The document provides guidance on taking effective witness statements in a legal context. It discusses important considerations like putting the witness at ease, asking open-ended questions, avoiding leading questions, getting specific details, and addressing any inconsistencies in the witness's account. It emphasizes getting a clear and concise statement with relevant details while excluding irrelevant information. The goal is to obtain an accurate record of events from the witness's perspective.

1. Take that Statement
Are you writing what I want to hear
or
Are you writing the true

2. Free Advice from my Friend Agata

3. You may be going to Court Like it or
Not
Statements play a vital role in both the criminal and civil legal systems.
By using written statements those involved in the judicial process can
read what a witness would say if they were present and as such they
play an integral part by acting as an information filter in the legal
system.

4. Two things
• Try to prove the person innocent
• The second is you cant break the law to make
the law

5. Purpose gain vs. goal
The purpose of a victim personal statement is to;
• a) provide a means by which a victim may make known their
legitimate interests, such as their wish to receive information about
case progress; to express concerns about intimidation or the
alleged offender being granted bail; their wish to seek
compensation, or to request referral to Victim Support or other
help agencies.
• b) give victims the chance to tell the criminal justice agencies and
services dealing with their cases how the crimes have affected
them -physically, emotionally, psychologically, financially, or in any
other way.
• c) provide the criminal justice agencies with a ready source of
information on how the particular crime has affected the victim,
supplementing other sources of information available, for example
detailing compensation, or the confidential information form,

6. True/Lies
• You need to show whether the person
understands the difference between telling
the truth and telling lies. This is too
complicated for most people to answer
directly so it tends to be broken down.

7. Respect is given and earned
• All witnesses should be treated with courtesy and every attempt should
be made to put witnesses at their ease. It is preferable to speak to
witnesses in a private room so that there is a more relaxed environment.
At the outset, you should explain to the witness that the primary aim of
taking a statement from them is to find out what happened.
• Any statement should be written and signed in ink. Witness statements
should be drafted so that they are concise and to the point. They should
only deal with matters within the direct knowledge of the witness. As far
as is possible, you should try to record the witness’ own words.
• You may find it helpful to take notes before beginning to write the
statement. Once the statement has been completed you should offer to
allow the witness to read it; otherwise you should read the statement
over to the witness before it is signed. If there are any alterations on the
statement, these should be initialled by the witness.
• When questioning the witness you should ask all relevant questions ie
pursue all reasonable lines of enquiry, whether these point towards or
away from the potential accused.

8. Type P( Pleasant) Type A ( ______)
• Types of Witnesses
• For purposes of this article, an attorney is interested in
obtaining statements from percipient witnesses (aka eye
witnesses). However, there are other types of witnesses,
such as character witnesses, lay witnesses, and expert
witnesses that will not be discussed in this article as those
witnesses do not fundamentally fit the criteria of this
article.
• Within the scope of percipient witnesses, there are
“friendly” witnesses and “hostile” witnesses. A friendly
witness is someone who is favorable to your side of the
case and is a cooperative witness. In contrast, a hostile
witness is someone who is against your side of the case and
is adverse to your client’s interests..

9. Have a Heart not a conscience
Effect of the incident on the victim
a. What was the effect of the incident on the victim?
b. Did the victim suffer any physical harm? If so, provide full details
of when, where and what harm was suffered.
c. Did the victim suffer any emotional or psychological harm
including any distress? If so, provide full details of when, where
and what harm was suffered.
d. Did the victim seek any medical or other treatment? If so, from
whom? What was the nature and cost of the treatment?
e. What ongoing treatment has been recommended?
f. Does the victim still experience any physical, emotional or
psychological effects as a result of the incident?

