Giving a Witness Statement to the Police What Happens Next?

Appendix 8

WITNESS STATEMENT
(CJ Act 1967, s.9; MC Act 1980, ss.5A(3) (a) and 5B: Criminal Procedure Rules 2005, Rule 27.1)
URN
Statement of:
Age if under 18: Over 18 / (if over 18 insert ‘over 18’) / Occupation:
This statement (consisting of / page(s) each signed by me) is true to the best of my knowledge
and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it, anything which I know to be false or do not believe to be true.
Signature: Date: / Date
Tick if witness evidence is visually recorded / (supply witness details on rear)
1. Background
· (Hospital Name and Location) is (type of ward/unit/service this is) which is part of Northumberland, Tyne and Wear NHS Foundation Trust. It provides mental health care for adults with a mental disorder, whom require assessment and treatment within a safe environment. Most of whom are detained under the Mental Health Act 1983 (Include any more information or delete as required relating to the service) There are (how many wards on the site etc) which include (include the types of ward here – e.g admission wards, a High Dependency Ward, a Mother and Baby unit, and rehabilitation and recovery units). Individuals on these wards are often vulnerable requiring support and nursing care. Adults are admitted from the community or other wards in the locality. People are admitted on the basis of them posing a risk to others and potentially themselves. (Please include any other relevant information about ward/team/service etc.)
· Being detained under the Mental Health Act, or an inpatient within our facilities does not preclude our patients from being responsible for their own actions and associated consequences. This differs by individual circumstances.
· Where appropriate, patients can be held accountable when they commit criminal offences no less robustly than a person without a mental disorder. Our experience is that prosecution is a powerful learning tool, irrespective of whether a patient is already the subject of a section of the Mental Health Act, or being within a mental health facility.
· The court may be concerned as to whether it has any adequate powers of punishment regarding those patients who are in receipt of mental health care. Imposing a prison sentence on someone with a serious mental disorder is likely only to be appropriate in very rare circumstances, but other interventions such as a fine, compensation order or a hospital order with or without a restriction order may be enormously beneficial in managing offending behaviour and showing consequence to behaviour.
· A number of our patients receive state benefits of various amounts. This has enabled some individuals to build up substantial savings. If this is balanced against the fact that some of our patients have no regular outgoings, e.g. utility bills, food, rent, then the potential for financial penalties against offenders is an appropriate option.
2. Information of relevance relating to (Name of the alleged perpetrator)
This is not the first time that ……. has offended, the trust has a number of incidents logged where incidents have occurred, and for many different reasons these have not been taken via the criminal justice system. (Add why this is being reported to police and why the court need to take robust action)
There has been a number of historical incidents recorded on our trust incident system:
? incidents of criminal damage to hospital property
? incidents of physical assaults against others (patients and staff)
? incidents of aggressive behaviour to others
? incidents of threatening behaviour to others
( any other relating to the incident that occurred)
Add details of what occurred and more information about why and the impact on other son the ward. E.g. damage to chairs/ plates – leading to lack of appropriate equipment for others requiring the care and support.
The Clinical Team are of the opinion that …….. has capacity to understand his actions and although apologises after the event, this is not preventing further offending. We would like the court to consider an appropriate disposal that will deter further offending and to ensuring we are able to keep other patients safe and we have the equipment/facilities to provide appropriate care on our wards.
On behalf of ……. Ward/Team, Northumberland, Tyne and wear NHS Foundation Trust, our staff and our patients, I would ask that the Court takes the above factors into account when determining sentence for this crime.
Signature:………………………………………………….
Home address: / Postcode
Home telephone no / Work telephone no
Mobile/Pager no: / E-mail address:
Preferred means of contact (specify details):
Best time to contact (specify details):
Male /Female / Date and place of birth:
Former name: / Self defined Ethnicity Code (16 + 1) / Religion / Belief (specify
State Dates Of Witness Non-Availability:
The following question must be answered and full details of ‘yes’ responses included on form MG6
Is the witness unwilling or unlikely to attend court? / Yes / No
If yes also give details of what can be done to ensure attendance
If the person responsible for the offence is kept in custody by police, has the witness stated that they / Yes / No
wish to be kept informed if bail is granted by the court?
Does the witness have any special needs if required to attend court and give evidence? (e.g. language / Yes / No
difficulties, visually/hearing impaired, restricted mobility, learning difficulties etc.)
Does the witness require a Special Measures Assessment as a vulnerable or intimidated witness? / Yes / No
If yes submit form MG2 with file
Will the person giving evidence require standby arrangements for court / Yes / No
If yes submit form MG2 with file
Statement taken by
Station
Date, time and place statement taken
I am the victim / Yes / No
The Victim Personal Statement scheme (victims only) has been explained to me: / Yes / N/A
I have been given the Victim Personal Statement leaflet: / Yes / No
I wish to make a Victim Personal Statement today / Yes / No
I have been given the leaflet “Giving a Witness Statement to the Police – What Happens Next? / Yes / No
I consent to police having access to my medical record(s) & notes in relation to this matter / Yes / No / N/A
I consent to my medical record in relation to this matter being disclosed to the defence / Yes / No / N/A
I consent to the statement being disclosed for the purposes of civil proceedings if applicable / Yes / No
(e.g. child care proceedings, CICA, ASBOs, injunctions etc.)
The information recorded above will be disclosed to the Witness Service and Victim Support (victims only) so that they can offer help and support. If you do not wish to be contacted, telephone the relevant number as directed on the leaflet that the Officer will give to you
Signature of witness: / Print
Name:
Signature of parent/guardian/appropriate adult: / Print
Name:
Address and telephone number if different from above:
WITNESS STATEMENT
(CJ Act 1967, s.9; MC Act 1980, ss.5A(3) (a) and 5B: Criminal Procedure Rules 2005, Rule 27.1)
URN
Statement of:
Age if under 18: / (if over 18 insert ‘over 18’) / Occupation:
This statement (consisting of / page(s) each signed by me) is true to the best of my knowledge
and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it, anything which I know to be false or do not believe to be true.
Signature: Date: / Date
Tick if witness evidence is visually recorded / (supply witness details on rear)
I have been given the ‘Making a Victim Personal Statement’ (VPS) leaflet and the VPS scheme has been explained to me. What follows is what I wish to say in connection with this matter. I understand that what I say may be used in various ways and that it may be disclosed to the defence.