>[!NOTE] New VPM as of 01/07/2023 >Please note a VPM on Witness Statements was released on 01/07/2023 which outlines our rules for both taking & giving statements. # Witness Statement Practices Within your statement you must record: 1. Include descriptions of offender 2. Include any identification evidence 3. Include any contradicting information (e.g. evidence which the witness provides, but is different based upon CCTV or another piece of evidence) 4. All times the witness was spoken to by police For all statements you must: 1. Sign a Jurat and Acknowledgement at the time the statement is finalised. 2. Sign the acknowledgement in the presence of the acknowledgement taker. >[!WARNING] Electronic Signautre >The Witness Statement VPM states: >*"Witness statements taken under the Criminal Procedure Act must not be signed electronically, such as with a stylus on an IRIS device; statements must be physically signed."* >[!FAIL] Missing Informaiton >You must take a supplementary statement, that is, a new statement providing further information. # I.A.D.V.O.K.A.T.E. These guidelines are utilised by police to aid in the assessment of witness evidence. Defence lawyers will often ask these questions about a witnesses suitability, so they are good questions to considered. These questions should flow throughout your statement ideally. |**Letter**|**Title**|**Example Question**| |---|---|---| |**I**|Impairment - (Drugs or Alcohol)|Was the witness impaired due to<br><br>drugs or alcohol? <br>Is the witness visually or audibly impaired?| |**A <br>**|Amount of Time Under Surveillance|How long did the witness have the incident / suspect in view?| |**D**|Distance from the Incident|What was the distance between the witness and the incident / suspect?| |**V**|Visibility|What was the visibility like at the time?| |**O**|Obstructions|Was there anything blocking the witness's view?| |**K**|Known or Seen Before|Has the witness seen the suspect before?| |**A**|Any Reason to Remember|Does the witness have any reason to remember the suspect / incident?| |**T**|Time Lapsed Since Incident|How long has time elapsed since the witness saw the suspect / incident?| |**E**|Error or Material Discrepancy|Are there any discrepancies between descriptions given in the first and subsequent accounts by the witness?| # Formatting - Use the witness' full name. Do not include their address or phone numbers (unless they are part of evidence and required). - Numbered paragraphs and pages. Justify the text when typed. - No spaces between paragraphs for handwritten statements. If you type the statement, you can have spaces. - Mistakes - Single line through. - Witness initials any mistakes, additions and also initials the bottom/end of each page. - Put a line through any blank areas. - Witness signs the end of the statement (last paragraph). - Jurat & Acknowledgement - Sign, name, rank and number. - 2x Signatures in Total, print name next to signature. - 502 - Only complete the Jurat & Acknowledgement on the last page. - 502 - Never remove the yellow copy from the 502 pad. # Standard Jurat and Acknowledgement >(Witness Signature) > > Statement taken and signature witnessed by me at **TIME** on **DATE** at **LOCATION**. > > J. BLOGGS > Constable 00001 > I hereby acknowledge that this statement is true and correct and I make it in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury. > > (Witness Signature) > > Acknowledgement made and signature witnessed by me at **TIME** on **DATE** at **LOCATION**. > > J. BLOGGS > Constable 00001 # Structure - Attempt to make the story chronological. - Triage the overall story with some notes to get events in order before beginning the statement. - Start with the date/time/place - e.g. On Monday the 1st of January 2010, at about 12:00pm I was.... - Story is in witness' words and from the 'active 1st person' e.g. "I saw..." - Consider using sketches - label them, use colours, get them signed and dated by the witness. - Do not use abbreviations in the statement. - Maintain relevance/evidential value. # Fine Grain Detail - Consider IADVOKATE, thread this information through the witness statement. - Check your notes and ensure details in them are transferred to the witness statement. - Use compass directions (if your witness knows them). - Otherwise use reference points (e.g. the car drove away on Hoddle Street towards the River). - Detailed location descriptions, distances and landmarks. - Detailed person descriptions (top to toe, avoid 'average' build, etc.).