10. All events cause people grief
Depending on the level of trauma the witness has experienced, it may be more
appropriate to have a series of short interviews with the witness rather than one
long one. Monitor the witness’ demeanor during the interview and call a halt to
the interview or have a break if the witness is becoming too distressed.
If you are having a series of interviews with the witness to complete the statement,
plan what you need to cover with them before each meeting. Review the information
you have already gained, identify any gaps or inconsistencies in their account and
ask them about these when you next meet.
If there is a gap in time in the witness’ account, ask specific questions about what
occurred and in what order. For example, if the witness says that they did not
go searching for their missing relative until four hours after the event, ask them
to explain why this was and what was happening in the interim. If the witness
gave a different account of the events to the police from the one they give you,
ask them about this. Sometimes asking a question in another way will resolve
inconsistencies as the inconsistency may be the result of a misunderstanding. If
gaps or inconsistencies still remain, try to explore the reasons for them with the
witness.

11. In addition the skills and competence required to obtain
witness evidence varies according to the method used to
obtain such evidence i.e. paper, on video or other approved
recording media and the nature of the witness concerned i.e
child, vulnerable or intimidated. As a consequence it is
important to ensure that the person obtaining the evidence is
trained to the correct level and is currently classified as being
competent. This is both a personal and supervisory
responsibility.

12. The Now is better than the latter
The passage of time often results in witnesses (including
victims) forgetting crucial details regarding an incident. As a
consequence statements should be obtained from key
witnesses at the earliest opportunity. This ensures the
evidential integrity and content of the statement. However
consideration should always be taken of the individual
circumstances of the witness, their vulnerability, their
emotional state and the particular incident itself. As outlined
above consideration also needs to be given as to whether
evidence should be recorded on video or other approved
media, rather than a written witness statement

13. Prepare a lot –a lot ahead of time
don’t walk in blind
• Prepare a list of questions to cover with the
witness before you meet with them. This will
assist you to ensure that you cover all the matters
you need to cover. It will also assist you to direct
the witness towards providing you with the
information that you need and to avoid
discussing matters that may not be relevant for
the preparation of their statement. Even if you do
not have any background information and do not
know what the witness might tell you, there are
some basic questions that you will always need to
ask and it will be useful to start with these

14. Do as much research before the
incident statement
Be Prepared Before You Begin
• The person taking the statement should know the specifics about any matter in which a statement
would be relevant. You should know the questions to be asked before the statement taking begins.
Any time a statement is taken, it is wise to have audio recording equipment available to record the
statement orally. The statement should also be transcribed by a certified court reporter if possible.
Notes should also be taken by the one asking the questions. All documents to be discussed and
identified should be available for review.
Establish Witness Credibility
• Begin the statement by clearly identifying the person giving the statement and why she is
important to the issue investigated. Begin your questioning process by establishing the witness'
residence, her occupation and her expertise to make a relevant statement on the issue. Proceed to
get her address, her place of employment and any contacting phone numbers. You should establish
why the statement giver may or may not have had an excellent opportunity to have viewed an
incident at issue or have credibility as an expert on the subject.
Decide Which Format to Take
• You cannot question a witness too thoroughly. Getting a correct statement may require questioning
that may seem redundant. You may choose to ask questions that require short, precise answers or
you may choose to ask questions that require a long, paraphrased account by the statement giver.
Many statement takers will use a combination of the two methods. It is not uncommon to ask a
statement giver to give his statement in his own handwriting on the pertinent issues.

15. Do you KISS on the first date
• When you begin an interview, it is helpful to
try to put the witness at ease as soon as
possible. Be sure to avoid using legalese that
will not be understood by the witness. In fact,
following the KISS philosophy (“keep it simple,
stupid”) applies to taking a witness statement.
Try to remain impartial when taking a
statement; you are simply gathering facts

16. Everyone including Grandma
The witness
a. Their full name;
b. Their date of birth;
c. Their gender;
d. Their address; and
e. Their occupation.
Facts
a. When (on what date and at what time of day or night) did the
incident take place?
b. Where was the witness at that time? What was he or she doing?
c. Who was with the witness at the time of the incident?
Identify each person as best they can, e.g. give:
• their name;
• their date of birth;
• their relationship with each person there, e.g. neighbor,
brother, friend;
• if they did not know them, any identifying features or
unusual characteristics.
d. What did the witness see?
e. What did each person present say or do?
f. What happened as a result of the incident?
g. Was any damage caused or harm suffered?

