1. Summary of changes

The following amendments have been made to this standard operating procedure (SOP) in February 2024 - paragraph 3.4 amended. 

2. What this procedure/SOP is about

This SOP provides direction to operational staff in respect of taking statements from victims and witnesses of crime. A short summary of requirements around victim personal statements (VPS) is also included. Victims and witnesses are at the heart of everything we do. It is paramount that we provide a first-class service.

Statement taking is an essential policing skill and trade craft and the standard of their completion is crucial to the effective administration of justice.

Compliance with this procedure/SOP and any governing policy is mandatory.

2.4. Contents

2.4.1. Needs assessments

2.4.2. Statements: considerations - how to obtain

2.4.3. Overarching principles

2.4.4   Mobile First statements

2.4.5. Video conference and telephone statements

2.4.6. Electronic signatures

2.4.7. Statements for charging

2.4.8.  Withdrawal/retraction statements

2.4.9. Alibi statements

2.4.10. Victim Personal Statement (VPS)

2.4.11. Impact Statements for Business (ISB)

2.4.12. MG11 form (witnesses)

2.4.13. MG11 form (police)

3. Detail the procedure/SOP

3.1 Needs assessment

• before taking a statement, an initial needs assessment of the victim or witness should take place. This will help determine if there are difficulties in understanding, communicating or other circumstances that may require an enhanced service
• a victim of crime is a witness per se and entitled to an enhanced service if they are
  • vulnerable (includes under 18s)
  • intimidated
  • persistently targeted
  • a victim of serious crime

Vulnerable and or intimidated victims are entitled to consideration of special measures.

• a witness (who is not a victim) is also entitled to consideration of special measures if they are:
  • vulnerable (includes under 18s)
  • intimidated (automatically considered eligible if a witness to a gun or knife crime)

See SOP N15a (sections 3.2.3. needs assessments and 3.2.6. Special Measures).

• all suitable arrangements must be made to allow the victim or witness to give their best evidence e.g. video recording (ABE) interpreters or intermediaries
• the needs assessment should be fully recorded on the crime report

3.2. Statements: considerations - how to obtain

If it is decided that evidence can be obtained from a victim or witness by the taking of a statement (other than video recorded ABE) the taker must decide on the most appropriate format given the circumstances.

Options:

Face-to-face statement

• handwritten statement
• typed statement
• Mobile First statement

Consider them most appropriate location for the interview to take place.

Remote statement

• video conferenced statement
• telephone statement

On many occasions, taking a statement face-to-face will be the most effective way to obtain best evidence and provide the best service possible. This position should be the start point for any decision making.

It is recognised that there may be occasions where taking a face to face statement may not be practical and a remote statement either by video conference or telephone may be more suitable, timely, effective and best option for a victim or witness given all circumstances however, this decision needs careful consideration to ensure that the right service is provided. Remote statement taking should not be considered the preferred option without sound recorded rationale.

Considerations:

A remote statement will not be appropriate if any of the following factors are present:

• victim/witness to an indictable offence
• where a witness is deemed significant by an SIO (see the murder investigation manual for guidance on significant witnesses)
• there are safeguarding concerns
• there are identified vulnerabilities
• the victim or witness’s preference is for a face-to-face statement
• the statement is a withdrawal or retraction
• the quality of the evidence capture would be diminished if the statement were not taken face to face

A remote statement may be appropriate if any of the following factors are present:

• witness is not a deemed a significant witness
• victim/witness would prefer the statement to be taken remotely
• there are no safeguarding concerns
• there are no identified vulnerabilities
• the quality of the evidence will not be diminished if the statement were to be taken remotely
• the victim is out of county and the statement is required to meet critical deadlines and it is not proportionate to travel to the victim/witness or to request another force to take the statement face-to-face
• personal safety considerations exist (COVID)

The overarching aim is to consider the victim or witnesses needs and provide the best service for each individual and to maximise the opportunity to obtain best quality evidence.

