Annex D: Written statements under caution

1. A person shall always be invited to write down what they want tosay.

2. A person who has not been charged with, or informed they may be prosecuted for, any offence to which the statement they want to write relates, shall:

(a) unless the statement is made at a time when the restriction on drawing adverse inferences from silence applies, see Annex C, be asked to write out and sign the following before writing what they want to say:

‘I make this statement of my own free will. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’;

(b) if the statement is made at a time when the restriction on drawing adverse inferences from silence applies, be asked to write out and sign the following before writing what they want to say;

‘I make this statement of my own free will. I understand that I do not have to say anything. This statement may be given in evidence.’

3. When a person, on the occasion of being charged with or informed they may be prosecuted for any offence, asks to make a statement which relates to any such offence and wants to write it they shall:

(a) unless the restriction on drawing adverse inferences from silence, see Annex C, applied when they were so charged or informed they may be prosecuted, be asked to write out and sign the following before writing what they want tosay:

‘I make this statement of my own free will. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’;

(b) if the restriction on drawing adverse inferences from silence applied when they were so charged or informed they may be prosecuted, be asked to write out and sign the following before writing what they want to say:

‘I make this statement of my own free will. I understand that I do not have to say anything. This statement may be given in evidence.’

4. When a person who has already been charged with or informed they may be prosecuted for any offence, asks to make a statement which relates to any such offence and wants to write it they shall be asked to write out and sign the following before writing what they want to say:

‘I make this statement of my own free will. I understand that I do not have to say anything. This statement may be given in evidence.’;

5. Any person writing their own statement shall be allowed to do so without any prompting except a police officer or other police staff may indicate to them which matters are material or question any ambiguity in the statement.

6. If a person says they would like someone to write the statement for them, a police officer, or other police staff shall write the statement.

7. If the person has not been charged with, or informed they may be prosecuted for, any offence to which the statement they want to make relates they shall, before starting, be asked to sign, or make their mark, to the following:

(a) unless the statement is made at a time when the restriction on drawing adverse inferences from silence applies, see Annex C:

‘I,………………………….. , wish to make a statement. I want someone to write down what I

say. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’;

(b) if the statement is made at a time when the restriction on drawing adverse inferences from silence applies:

‘I,………………………….. , wish to make a statement. I want someone to write down what I

say. I understand that I do not have to say anything. This statement may be given in evidence.’

8. If, on the occasion of being charged with or informed they may be prosecuted for any offence, the person asks to make a statement which relates to any such offence they shall before starting be asked to sign, or make their mark to, thefollowing:

(a) unless the restriction on drawing adverse inferences from silence applied, see Annex C, when they were so charged or informed they may be prosecuted:

‘I,…………………………. , wish to make a statement. I want someone to write down what I

say. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’;

(b) if the restriction on drawing adverse inferences from silence applied when they were so charged or informed they may be prosecuted:

‘I, ………………………, wish to make a statement. I want someone to write down what I say. I understand that I do not have to say anything. This statement may be given in evidence.’

9. If, having already been charged with or informed they may be prosecuted for any offence, a person asks to make a statement which relates to any such offence they shall before starting, be asked to sign, or make their mark to:

‘I,…………………………. , wish to make a statement. I want someone to write down what I say. I understand that I do not have to say anything. This statement may be given in evidence.’

10. The person writing the statement must take down the exact words spoken by the person making it and must not edit or paraphrase it. Any questions that are necessary, e.g. to make it more intelligible, and the answers given must be recorded at the same time on the statement form.

11. When the writing of a statement is finished the person making it shall be asked to read it and to make any corrections, alterations or additions they want. When they have finished reading they shall be asked to write and sign or make their mark on the following certificate at the end of the statement:

‘I have read the above statement, and I have been able to correct, alter or add anything I wish. This statement is true. I have made it of my own free will.’

12. If the person making the statement cannot read, or refuses to read it, or to write the above mentioned certificate at the end of it or to sign it, the person taking the statement shall read it to them and ask them if they would like to correct, alter or add anything and to put their signature or make their mark at the end. The person taking the statement shall certify on the statement itself what has occurred.