17. Add after they babble
• Add to your list of questions as you move through the interview to
ensure you do not miss anything. If there is anything you do not
understand as the witness gives their account, ask them to explain
it.
• Depending on the level of trauma the witness has experienced, it
may be more appropriate to have a series of short interviews with
the witness rather than one long one. Monitor the witness’
demeanour during the interview and call a halt to the interview or
have a break if the witness is becoming too distressed.
• If you are having a series of interviews with the witness to complete
the statement, plan what you need to cover with them before each
meeting. Review the information you have already gained, identify
any gaps or inconsistencies in their account and ask them about
these when you next meet.

18. The Case of the missing suit cases
• Add to your list of questions as you move through the interview to
ensure you do not miss anything. If there is anything you do not
understand as the witness gives their account, ask them to explain
it.
• Depending on the level of trauma the witness has experienced, it
may be more appropriate to have a series of short interviews with
the witness rather than one long one. Monitor the witness’
demeanour during the interview and call a halt to the interview or
have a break if the witness is becoming too distressed.
• If you are having a series of interviews with the witness to complete
the statement, plan what you need to cover with them before each
meeting. Review the information you have already gained, identify
any gaps or inconsistencies in their account and ask them about
these when you next meet.

19. The law protect the bad person
• Statements under caution
• There is a distinction evidentially between statements
of witnesses and statements made by an accused. To
an extent, pre-trial statements made by an accused are
admissible in evidence so long as they have been
obtained fairly; this applies both to statements taken
during a preliminary investigation and when the
accused is a suspect. The law is not, however, free from
difficulty. There have been a series of conflicting
decisions in this area and it is difficult to state the law
with complete certainty.

20. Unsolicited comments
• If a suspect makes unsolicited comments
outside the context of an interview but which
might be relevant to the offence, you should
make a written record of the comments. You
should sign the record and record the time the
comment(s) were made.

21. For your eyes only darling
Have the witness confine his comments to what he
actually observed with his own eyes. Avoid
recording hearsay or statements that are not within the
witness' personal knowledge. Use
“quotation marks” when you write down what the
witness actually says he saw. In addition,
introduce the witness' quotes by using language like “the
witness stated ….” If the witness reports
that someone else described the incident to him, record
the name and contact that person as soon as
possible.

22. Every time Always No Exemptions
Take witness statements and complete your
investigation report in every case, even in those
cases where the injured patron states that he
lost his balance or fell on his own. Never assume
that an accident investigation is unnecessary
because of the statements made by an injured
patron.
Always complete your investigation report and
always obtain statements in every case.

23. Talk with me not at me
• You may take notes during the initial
questioning of the witness. Your note taking
should be unobtrusive and should stop if it is
distracting to the witness.
Keep your questions simple and avoid using
names or terminology that the witness does not
understand. Let the witness do the talking.

24. Statements should contain clear
specific details
It is important to ensure that the information contained in the statement is
detailed in a clear and concise way. As much relevant detail as possible should
be included, while irrelevant details should be excluded. A statement that is
longer than it needs to be will not assist the Court when it has to decide what
in fact happened.
If there are gaps or inconsistencies in the witness’ account, the reasons for
these should be included in their statement.
Include facts not opinions
In their statement, a witness should generally only give details of facts within
their knowledge and not comments or opinions. There are some exceptions
to this. Also, if the witness’ belief is important, details should be given of the
belief and the reasons for it.