3.3. Overarching principles

• All interviews undertaken to obtain a statement should be completed in accordance with the PEACE model.
  • Plan and prepare
  • Engage and explain
  • Account and clarification
  • Closure
  • Evaluate

     and in line with APP guidance.

• consider whether a first account has already been obtained, if so, establish in what format and ensure it is considered within the planning and preparation phase as to whether it should be reviewed before a statement is obtained
• if a first account has not been obtained, consider the most appropriate method (BWV, PNB, EPNB) and where possible ensure it is recorded prior to the taking of a statement
• ensure you include the essentials including time, day, date, location and detailed description of the incident/what was witnessed, in the words of the victim/witness
• where investigators are conducting interviews with victims or witnesses where they have witnessed a significant event and identification is likely to be an issue, guidelines contained in R v Turnbull (1977) are captured in the eight-point mnemonic ADVOKATE assists to secure the best evidence:
  • Amount or length of time the witness had the suspect under observation
  • Distance between the witness and the suspect during the observation
  • Visibility conditions during the observation
  • Obstructions to the observations, was the observation temporarily or partially inhibited
  • Whether the suspect is Known to the witness in anyway
  • Any particular reason the witness has for remembering the suspect or event
  • Time the witness had the suspect under observation and the amount of time elapsed since the event
  • Errors in the description provided by the witness compared with the actual appearance

• consider relevant lines of enquiry and disclosure issues at all times, for example a victim or witness may describe someone else present. This could present either a RLOE or a disclosure consideration to defence
• be cognisant of hearsay rules but also consider whether hearsay should/could be included particularly in circumstances such as domestic abuse. There are circumstances whereby hearsay may be admitted in evidence including Res Gestae (including dying declarations,) witness unavailability through fear, the interests of justice or agreement between prosecution and defence
• ultimately CPS and the court will decide on hearsay. If in doubt, don’t leave it out
• the Witness Charter requires that the statement taker should explain the purpose of the statement and ensure that the victim or witness understands what they are being told and this is accurately recorded
• the statement taker must make it clear to the victim or witness that by providing a statement they may be called to give evidence should the case proceed to a trial
• the statement taker must also make it clear to the victim or witness that if they have provided an account but not a statement, they may be summoned to court if it is considered necessary
• at the conclusion of the statement, the taker should either read the statement to the victim or witness or allow them to read it, to check for accuracy
• the victim or witness should be given the opportunity to change or amend and then sign the statement to confirm what has been recorded
• if handwritten, any changes will be clearly shown by placing a line through it and initialled by the victim or witness making the statement. They will not be erased or crossed out in a way that makes it impossible to read
• if typed, the statement will be printed off and signed by the victim or witness and by the statement taker
• any notes made (either handwritten or electronic) must be retained as ‘unused material’ for disclosure at any future criminal proceedings
• the declaration at the top of the statement should be clearly communicated to the victim or witness and included within the signature process
• any refusal to initial or sign the statement by the victim or witness shall be endorsed by the statement taker to that effect, giving any reasons offered. If no reason is offered this must also be recorded
• all questions and fields on the back of the statement together with the preferred means of contact for the witness must be completed
• the statement taker must add a declaration at the conclusion of the statement:

‘This statement was taken by me on (day and date) at (location) commencing at (time) and concluding at (time). On conclusion (name) read the statement (or I read the statement to [name]) and they were given the opportunity to add or amend anything. There was no other person present during the statement taking (or detail who was present)’.

The maker signed the statement as a true and accurate account in line with the declaration of truth.’

3.4. Mobile First Statements

3.4.1. Mobile First provides functionality for officers to complete statements on their hand-held device. All guidance relating to the completion of statements should still be adhered to when using this format and extra care should be taken over the spelling, grammar, presentation and ensuring points to prove are covered.

