Instructions for preparing a witness statement
These instructions are to help you prepare a written statement. It is not legal advice.
For a sample, see
Sample defendant witness statement.
If you need more help, get legal advice.
Any information you give to the court should be true. If you give false information to the court you can be charged by the police. If you want to change the information that you have given to the court, you should get
legal advice.
If you are worried that by writing something in your statement you might be admitting to a criminal offence, you should get
legal advice.
Layout and headings
There is no set form for a witness statement, however, you should write your statement in a clear and logical way. You should also write the statement using your own words.
When setting out your statement is a good idea to:
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use white A4 paper
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type if possible, or use neat, clear handwriting in black or blue pen
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use only one side of the paper
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write the name of the person making the statement at the top of the page
For example:
Statement of Gary Smith
Introduction
There are certain things that you should include in your statement. You should write your:
- name
- address
- age and;
- occupation
For example:
I, Gary Smith, of 47 Wensleydale Avenue, Greenacre, born 7 February 1971, unemployed, state:
OR
I, Gary Smith, of 47 Wensleydale Avenue, Greenacre, aged 41, unemployed, state:
Contents
You should then include the details you want the court to consider. You can do this by using:
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short, numbered paragraphs, or
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a question and answer format.
The statement should include:
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information about you and the protected person
- the name of the protected person
- the address of the protected person, if known
- the date of birth of the protected person, if known
- the relationship between you and the protected person, for example, neighbour or de facto spouse
- how long you have been in the relationship, if applicable
- the names and dates of birth of any children you and the protected person have together or who live with you
- whether any AVOs or other orders have been made in the past to protect you from the protected person
- whether the protected person has ever been charged or convicted of any domestic violence offences
- whether there is a family law court case between you and the protected person
- whether there are any family law orders in place
- whether the Department of Communities and Justice (DCJ) is or has been involved
- whether you and the protected person have any arrangements for you to spend time with your children.
- whether there has been any violence or threats towards you and/or your children in the past
- any recent incidents, including places, dates, what you saw, heard, said and did
- details of any reports or statements made to the police, including any event numbers
- details of any doctors reports or treatment by a doctor or hospital relating to any injuries caused by the protected person
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other useful information
- the protected person's use of alcohol or drugs, if known
- the protected person's access to firearms or other weapons, if known
- whether there are any mental health issues
- details of any attempts by the protected person to contact you or communicate with you
- your response to the information in the applicant or protected persons statement
- if you disagree with anything that is said
- if you believe something is false
- correct anything you say is wrong
- explain your version of what you say happened
- information about how you feel about the AVO application
- if you think that the protected person does not fear you and why
- if you believe that the protected person does not have a reason to fear for his or her safety and why
- if you believe that the protected person has a motive for the application, for example retaliation.
If you write about a conversation you should:
- use the exact words that the person said, including swear words
- set out conversations in speech marks as accurately as possible. If you cannot remember exactly what was said you should add the phrase "words to the effect of".
For example:
I walked over to Elizabeth and said "You need to start pulling your weight around here". She said "Why should I? You're the one who doesn't work!"
OR
I walked over to Elizabeth and said "You need to start pulling your weight around here". She said words to the effect of, "Why should I? You're the one who doesn't work!"
Signing the statement
You must finish the statement by stating that everything you have written is the truth, for example:
This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.
You then need to sign and date the statement, for example:
Signed: G. Smith
Dated: 17 December 2010
You must also have a witness sign and date the statement, for example:
Signed: B. Kolik
Dated: 17 December 2010