A reliable account begins with careful listening
When an incident or disputed event needs examining, the people involved may hold different parts of the picture. A useful witness account records what the person saw, heard or did, and distinguishes this from what they later learned from someone else. PDC assists with gathering and recording witness accounts as part of an agreed investigation.
The aim is accuracy, not a statement that simply supports the client's preferred explanation. A witness should be able to describe uncertainty, correct an earlier recollection and explain the limits of their knowledge. Those distinctions help your advisers understand the strengths and weaknesses of the evidence.
Prepare the interview properly
We discuss the event, the questions requiring clarification and the intended use of the account. Your solicitor can identify any requirements for a formal statement and the appropriate format. For internal business matters, agree the relationship with the organisation's HR or legal process before interviews begin.
- Identify the relevant witnesses and what each may know directly.
- Provide a neutral chronology and relevant documents without scripting an answer.
- Explain existing interviews, notes or statements so differences can be understood.
- Agree contact arrangements, practical support and the intended recipients of the account.
Keep recollection separate from interpretation
Events are rarely remembered in perfect sequence. Dates can be checked against records, and a document may help a witness explain an event, but it is important to record the basis for their recollection. Avoid asking witnesses to coordinate their accounts or filling gaps with what someone else believes happened.
If you are making your own initial note, use plain language, record the date and describe how you know each fact. Preserve earlier notes rather than rewriting them to appear more certain. Tell the interviewer about relevant records even where they do not support your original concern.
An account for the right purpose
The agreed output may be an interview record or a statement prepared for review in the relevant matter. The witness should have an opportunity to check that their account has been captured accurately. Your legal adviser should review any formal requirements before the material is used in proceedings.
No statement can guarantee a particular decision or make a disputed event incontestable. What careful preparation can provide is a clear, attributable account that allows the evidence to be assessed fairly.
Questions you may have
Can you make a reluctant person give a statement?
PDC does not have police or court powers to compel an interview. Explain the circumstances so the appropriate approach can be discussed with your legal adviser.
Can a statement be taken after time has passed?
Often, but delay can affect recollection. Contemporary notes and records may help establish what is remembered and what is inferred from later information.
Will the statement be suitable for court?
That depends on the matter and its procedural requirements. Tell us the intended use and involve your solicitor so format, content and verification can be addressed appropriately.