3.4.2. Mobile first statements should only be used for statements in relation to -
a) summary only matters suitable for police charge, or
b) straightforward continuity, exhibit or loss statements

3.4.3. Mobile first must NOT be used to record victim or eyewitness evidence for domestic abuse cases, or ANY either way or indictable offences.

3.4.4. Mobile first should only be used to take Victim Personal Statements or business impact statements for summary only police charge matters also.

3.4.5. Officers must consider whether mobile first is the right platform to take a statement before commencing, considering the needs of each witness. If in doubt, please use laptop or MG11 statement form. Quality must not be impacted by using mobile first and statements need to be fully checked for accuracy, spelling, grammar, and evidence content before completion.
 

Remote statement taking

3.5. Video conference and telephone statements

• where there are no immediate concerns relating to a victim or witness’s vulnerability and the circumstances are such that it may not be practicable to obtain a statement 'face to face', a witness statement may be taken remotely either by video conference or telephone
• consideration must be given to whether taking the statement by video conference or over the phone hinders the ability to gather evidence usually captured as part of the statement taking process and exhibited (e.g. BWV or photos of injuries or damage). If evidence exists in this format the investigating officer should make arrangements to obtain that evidence or take the statement in person
• if a victim or witness has access to Teams, a video conference interview should be considered, using the force Microsoft Teams facility and favoured due to the visual interaction benefits over telephone only interviews if possible
• under no circumstances should officers or staff use alternative private/personal video conferencing accounts or facilities
• this decision and the rationale for the mode of interview should be recorded on the crime report
• any notes made must be retained as ‘unused material’ for any future criminal proceedings
• the statement taker will include an explanation of the significance of making the statement and the consequences of not being truthful
• the officer must transcribe the victim/witness statement over video conference or the telephone. It should not be transcribed retrospectively based on notes taken
• the statement should be read over to the witness who must be asked whether they wish to alter or add anything to confirm that it is true
• all officers and staff are reminded that correspondence of this nature is highly confidential and therefore all reasonable and proportionate steps must be taken to ensure the content of any statement is only read by the intended recipient
• video conference or telephone interviews will not be conducted in relation to domestic abuse related offences or any other with a safeguarding concern unless the following conditions are satisfied:
  • the witness is not in the presence or hearing of the perpetrator or anyone who may wish to act in the interests of the perpetrator (e.g. a family member)
  • there are no vulnerable people in the presence of the witness who might be additionally traumatised by hearing the witness verbalise their evidence on a telephone (e.g. children of the witness)
  • ideally the process should take place with the victim/witness alone or supported by one identified responsible person they have chosen in adherence with the Victim Code
  • once completed, the statement should be saved electronically for security reasons

3.6. Electronic signatures

The following legislation enables the use of an electronic signature rather than the usual ‘wet signature’:

• Section 9 Criminal Justice Act 1967 (no requirement for wet signature or that a document must be signed in a particular way)
• Electronic Communications Act 2000 that makes the use of digital signatures admissible in evidence
• Rule 5.3 (2) Criminal Procedure Rules

Where a statement has been taken remotely the following should apply:

• the victim or witness should be asked how they would like the statement to be sent to them (email or post) and an explanation provided as to what they must do when they receive the statement
• any statement sent electronically must be password protected
• a copy should be e-mailed or printed off and posted to the witness for signature and return
• prior to sending any statement via email the accuracy of the email address should be double checked with the witness to avoid any miscommunication and corroborated as far as possible (e.g. sending a simple communication message to confirm before statement is sent). The email address must be personal to the individual and NOT a group email account or accessible by others
• the officer will email the statement for the witness to read, amend, sign electronically and return, via email, direct to the officer
• the witness should be given some guidance when emailing, outlining the following
• the victim/witness must carefully review the content of the statement
• the victim/witness should make any required changes and indicate where they have done so
• the victim/witness must be made aware of the statement of truth declaration and provide their electronic signature under that declaration to confirm the contents are accurate and true as well as at the conclusion of each page
• the witness should be reminded not to save or share the contents of the statement under any circumstance either verbally, electronically or in hard copy
• if the witness cannot make amendments to the statement, then this can be done over video conference or phone with the officer. Any amended version needs to be further signed and the original saved as unused material
• the electronic signature can be done in the following ways:
  • typed version of the witness’s usual signature (name)
  • as a scanned copy of a ‘wet signature’ (if the witness has the facilities to do this)
  • all statements taken by video conference/telephone should state that they have been taken in that format and that the witness has had the opportunity to consider the contents and authenticate it
  • the following is suggested wording that should go at the conclusion of the MG11:

