1. The purpose of this Protocol is:
- To explain clearly how the Inquiry will obtain written statements during its investigations;
- To set out what is expected of witnesses responding to requests for written statements; and
- To explain how the Inquiry can assist with the preparation of written statements.
2. For the purposes of this Protocol, a witness is any person from whom the Inquiry takes, or proposes to take, a written statement. A witness may or may not be a Core Participant and may or may not also be asked to give oral evidence at an Inquiry hearing. Witnesses will only be asked to provide evidence about matters falling within the scope of the Inquiry’s Terms of Reference.
3. The Inquiry’s principal objective is to ensure that every potential witness engaging with the Inquiry is able to provide evidence to the best of their ability.
4. This Protocol is not intended to cover every eventuality or procedural issue that may arise. Where an issue is not covered, the Chair may give directions or make such other procedural decisions as are appropriate, acting fairly and having regard to the need to avoid unnecessary cost.
Requests for Written Statements
5. The Inquiry welcomes approaches from any person, organisation or other body that believes it may be able to provide evidence likely to assist the Chair in addressing the Terms of Reference. This includes those who have previously contacted the Inquiry, responded to the call for evidence or have not yet come forward. The Inquiry may also contact people or organisations identified as potentially relevant during its investigations.
6. Individuals approaching the Inquiry who believe they have information or evidence relevant to the Inquiry’s Terms of Reference will be asked to complete a Witness Registration and Evidence Form to help the Inquiry to understand the nature of their evidence and to determine whether a witness statement is required. The Inquiry Legal Team may be able to provide assistance or make alternative arrangements where a person is unable to complete the form.
7. Where the Inquiry proposes to take evidence from an identified witness, it will send that person a written request in accordance with Rule 9 of the Inquiry Rules 2006. A request for a written statement is referred to in this Protocol as a “Rule 9 Request”.
8. Rule 9 Requests will be issued in writing by the Inquiry Legal Team on behalf of the Chair. They will be sent directly to a witness, unless they have appointed a qualified lawyer to act on their behalf and the Chair has designated the lawyer as that witness’s Recognised Legal Representative (RLR). In those circumstances, the Rule 9 Request will be sent to the RLR.
9. Each Rule 9 Request for a written statement will describe clearly, in sequentially numbered paragraphs, the matters or issues to be covered. It will specify the date by which the Inquiry asks the witness to respond and may also request relevant documents or other material.
10. In some circumstances, the Rule 9 Request may ask the witness to submit an unsigned draft statement in the first instance. After reviewing the draft, the Inquiry will either:
- Confirm that no clarification or further information is required and ask the witness to sign and return the statement in final form; or
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Issue a further Rule 9 Request identifying:
- any matters requiring clarification; and/or
- any areas in which further evidence is requested; and
- the date by which a final written statement must be submitted.
11. Where the Rule 9 Request does not ask for an unsigned draft, the witness must submit a final signed statement containing a Statement of Truth.
12. If further questions or matters requiring clarification arise during the Inquiry’s investigations, the Inquiry may issue an additional Rule 9 Request to the same witness.
Responding to a Rule 9 Request
13. If a witness does not answer a question in the Rule 9 Request, their statement or accompanying schedule must explain briefly why the question has not been answered.
14. Written statements must address matters relevant to the Inquiry’s Terms of Reference and should be clear and easy to read. Even where a witness receives assistance in preparing a statement, it must accurately reflect the witness’s own evidence and be expressed in the witness’s own words. The witness must review and approve the statement before it is submitted to the Inquiry.
15. Written statements should comply with Annex A unless the Inquiry has agreed a different format or approach with the witness.
16. A final written statement must be signed by the witness using their real name, unless the Inquiry directs otherwise. Where anonymity has been granted, the Inquiry will replace the witness’s real name with the applicable pseudonym or cipher before disclosure or publication, as appropriate.
17. A witness who requires an extension of the deadline for responding to a Rule 9 Request must apply in writing to the Solicitor to the Inquiry as soon as possible and, wherever possible, before the deadline expires. The application must explain why the extension is required. The Inquiry may extend the deadline where there is a good reason to do so.
18. A witness who is unable to comply with a Rule 9 Request for any other reason must notify the Solicitor to the Inquiry as soon as possible, explain the reason and provide any relevant supporting information or documents that are reasonably available. The Inquiry may vary or withdraw the request where there is a good reason to do so.
19. Importantly, a witness cannot withdraw or change their statement once it has been signed. However, a witness may make a further statement, voluntarily, to correct or supplement something previously said.
