Refreshing Memory

Question 1

Q: Can police officers look at their PNB to refresh their memory?

Answer 1

Yes!

Question 2

Q: What is the law on refreshing the memory on documents and transcripts for witnesses?

Answer 2

s139 CJA 2009 provides for the use of documents and transcripts by witnesses to refresh their memory.
(1) A person giving oral evidence in criminal proceedings about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—
(a) he states in his oral evidence that the document records his recollection of the matter at that earlier time, and
(b) his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.

Question 3

Q: What does a ‘document’ mean?

Answer 3

For the purposes of s. 139, a ‘document means anything in which information of any description is recorded, but not including any recording of sounds of moving images’ (s. 140).
Under common law a document includes a tape recording- Bailey 2001.
In the case of video recordings, witnesses are entitled to and should view the interview before trial to refresh their memory but not immediately before giving evidence- R v R 2010