‘This statement was taken by me on (day and date) at (location) commencing at (time) and concluding at (time.) On conclusion (name) read the statement (or I read the statement to [name]) and they were given the opportunity to add or amend anything. There was no other person present during the statement taking (or detail who was present).

Following the completion of the statement, I emailed the statement to (name) and they returned the statement with a recorded endorsement that the statement was true and accurate, in line with the declaration of truth.’

• if the witness cannot read the statement this can read to the witness by another person. This person will then be required to complete a statement clearly stating they have read the statement verbatim to the witness before signing
• if the statement is taken in a foreign language using an interpreter, the same process set out above applies to authenticate the contents of the statement by the witness
• the officer must retain any emails exchanged with the witness and include as relevant unused material
• progress of the case should not be delayed pending receipt of the signed statement

3.7. Statements for charging

• if seeking a charging decision against the Full Code Test the officer must ensure the statement is signed either digitally or by wet signature before the point of charge
• if a decision to charge is to be made under the Threshold Test an unsigned statement is not admissible evidence but can be material capable of being put in an admissible form and presented to the CPS
• Threshold Test decisions can be made on the basis of an unsigned statement only where the following conditions are met:
  • the statement was obtained in circumstances where the integrity of the statement is assured
  • obtaining a signature/electronic signature before charge is not physically possible
  • an electronically signed statement can be supplied to the Crown Prosecution Service within five days of any charging decision
  • the MG3/request for charging advice should clearly identify any unsigned statements. The officer can confirm that the statement has been read to the witness and the contents agreed in principle
  • if unsigned statements are submitted to the CPS, they should be named accordingly with the addition of the word UNSIGNED within the naming convention on Athena

3.8. Withdrawal/retraction statements

There may be any number of reasons why a complainant may seek to withdraw their support from a prosecution, or retract their allegation, but this does not mean that the case will be automatically stopped.

Withdrawal or retraction statements should not be taken remotely.

Pre-charge withdrawal or retraction statements should include full reasons and whether the victim has been influenced. Investigators should consider evidence led prosecutions.

See N26b – Evidence Led Prosecution SOP.

Any withdrawal statement and in particular relating to domestic abuse, should include the full reasons for the withdrawal/retraction, whether the victim has been influenced by the suspect or others and be accompanied by a background report to the CPS from the OIC containing:

• the officer's views on the case, including the veracity of the statement, any suspicions of witness intimidation or pressure (if not already included in the withdrawal statement), and a general assessment of the reasons given by the complainant
• the officer's views on how the case should be dealt with, including proceeding against the complainant's wishes
• how the complainant might react to being compelled to give evidence
• details of any identified risks to the safety of the complainant, children or any other person
• details of the support available to the complainant prior to the allegation being retracted or support withdrawn and whether this was a reason for the change in position(for example, access to an IDVA, YPVA, or other support organisation, or whether the offer of a special measures application was made etc.)
• whether any support organisation assisting the complainant has expressed a view
• the likely impact on the complainant and any children/dependants of proceeding or not proceeding with the case

3.9. Alibi statements

Alibi statements should be considered, planned and obtained with care. Essentially an alibi statement provides evidence that a suspect was not responsible for the particular criminal act. (Examples could include an alibi witness providing evidence that a suspect was elsewhere or maybe that they witnessed someone else carrying out the criminal act in question). It is important to remember that alibi statements also require careful scrutiny and examination.

