defence statements

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 A defence statement is generally required in most Criminal Cases.  It is a document prepared by the defence in a criminal case, outlining the defence version of events, details of any legal principles that will be raised, the issues that are taken with the prosecution version of events and forms the basis of further disclosure applications.

The defence statement has a number of purposes and it is important to understand the purpose that is fundamental to you.  Firstly, you are required to tell the Court and the Prosecution what the real issues are in the case.  This prevents you from ambushing the prosecution at trial.  This is the fundamental purpose in so far as the Court and the prosecution are concerned.  Whilst you may not want to tell the prosecution everything about your defence, you should provide sufficient information so that you cannot be accused of an ambush at trial.  This includes providing details of any alibi witnesses.

The fundamental issue for you might be disclosure.  Your defence statement should be drafted in such a way to trigger the disclosure that you are seeking.  

Consistency is Crucial: Try to ensure that your defence statement accurately reflects your case from the beginning to avoid negative consequences.   Your credibility (how trustworthy you appear) is crucial in court. Changing your story can make you look unreliable, which can hurt your case. 

If your defence statement differs from your court testimony or other evidence you present later, the jury might be told to consider why you changed your story. They might think you’re being dishonest or trying to hide something. 

If there are changes to your defence, inform your lawyer as soon as possible. They can update the defence statement before the trial, which is generally more acceptable than changing your story during the trial. 

If your defence statement is deemed inadequate you can be required to serve another one or an amended on to clarify any points.