25. A pictures worth a thousand words but
a Coke can is worth a Jail Sentence
If the witness has difficulty remembering details, be
patient. If the witness does not have
enough information to answer a particular question,
record his statement that way. Do not insist
that the witness give a straight yes or no answer to every
questions.
The witness may have difficulty putting into words what
he/she observed. In such instances,
sketches or diagrams can be used. Your accident
investigation report or safety survey should have
a diagram of the rink that you can use to provide visual
cues for the witness.

26. • When producing business documents such as invoices,
bank statements or computer printouts as evidence
they are admissible only if certain conditions are
satisfied.
• A witness statement is required from an appropriate
member of the business to the effect that the
document was created or received in the normal
course of that business and that the information
contained in the document was supplied by a person
who had or may reasonably have been supposed to
have had personal knowledge of the matters dealt
with.

27. It is important to remember that negative
statements can be as valuable as positive ones.
This particularly applies when dealing with alibi
evidence.

28. further statements are taken
• Interviewers should avoid using leading questions and
should record statements in an active style, i.e. ‘I posted
the letter’ rather than ‘The letter was posted’. The
interviewer should consider using how, what, where, when,
why and who questions.
• If further statements are taken from a witness, these
should be separate documents not additions to existing
statements. Such additional statements should begin ‘
Further to my previous statements(s)......’ . If the additional
statement clarifies something said in an earlier statement,
both statements should be retained and submitted. The
interviewer should note that all statements should be
retained as either used or unused material.

29. Cognitive Interviewing Skills
• The interviewer should find a suitable place to
talk to witnesses. Put them at ease and fully
discuss the incident before embarking on the
statement. Consideration may need to be given
to interpreters, interview supporters, cultural
differences and disability and communication
issues. The interviewer should be satisfied the
witness has told them all they know, before a
statement is commenced. The interviewer should
utilize, whenever possible, Cognitive Interviewing
Skills in obtaining information for a witness
statement.

30. Open ended or Dead Ended

31. Specific vs. Reflective

32. The end or the true end
• Concluding Questions

33. What is today is not tomorrow
• When a statement is complete it should wherever possible be in
chronological order, it should make sense and be accurate. In
general terms the resulting statement should provide a word
picture of the events as they occurred.
• Any notes that are made in the process of compiling a statement
must be retained. They may be used to negate or confirm
subsequent statements by the same witness. Our job is to seek the
whole truth and not just those parts that support our case. In
certain cases a witness will retract their initial statement. This
action should be viewed with caution and consideration given as to
whether there has been intimidation. It may be advisable to obtain
a second statement giving the reasons for retraction and whether
the original statement was correct. A retraction statement does
not necessarily mean that proceedings will be discontinued

34. You tell me I don’t tell you EVER
• The Statement taker must never encourage a witness
to make a statement on the pretext that they will not
be called to give evidence in criminal proceedings. The
‘Witness Information’ form explains the exact position
to the witness and Interviewer should not deviate from
the information contained within that form. A ‘Witness
information’ form will be given to witnesses from
whom we record statements. The interviewer should
explain the contents of the form to witnesses and
wherever possible obtain and record, on the statement
form, any non -availability dates.

35. Tell me everything and then some
• A statement should identify the witness and provide details of
status, occupation, position held, relationships, and so on, as
appropriate. The statement should be in the first person and speech
should be direct. It is important that the home address of the
witness is not revealed in the body of the statement unless it is
relevant to the offence. Whenever relevant a description of the
witness, including details of clothing worn, should be included in
the text. It is important that locations of incidents, damage to
property and physical injuries are fully described. If possible each
separate event in the statement should be enclosed in a separate
paragraph. It is advised that the content of each paragraph is
checked with the witness as it is written. It is important that the
witness views this as his/ her statement not the interviewers
version of events.

36. This has strict rules don’t go here
• Hearsay is information given to a witness by
another as to facts not within the witness’
knowledge. It should be avoided whenever
possible. However if there is doubt about
whether something is hearsay or not include it
in the statement, if necessary it can be
excluded later.

