12/20/2023 0 Comments Employee witness statement formIn most cases, witnesses will be willing to cooperate with your investigation. You should also ensure that the witness understands the perjury declaration ( see above) contained in a s9 statement before signing.ġ1. You should ensure that the witness has the opportunity to check the contents of the statement and make any corrections before s/he signs it. The statement may be handwritten or typed. If they do, their evidence should be recorded on an LP70. The witness should be asked if s/he agrees to give you a voluntary statement. When you take a statement from a witness, you should, wherever possible, take a statement under section 9 CJA as there are limitations on how a compelled (s20) statement can be used in legal proceedings.ġ0. What type of statement should you take?ĩ. Answers given by a person compelled to answer your questions are not admissible against that person or their spouse or civil partner (section 20(7) HSWA, as amended). It is essential that you make it clear to the witness that you are using your compulsory powers before asking any questions.Ĩ. You should only record the information provided to you by the witness, ie the answers given. The witness must sign the declaration of truth. Information obtained using this power should be recorded in the form of a statement using form LP7 and, if required, the continuation form LP8. Section 20(2)(j) HSWA gives you the power to require any person whom you have reasonable cause to believe will be able to provide information relevant to your examination or investigation, to answer such questions as you think fit to ask and to sign a declaration of the truth of the answers.ħ. If the witness statement refers to any document as an exhibit, a copy of the document should be served at the same time as the statement.Ĭompelled statements taken under section 20(2)(j) HSWAĦ.If the witness cannot read the statement, you should read the statement to them before they sign it and sign a declaration that you have done so.
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