Do the Police have to give me statements?

[muncy]

I was recently the victim in an incident. The other party was arrested and inteviewed at the police station and the police officer came to my residence later that day to take a statement from me. The CPS then decided not to pursue the matter but as I have costs I want to take it to the small claims court.

I spoke to the officer involved and he didn't know whether he could send me the statements or whether they would have to be requested through a solicitor. The idea of going to the small claims court is not to use a solicitor.

Can anybody advise whether I am entitled to copies of the statements.

[pauln90]

As far as I am aware copies of the police accident report are only available to solicitors or insurance companies and NOT to individuals.

I would suggest you telephone the police station concerned and ask them what their policy is. The person dealing with accidents used to be called an Accident Clerk in my day but is now probably part of their Criminal Justice Department

[)wardy(]

In short, you do not have a legal right over it. It does not come under data protection as it is overpowered by The Police and Magistrates Act.

However, at the same time I forsee no reason why you can not have a copy. I imagine, it is force policy to oblige or not as paul states.

The offices are now called "Crash Clerks" as the word was accident was dropped due to their always being something or somebody to aportion blame.

However, to be honest I see no reason why you need your statement. The only purpose of a statement is for the courts. If you were called as a witness, it is only at the discretion of the court whether you can use your statement anyway. It is little more than an aide memoire, and must NEVER be read verbatin in the dock. The bone fide facts (real evidence) should come from your mouth not a piece of paper whilst testifying.

[muncy]

Hi Folks.

Thanks for the answers. I was really interested in seeing the other parties statement as she now seems to be claiming something different to what I understand her to have said at the time. A bit of digging around on the internet suggests that it won't be released to me but I've made a request under the Freedom of Information Act just in case.

Thanks again

[Yorkie580]

The short answer is no...

http://www.theanswerbank.co.uk/Law/Question283 701.html