Can children give witness statements?

Can children give witness statements?

There is no lower age limit in relation to giving evidence, but prosecutors should be satisfied that the child will be able to give understandable evidence – all witnesses have to be able to understand questions and be able to give replies that can be understood as set out in section 53 of the Youth Justice and …

Do I have to give a statement to the police NSW?

Generally, no, you do not have to. There is no legal obligation to report crime or provide information to the Police, unless it is in relation to a very serious offence.

What happens if you give police a statement?

If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station. The police realise that talking about what you have witnessed can be a difficult experience. If you find making your statement distressing, you can ask for a break at any time.

Can children give police statements?

Your child’s written or video-recorded statement may be enough and they may not have to appear in court at all. This is usually true in cases where the accused has pleaded guilty. They will probably have to go to court if the defendant pleads not guilty or denies an important part of the charge.

Can a child be interviewed alone?

A. Yes. The social worker will want to speak to your child alone, but they should ask you before they do so (unless there are exceptional circumstances, for example they are concerned that you might threaten your child or try to make your child stay silent, or your child doesn’t want you involved).

Can you refuse to give a police statement?

Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.

Can you retract police statement?

The police might try and talk you out of it. If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.

What age can a child be interviewed by police?

From the age of 10 years, a child can be arrested and interviewed by the police, or asked to attend a voluntary interview. The law requires that children have an appropriate adult with them.

Do I have to give my details to a police officer?

5. You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.