Police witness statement, Error in Police witness statement - Vehicle Color |
Police witness statement, Error in Police witness statement - Vehicle Color |
Thu, 23 Mar 2023 - 16:42
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#1
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New Member Group: Members Posts: 1 Joined: 23 Mar 2023 Member No.: 119,480 |
A case is going to court, and the police state they clearly saw the WHITE vehicle.
in fact my vehicle is not WHITE, the police also submitted a photo of a BLACK vehicle. Can the case be dismissed on a technicality in the court |
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Thu, 23 Mar 2023 - 16:42
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Thu, 23 Mar 2023 - 17:36
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#2
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Can the case be dismissed on a technicality in the court Yes. Whether it will be dismissed in respect of the error you mention is by no means certain. Is the maker of the statement going to be called to give evidence? Are the other details of the vehicle (particularly the registration) correct? Did the maker of the statement witness the offence or are they merely processing photos? -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 24 Mar 2023 - 08:59
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#3
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Have you asked for the witness to attend? If not you have accepted the witness statement as is, whether the court find that a reason to dismiss the evidence is down to them, but personally I think it unlikely (or they may adjourn and ask him to attend).
If you asked the witness to attend then he will correct his statement and if the court find the explanation credible (likely) then it becomes an irrelevance. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 24 Mar 2023 - 09:47
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
If you asked the witness to attend then he will correct his statement and if the court find the explanation credible (likely) then it becomes an irrelevance. He will correct it if he gives the wrong evidence again. If he now says it’s a white vehicle then his previous inconsistent statement can be put to him but it’s likely to be a bit “so what?” -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 24 Mar 2023 - 10:54
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#5
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Member Group: Members Posts: 634 Joined: 8 Dec 2012 Member No.: 58,778 |
It depends, are you disputing it was your vehicle?
Facts around the case might help? Eg were you stopped at the time? Is the police officer whose statement says white the one who stopped you? Does the colour of the car have any bearing on the case? You might be able to make something of it in the right circumstances, but if it’s just a typo or copy and paste error from a previous witness statement maybe not. |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 14:34 |