R v Hawkins (No 4)

In the case of R v Hawkins (No 4), the accused was on trial for an alleged offence. The prosecution sought to have a witness, who had difficulty remembering the details of the event, refresh their memory in court by referring to a statement they had previously made to the police. The statement had been made shortly after the event and was sought to be used to assist the witness in recalling the details of the incident. The central legal issue before the court was whether it was appropriate to allow the witness to revive their memory by reference to the prior statement, and if so, under what conditions. The court considered the circumstances in which the statement had been made, the accuracy of the account provided in the statement, and whether the witness was experiencing difficulty in recollecting the events. The court found that, given the immediacy of the statement and its apparent accuracy, it was appropriate to allow the witness to refresh their memory in this way.

The court acknowledged the importance of ensuring that witnesses provide accurate and reliable evidence, while also recognising that memory can be fallible, particularly in the context of traumatic or stressful events. The court concluded that where a witness had difficulty recalling events and a prior statement had been made that was both accurate and made proximate to the event, it was appropriate to allow the witness to refresh their memory by reference to that statement. The court emphasised that such a process should be used sparingly and with caution, and that the witness should be reminded of the importance of providing truthful and accurate evidence. The court also noted that the statement itself would not be admissible as evidence, but could only be used to assist the witness in recalling the events. The court's decision in this case provides guidance for practitioners on the appropriate use of prior statements to assist witnesses in refreshing their memory in court.