NEW MANDATORY REQUIREMENTS FOR WITNESS STATEMENTS IN APRIL: STATE THE PROCESS BY WHICH THE STATEMENT WAS OBTAINED

It is worth isolating one aspect of the changes to the rules relating to witness statements coming into force in April as a result of  The 113th update to Practice Direction Amendments.   That is the mandatory obligation in every witness statement to set out the process by which the statement is obtained – face-to-face, by telephone or through an interpreter.

THE NEW RULE

There is a new section in PD 32 – evidence at paragraph 18.

“(5) the process by which it has been prepared, for example, face-to-face,
over the telephone, and/or through an interpreter.”.

LOOKING AT THAT IN FULL

Paragraph 18 deals with the body of the witness statement. It imposes mandatory obligations (it uses the word “must”) as to what must be included in the witness statement.  As amended it reads:-

Body of witness statement

18.1 The witness statement must, if practicable, be in the intended witness’s own words, the statement should be expressed in the first person and should also state:

(1) the full name of the witness,

(2) his place of residence or, if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer,

(3) his occupation, or if he has none, his description, and

(4) the fact that he is a party to the proceedings or is the employee of such a party if it be the case.

“(5) the process by which it has been prepared, for example, face-to-face,
over the telephone, and/or through an interpreter.”.