Yesterday I posted about not being able to get copies of my own
witness statements prior to a trial. I got some good advice from NG
members, and encouraged by this, I tried again this morning, but got
knocked back again - but this time they're invoking the Data
Protection Act, something the didn't even mention when I first tried
to get these copies.

I inadvertantly deleted my original post, leaving just the replies, so
I'll recap what this is about.

Briefly, someone who's been harassing me over a long period is being
taken to court, and I'm being called as a witness.

Because I made quite a few statements, over a long period, I've
forgotten exactly what happened and when, so I need to see my
statements to refresh my memory. I've been told I can only see them on
the day of the trial, but by then I'll be so nervous at the prospect
of the trial itself, I doubt if I'll be able to concentrate enough to
remember anything I read.

For this reason, I rang the witness care unit and asked to have copies
sent to me ahead of the day, and was refused: "we can't post them to
you in case they fall into the wrong hands". So I offered to pick them
up personally - again, refused. So I asked to come and read them ahead
of the day, taking nothing away - again, refused.

When I posted last night, there seemed to be general agreement that I
had a right to have copies of my own witness statements before the day
of the trial, so I've been pursuing the matter, only to come up
against a brick wall.

I phoned the witness care unit again this morning, and spoke to its
head person, but this time I was refused on completely different
grounds: the Date Protection Act. She told me that the DPA would not
allow them to post out such confidential material, because it might
get into the wrong hands.

I (wearily) repeated what I'd said the previous day - "in that case I
could call for them personally". That got me nowhere - it would still
breach the DPA, she said. "You might show them to people, or talk
about them, and that might prejudice the trial". It was only later
that I realised that this was something of a red herring: surely, I
could have told all and sundry about what I'd said in those statements
as soon as I'd made those statements. Or I could have made notes about
what I'd put in each statement, as soon as possible after I'd made
it.  Wouldn't these things prejudice a trial equally well?

"So what if I called in and read the statements a few days ahead of
the trial, and took nothing away?" No, that wouldn't be allowed
either.

I pointed out that the defendant's solicitor was allowed to have
copies, and would it be contrary to the Data Protection Act if the
defendant asked his solicitor to see them? To that I just got a lot of
um's and er's.

>From that I got the impression that the defendant probably WILL get to
see them ahead of the trial if he wants to, but I, the victim of the
crime, cannot.

I told her the reason I wanted copies was a perfectly reasonable one,
namely, that on the day itself I'd probably be too wound-up to make
sense of them. To that I just got "Well, we can have someone take you
around the courtroom, to help familiarise you to your surroundings..."
Which of course misses the obvious fact that people are nervous about
trials not because of the courtroom, but because of what goes on in it
- it's the cross-examination they're mainly worried about.

I asked her if I'd have been allowed a copy of each statement if I'd
asked the police officer at the time I made it: I got "No, they don't
usually do that". By that time I felt I was banging my head against a
brick wall.

She eventually said that if I made a written request, she'd put the
matter to 'their data protection people', and added "there may be a
charge involved" - but woudn't say what that charge would be.

I told her I'd be taking the matter up with my MP, but she just said I
could do so if I wanted to.

As before, I'd be very grateful for any advice I can get from people
here. It does seem crazy that the Data Protection Act is being invoked
to prevent me from seeing words that *I myself* dictated.

Any advice will be most welcome.

wrote in message 
news:1195063532.123202.132950@d55g2000hsg.googlegroups.com...
> Yesterday I posted about not being able to get copies of my own
> witness statements prior to a trial. I got some good advice from NG
> members, and encouraged by this, I tried again this morning, but got
> knocked back again - but this time they're invoking the Data
> Protection Act, something the didn't even mention when I first tried
> to get these copies.

This is the last resort of a secretive scoundrel.  Obviously it does not 
apply to your own statement!


>
> I inadvertantly deleted my original post, leaving just the replies, so
> I'll recap what this is about.
>

>
> I asked her if I'd have been allowed a copy of each statement if I'd
> asked the police officer at the time I made it: I got "No, they don't
> usually do that". By that time I felt I was banging my head against a
> brick wall.

