Music3 mins ago
withdrawing a statement
If you gave a statement to the police and then withdrew it saying that it wasn't tru, what could happen?
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You could be charged, under Section 5(2) of the Criminal Law Act 1967, with 'wasting police time'. The maximum penalty is 6 months imprisonment and/or a fine of up to �2,500.
Both your question, and my answer, use the word 'could', rather than 'would'. A prosecution for wasting police time can only be brought by, or with the consent of, the Director of Public Prosecutions. No such prosecution would be brought until the circumstances had been thoroughly investigated.
Example 1: A woman complains that her husband has beaten her up. She gives a detailed statement to the police. They take photographs of her injuries and get a doctor's report regarding the likely cause of such injuries.
The woman later seeks to withdraw her statement. In such circumstances, no action would normally follow against the woman. However, the police and the Crown Prosecution Service would still seek to convict her husband, using the other evidence which they have.
Example 2: A woman accuses her ex-boyfriend of raping her, out of shear malice. She later withdraws her statement. Obviously, the Crown Prosecution Service will not continue with the case against her ex-boyfriend. The police would then compile a file on the case and send it to the Director of Public Prosecutions. The DPP would have to decide whether it was in the public interest to charge the woman with wasting police time. (It's quite likely that a charge would follow but there might be special circumstances, such as the woman's mental health, which would make the DPP decide otherwise).
Chris
Both your question, and my answer, use the word 'could', rather than 'would'. A prosecution for wasting police time can only be brought by, or with the consent of, the Director of Public Prosecutions. No such prosecution would be brought until the circumstances had been thoroughly investigated.
Example 1: A woman complains that her husband has beaten her up. She gives a detailed statement to the police. They take photographs of her injuries and get a doctor's report regarding the likely cause of such injuries.
The woman later seeks to withdraw her statement. In such circumstances, no action would normally follow against the woman. However, the police and the Crown Prosecution Service would still seek to convict her husband, using the other evidence which they have.
Example 2: A woman accuses her ex-boyfriend of raping her, out of shear malice. She later withdraws her statement. Obviously, the Crown Prosecution Service will not continue with the case against her ex-boyfriend. The police would then compile a file on the case and send it to the Director of Public Prosecutions. The DPP would have to decide whether it was in the public interest to charge the woman with wasting police time. (It's quite likely that a charge would follow but there might be special circumstances, such as the woman's mental health, which would make the DPP decide otherwise).
Chris
Redhead23:
Please don't 'jump to conclusions' about the reasons behind a question.
For all we know, Wandering might have given the police a perfectly truthful statement but now be subject to intimidation from the person whose actions were reported. Wandering could be worried about what could happen if he/she gives in to the intimidation and withdraws the truthful statement. (The answer is that the police can usually work out why a statement is withdrawn and they would not take any action for wasting police time).
Wandering asked a sensible question and deserves a sensible answer (which I hope that I've given). Making assumptions about the reasons for the question doesn't help anyone.
Chris
Please don't 'jump to conclusions' about the reasons behind a question.
For all we know, Wandering might have given the police a perfectly truthful statement but now be subject to intimidation from the person whose actions were reported. Wandering could be worried about what could happen if he/she gives in to the intimidation and withdraws the truthful statement. (The answer is that the police can usually work out why a statement is withdrawn and they would not take any action for wasting police time).
Wandering asked a sensible question and deserves a sensible answer (which I hope that I've given). Making assumptions about the reasons for the question doesn't help anyone.
Chris
Certainly in the force that I work, if the person made the statement as a complainant in a crime, they would get a fixed penalty for wasting police time. If they did it as a witness to a crime and didn't have a damn good reason for doing so (duress etc) then it is likely they would be charged with perverting the course of justice. Lying in a statement is a serious offence and that is why you have to sign a declaration at the top of the statement saying that what you are saying is true to the best of your knowledge.
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