The elimination criteria used for the most serious of crimes (but can be implemented for all crime types) categorises alibi witnesses accordingly:

• independent alibi witness
• associate or relative alibi witness
• spouse or common law relationship alibi witness

It follows that the degree of reliance that can be placed on alibi elimination depends on the credibility of the person providing the alibi and as such as much information as possible should be sought, particularly in the account and clarification stage.

3.10. Victim Personal Statement (VPS)

A Victim Personal Statement is the opportunity for the victim to tell the criminal justice system about the impact that the crime has had on them, whether physical, emotional, psychological, financial or in any other way.

Note: It is important to make sure that feelings and emotions felt at the time of an incident are articulated within the evidential MG11 if relevant and not omitted due to confusion in relation to the purpose if a VPS.  

Victims of crime must be offered the opportunity to make a VPS. The VPS should be explained before it is recorded. The VPS may take the form of an additional section added to the end of the witness statement, lined off and clearly separate, with its own heading. Alternatively, it may be recorded in a separate statement.

See section 3.2.9. of SOP N15a (delivering the victim code and Witness Charter in Kent) for full detail in relation to VPS.

If a suspect is charged or summonsed, the answers to the following four questions must be recorded on the ‘Additional Information’ section of the MG6:

1. does the victim wish to make a VPS?
2. does the victim wish the VPS to be read in open court?
3. does the victim prefer the VPS to be read aloud by the CPS?
4. does the victim wish to attend court and read aloud the VPS themselves?

 3.11.   Impact Statements for Business (ISB)

• an Impact Statement for Business is the opportunity for businesses that have been victims of crime to set out the impact that a crime has had on the business, whether that be due to direct financial loss or wider implications such as operational disruption and reputational damage
• an opportunity to make an ISB should be offered to all businesses that are making a witness statement in connection with the case. The ISB can also be taken at the same time as the witness statement using an MG11, but it is also available to be downloaded and self-completed by the nominated representative on the gov.uk website. If the witness decides to self-complete, the statement taker should ensure the nominated representative is provided with the contact details so they can post or email this form back to the police
• all businesses and enterprises of any size (including charities, but excluding public sector bodies, their agencies or other subsidiary organisations) should be given the opportunity to make an ISB via a nominated representative who has been authorised to act on behalf of a corporation. The nominated representative must also be in a position to give evidence that is admissible in court about the impact of the crime on the business. The nominated representative may be required to answer questions on the ISB in court
• a copy of the guidelines "Making a Victim Personal Statement" should be given before the ISB is recorded
• full details on how the ISB process works is contained in the Ministry of Justice publication "Making a Victim Personal Statement"

3.12. MG11 form (witnesses)

This has three sections and should be used for all statements taken.

1. section 1 relates to the evidence provided (front) and witness personal details (back)
2. section 2 gives information on VPS and should be handed to witnesses who are also victims
3. section 3 should be handed to all witnesses

3.13. MG11 form (police)

A single page MG11 form will be used for statements made by police officers.

4. Equality Impact Assessment (EIA)

An EIA has been carried out and shows the proposals in this procedure would have little or no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

This SOP has been assessed as low risk.

6. Consultation

The following were asked to consult on this document:

• Witness Care Manager
• Local Divisional Policing
• Human Resources
• Finance
• IT Security
• Estates
• Health and Safety
• Legal
• Freedom of Information

7. Monitoring and review

7.1 This SOP will be monitored by the policy owner who has strategic oversight of evidential capture issues. Adherence to this SOP should form part of any operational standards regime.

7.2. This SOP will be reviewed yearly with the next review scheduled for March 2024.

8. Security

Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy.

9. Retention and Disposal of Records

Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.

10. Governing force policy

Related force policies or related procedures (Essex)/linked standard operating procedures (Kent)

• N15 - Police response to victims 

11. Other source documents, e.g. legislation, APP, force forms, partnership agreements (if applicable)

None listed.