Assistance from the Inquiry Legal Team
20. A witness may draft their own written statement or seek assistance from a lawyer or from the Inquiry Legal Team.
21. The Inquiry recognises that some people may be unfamiliar with preparing a written statement and that the process may be challenging. The Inquiry Legal Team will seek to help witnesses provide their evidence to the best of their ability.
22. The Inquiry will take a flexible approach and, so far as reasonably practicable, adapt the statement-taking process to meet a witness’s individual needs. For example, where the Chair considers that a witness requires additional support or an alternative approach, the Chair may direct that a member of the Inquiry Legal Team obtain the witness’s account by interview. Further details can be found in the Inquiry’s Vulnerable Witness Protocol and the Inquiry Listening Event Protocol.
23. A witness who requires assistance in responding to a Rule 9 Request should contact the Inquiry team as soon as possible. The Inquiry Legal Team may assist the witness to prepare a statement that accurately reflects the witness’s own evidence, but it cannot give the witness legal advice.
24. A witness who wishes to obtain independent legal advice may find a solicitor through the Law Society’s “Find a Solicitor” service. In some circumstances, the Chair may make an award of legal expenses to assist a witness in providing evidence. Any award is subject to the applicable Inquiry’s Protocol on Legal Costs and the Chair’s determination.
25. If, for any reason, a witness is unable to produce a written statement and would like to discuss providing evidence in a different format they should contact the Inquiry as soon as possible. They can do so by email at info@orgreave.public-inquiry.uk, or by post – Freepost ORGREAVE INQUIRY. When using the Freepost address, “ORGREAVE INQUIRY” must be written in uppercase.
Failing to Comply with a Rule 9 Request
26. he Chair expects every witness who receives a Rule 9 Request to cooperate voluntarily with the Inquiry and to provide a written statement by the specified deadline.
27. However, if a Rule 9 Request for a written statement is ignored or refused, or where a response appears to the Chair to be incomplete or insufficient, the Chair may decide to exercise the powers under section 21 of the Inquiries Act 2005 by issuing a notice requiring evidence or documents to be provided (a Section 21 Notice).
28. A Section 21 Notice may require the witness to whom the initial Rule 9 Request was made to:
- give evidence, including by providing a written statement;
- produce relevant documents in their custody or under their control; and/or
- produce any other relevant thing in their custody or under their control for inspection, examination, or testing.
29. The Inquiry also offers independent, free, and confidential emotional support to witnesses in connection with their engagement with the Inquiry. Further information about the support available can be found in the Support section of the Inquiry’s website. Using the service will not affect how the Inquiry considers the witness’s evidence.
30. A person who receives a Section 21 Notice may claim under section 21(4) of the Inquiries Act 2005 that they are unable to comply, or that it is not reasonable in all the circumstances to require them to comply. The Notice will explain how to make such a claim. The recipient must submit the claim in writing as soon as possible, setting out the reasons and any supporting information. The Chair will determine the claim and may revoke or vary the Notice.
31. Failure, without reasonable excuse, to comply with a Section 21 Notice may constitute an offence under section 35 of the Inquiries Act 2005. #
32. In some circumstances, a witness may ask the Chair to issue a Section 21 Notice, for example where the witness considers that a compulsory notice is necessary before they can provide particularly sensitive information or documents. The witness must make the request as soon as possible after receiving the Rule 9 Request and explain why a Notice is sought. The Chair will decide whether it is appropriate to issue a Notice.
33. The issue of a Section 21 Notice does not determine whether information will subsequently be disclosed or published. Questions about redaction, anonymity, restriction orders and the handling of personal data will be considered separately under the applicable law and Inquiry protocols.
The Handling of Witness Statements by the Inquiry
34. All final written statements and exhibits will be uploaded to the Inquiry’s secure document management platform and assigned unique identifiers for tracking and reference.
35. Hard-copy statements and exhibits will be scanned and uploaded to the Inquiry’s document management platform. Where the Inquiry is satisfied that the scan is complete, legible and sufficient for its purposes, and there is no issue concerning authenticity or evidential value, the original will normally be returned to the witness. Otherwise, the Inquiry may retain the original for as long as it is required for the Inquiry’s functions, subject to its records-management and retention arrangements. The witness will be informed where an original is to be retained.
36. While the Inquiry is committed to conducting its work as openly and transparently as possible, personal data and other sensitive information must be handled carefully and in accordance with applicable law. Written statements, exhibits and other information provided to the Inquiry may be disclosed to Core Participants, used at a hearing or published on the Inquiry’s website where this is considered necessary and appropriate for the discharge of the Inquiry’s functions, and where it is lawful and proportionate to do so. Appropriate redactions and other safeguards will be applied where required, including in accordance with any restriction orders, confidentiality requirements or other legal protections. Further information is available in the Inquiry’s Protocol on Redaction, Anonymity and Restriction Orders and its Privacy Notice.