Well they don't normally, but they usually quickly agree if otherwise they 
won't get one.

You could also give a statement via a solicitor (wise if there might as in 
this case be counter allageations) or write one out yourself using a blank 
one as a template.

>
> She eventually said that if I made a written request, she'd put the
> matter to 'their data protection people', and added "there may be a
> charge involved" - but woudn't say what that charge would be.

£10 max, but this is irrelevane.

>
> I told her I'd be taking the matter up with my MP, but she just said I
> could do so if I wanted to.

S/he will need to move quickly.

>
> As before, I'd be very grateful for any advice I can get from people
> here. It does seem crazy that the Data Protection Act is being invoked
> to prevent me from seeing words that *I myself* dictated.
>
> Any advice will be most welcome.
>

The CPS is probably trying to prevent you rehearsing your evidence.  There 
are quite strict procedural rules about this, and it is probably falling 
foul of these that they are worried about.

You could always suggest that you will seek an adjournment for week after 
you seek the statements.

> You could always suggest that you will seek an adjournment for week after
> you seek the statements.

He can seek what he likes - he won't get it.

This is getting tiresome. Wait till the day of the  trial and read the 
statement then. You may (with the permission of the court) be allowed to 
refer to it, but you may not read it out. Your oral evidence is what counts. 
Tell the truth as you best remember it and answer cross examination frankly. 
You have nothing to fear and this is fuss about nothing. You will have been 
offered Witness Suport. Talk to them.

"Bystander"  wrote in message 
news:bLqdnZEd48g10abaRVnyhQA@pipex.net...
> This is getting tiresome. Wait till the day of the  trial and read the 
> statement then. You may (with the permission of the court) be allowed to 
> refer to it, but you may not read it out. Your oral evidence is what 
> counts. Tell the truth as you best remember it and answer cross 
> examination frankly. You have nothing to fear and this is fuss about 
> nothing. You will have been offered Witness Suport. Talk to them.
>
>
Bystander

I think your impatiance in this matter is showing you in a bad light , you 
are not coming across as
being in anyway smpathetic to the victims needs in this case , who is 
clealry like most of us who have spent
NIL or very little time in a court room ,............. terrified

You live in  court  on a daily basis and likely dealing day in day out with 
chavs who spend nealry as much
 time as you in the courtroom , stop an think of the Op as an individual , i 
can sympathise
wholeheartldy with this guy ,to be expected to rememebr words said in heat 
of the moment ...
possibly years ago , and be fearful of making the casefall apart due to lack 
of memory ... if the
defendant is found not guilty due to Ops inabilty to rememebr or speak 
coherantly and effectievly
will the harrassment not contimue by this person in and possibly become 
worse as they have got away
with it . ?????????

Your likely basing you answer alo on your abilty to see the wood from the 
trees / your abilty
to see the lies from the truth / your abilty to spot genune reactions 
against rehearsed answers
but i am sure that abilty varies hugely amongest benches and the OP wont be 
aware of
your abilities . Knowing this wont stop him having sleepless nights and 
constant tension
about this matter in the lead up to the case , being able to see his 
responses at the time
and give consideration to his answers in advance LIKE THE ACCUSED CAN , 
shall

Personally im disgusted to hear here  your not entitled to yuor own 
statements yet the defendant
is , it seesm "the system" is biased towards the defendant on a very key 
matter ,i m amazed
this hasnt been challanged and hope the Op decides to challange and gain as 
much publicity
as possible for this unfair system . its unlikely though as clealry th Op is 
of a nervous disposition
and unlikely to seek publicity

This is likely one case where Human rights legislation might actually be 
worthwhile invoking

This is patently unfair anfd i hope the OP somehow makes the CPS see sense
without the extr sense of  all this nonsense , if fact OP , make th law work 
for you in this
case , sue th hell out of them for stress !

PAUL