doing a witness statement from a victim

[falkor]

ok we have already got a thread on doing YOUR OWN witness statement we're not talking about that

the question is, do you take a witness statement from a VICTIM, or a witness to a crime? is that done by a PCSO? or is it CID to do that? response unit? Neighbour Police PC? who does it and if it's a PCSO job is it easy? or quite a hard job?

[Bert Moffat]

It's always easy when you know how.

[ninjamonk]

I do Loads of victim complaint statements I.e shoplifting ,criminal damage, etc etc but no witnesses statements for assaults or burglaries etc as that is all done by NBM or response and CID. Although I would be more than happy to do it as practice makes perfect. but alas we are not allowed to as its not our remit so i have been told many times

[powdermonkey]

In my force it's a police officer's job. I did my own statements in SOCO so could do my own in this job. Based on that, I'm pretty confident I could take a statement from someone else.

[falkor]

If you do take a statement from someone else don't fall into the trap of thinking that you're just doing an MG11, you're not! We have a legal obligation to offer every victim that we’re taking a witness statement from the opportunity to give a Victim Personal Statement (VPS) or an Impact Statement for Businesses (ISB) as well.

You must ask the victim whether or not they would like to read relevant parts of their VPS out in court or have it read aloud on their behalf if the defendant is found guilty. If you don't make the victim aware of the opportunity to give a Victim Personal Statement (VPS) or an Impact Statement for Businesses (ISB) you could quite easily end up criticised and accused of breaking our legal obligation to offer every victim a VPS. You should make a note in your Pocket Note Book that you took the MG11 and you offered a VPS, the reply was ……

[the dark lord]

We take first accounts which are basically statements but in the form of a notebook entry, but are worded the same.

I write all my own statements, other PCSOs do not.

[Big Brother]

I have taken some statements for some very basic offences, but generally we aren't supposed to. I only do them because of the role I'm in.

[ninjamonk]

It's crazy why PCSO's are not allowed to do witness statements even 5 part statements. You don't have to even have police powers. It cant be the reason we are "PCSO's" as there were civi investigators that were employed to do just that. It makes sense that we as PCSO's conduct witnesses statements especially in our communities. By doing statements it gives more time to response officers to respond.

[falkor]

yeah but then we get people like Police Oracle going on about PCSOs having mission creep and stuff like that

anyway at the risk of boring you all to death

(one last time) if you take an MG11 from a victim .....

You must:
1) Provide victims (or close bereaved relatives) with information about the VPS and explain that it is a statement made by victims in their own words to explain how a crime has affected them. The police should inform the victim about what should and should not be included in the VPS. The statement should be taken on an MG-11 form.
2) Explain that the VPS is optional – no one has to make a VPS if they do not want to and it will not affect how the case is investigated. No pressure should be put on the victim to do this.
3) Explain that the victim can express a preference as to whether or not they would like to read their VPS aloud (or have it played if recorded) or have it read out on their behalf (usually by a CPS prosecutor) in court if the defendant is found guilty during the trial. You should also explain that the decision on whether or not the victim is able to read out all or part of their VPS is at the discretion of the court. You should record the victim’s preference.
4) Explain that the statement will still be considered by the court as far as it considers appropriate when sentencing an offender whether or not the victim chooses to read their VPS aloud or have it read aloud on their behalf

has anybody actually done this??