I have received a letter from a defence lawyer (or precognition officer) requesting a statement from me regarding a case. Do I have to give a statement?
The witness is not legally bound at this stage to give a statement, but giving one allows the defence to prepare a case, which should hopefully mean that the case would come to court more quickly. The witness has the right to choose the time, date and place they wish to give the statement. If a witness declines or refuses to give a statement, the defence solicitor can apply to a sheriff for a warrant instructing the witness to attend for precognition.
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- I have received a letter from a defence lawyer (or precognition officer) requesting a statement from me regarding a case. Do I have to give a statement?
- What happens if the officer in the case and the charging lawyer disagree over the extent of the necessary file build?