37. Care and ABSOLUTE Control of the
Data and Exibits
• Exhibits produced in a statement MUST be
allocated a unique reference number and an
exhibit label should be signed at that time. The
unique reference number should be recorded in
the statement. Whenever practicable each item
should be given a separate reference number. As
an example if a suspects clothing is seized each
item should receive a separate reference number,
whilst a box of mars bars would receive one
reference number

38. COMPETENCE AND COMPELLABILITY
OF WITNESSES
All persons are competent to give evidence
provided they can understand the requirement
to tell the truth, are capable of giving rational
testimony, and are not excluded by any rule of
law. Someone who is competent to give
evidence is usually compellable as well,
exceptions include accused persons and their
spouses in certain circumstances.

39. Purpose gain vs. goal
The purpose of a victim personal statement is to;
• a) provide a means by which a victim may make known their
legitimate interests, such as their wish to receive information about
case progress; to express concerns about intimidation or the
alleged offender being granted bail; their wish to seek
compensation, or to request referral to Victim Support or other
help agencies.
• b) give victims the chance to tell the criminal justice agencies and
services dealing with their cases how the crimes have affected
them -physically, emotionally, psychologically, financially, or in any
other way.
• c) provide the criminal justice agencies with a ready source of
information on how the particular crime has affected the victim,
supplementing other sources of information available, for example
detailing compensation, or the confidential information form,

40. Everyone Has Right as many as you do!
Planning and Preparation
• Understand why you wish to interview this person?
• Consider alternative courses of action and secondary plans.
• Location
• Equipment
• Other persons needed – Interview Supporters, Interpreters and so on.
• Cultural problems
• Briefing from Case file holder

41. Engage and Explain
• First impressions are important
• Form a proper relationship
• Inform of reason for interview and what is going to happen.
• Give common courtesy
• Establish what interviewee would like to be called
• Reassure person that they are a witness not a suspect.
• Consider welfare and refreshment.

42. Account, Clarification and Challenge
• Obtain and deal with interviewee’s recollection of
events
• Cognitive -‘Free recall’
• Followed by a least one other ‘Free Recall’
• Alternatively use ‘Conversation Management’

43. Closure
• Be prepared for the closure. You may need to come back to this witness.
• Summarise
• Check comprehension
• Invite questions or feedback.
• Give appreciation of their hard work
• Indicate the value you place upon their assistance
• Consider Victim and Witness care.

44. Evaluate the data don’t put in the
blanks to meet your needs
Evaluation
• Evaluate information obtained
• Evaluate whole investigation in light of
information obtained
• Evaluate interviewers performance

45. Special Witnesses need special training
• Non-English speakers
• Deaf witnesses and people with speech
difficulties
• People with a visual impairment or reading
difficulties
• People unfit to be interviewed
• Dying witnesses

46. Everyone Get a Copy
Try to interview one person at a time instead of a group. Group interviews allow one witness to
hear the statement of another and the interview will result in confusion and repetitious statements.
All statements should be signed and dated by the employee taking the statement and by the
patron or witness giving the statement, if possible. The employee should write his or her name
clearly and legibly and provide a home telephone number and address.
Use of a tape recorder is acceptable in some states, but the circumstances should be carefully
controlled. If you do use a tape recorder, please keep three factors in mind:
a). a signed written
statement is the best evidence;
b). the area where you record the statement may be noisy and may
not produce the best quality recording and may not be useful; and
c). always remember that you may have to transcribe the statement and supply a copy to the claimant
or his/her attorney

47. Think out side the Box
But don’t let others hear you

48. Everything everyone has MOTIVE

49. YOU have a job to do
• It is important to memorialize the sequence of
events in any given incident. One way to
accomplish this is to obtain statements from
the percipient witnesses. Nailing down a
witness’ version of how an incident occurred
early in a case can be one of the most
important components of a thorough
investigation.