37. Where the Inquiry discloses material to a Core Participant on a confidential or restricted basis, the recipient will be required to give a confidentiality undertaking. The material must not be used or disclosed contrary to the terms of the undertaking. The undertaking will continue to apply unless and until the Inquiry releases the recipient from it or the material is made public in accordance with the Inquiry’s procedures.
38. The Inquiry will process personal data in accordance with the UK GDPR, the Data Protection Act 2018 and its published privacy information. The Privacy Notice explains why the Inquiry processes personal data, how it may use and disclose that data, how long it may be retained and the rights available to individuals.
Point of Contact
39. If you have any queries about this Protocol, you can contact the Inquiry by email at info@orgreave.public-inquiry.uk or by post at Freepost ORGREAVE INQUIRY. When using the Freepost address, “ORGREAVE INQUIRY” must be written in uppercase.
Review
40. The Inquiry will keep this Protocol under review to ensure that it remains up to date and reflects the needs and practices of the Inquiry. The Protocol will also be reviewed where changes in legislation may require alterations to relevant policy or practice. Any amendments must be reviewed and approved by the Chair. The updated Protocol will then be published on the Inquiry’s website at the earliest opportunity.
Annex A- Format of Written Statements
Unless the Inquiry agrees otherwise, written statements must comply with the requirements in this Annex. A witness who is unable to comply with a requirement must contact the Inquiry as soon as possible so that an appropriate alternative or reasonable adjustment can be considered.
Written Statement Requirements
Written statements submitted to the Inquiry, whether in draft or final form, should be provided electronically where possible.
Unless the Inquiry agrees otherwise, written statements must also comply with the following requirements:
1. Typed or, where a witness does not have a Recognised Legal Representative (RLR), clear handwritten format.
2. The statement must use an easily legible font in a size of at least 11 points, with line spacing of 1.5 or double spacing.
3. The statement should use standard page margins and should contain sufficient space in the header and footer for page numbering and Inquiry references. In Microsoft Word, the default settings are appropriate.
4. Paragraphs must be numbered sequentially (e.g. 1, 2, 3 etc) and statements must be paginated.
5. Statements must also be provided in a format that enables the text of the content to be searched, whether in Word or PDF format, and must not be watermarked.
6. The statement must be headed “[First/Second/etc.] Witness Statement of [WITNESS NAME]”. The statement submitted to the Inquiry must use the witness’s real name unless the Inquiry directs otherwise. Where anonymity has been granted, the Inquiry will substitute the applicable pseudonym or cipher before disclosure or publication, as appropriate.
7. The statement must give the witness’s full name unless the Inquiry directs otherwise. Where the witness is providing evidence in a current or former occupational capacity, the statement should identify the relevant organisation and the witness’s current or former role.
8. A statement made for or on behalf of an organisation must be made by a person who is authorised to provide the statement, has sufficient knowledge of its contents and, if required, is able to give oral evidence about it at an Inquiry hearing.
9. The statement must identify the date of each Rule 9 Request or Section 21 Notice to which it responds.
10. Unless the Inquiry agrees otherwise, the statement must use plain English, provide a chronological narrative addressing the matters identified in the Rule 9 Request, and must not reproduce the questions or be presented in question-and-answer form.
11. An acronym must be written out in full the first time it is used. Organisations, specialist expressions and references must be explained where their meaning may not be clear to the reader.
12. A final statement must end with the following Statement of Truth: “I believe that the contents of this statement are true.” The witness must then sign and date the statement. The Inquiry may accept an electronic signature or another agreed method of authentication.
13. A witness or their RLR should retain a complete copy of the signed final statement submitted to the Inquiry. Where a statement has been signed in hard copy and a scanned copy is submitted, the original signed version should also be retained unless the Inquiry requests it.
Exhibits: Documents Accompanying a Witness Statement
14. Where a witness refers to a document or other material in their statement, a copy must be submitted as an exhibit unless:
- it is already held by the Inquiry, in which case the statement should identify its Inquiry unique reference number;
- it cannot be located or provided, in which case the witness should explain why; or
- it is withheld or redacted on the basis of legal professional privilege or another legal restriction, in which case the basis should be identified in the exhibits list.
15. When a document is first mentioned, the statement should give its full title or description and exhibit number. Later references may use an abbreviation, but the exhibit number should be included each time.
16. Exhibits not already held by the Inquiry must be numbered sequentially using the format “AB/1”, “AB/2” and so on, where “AB” represents the witness’s initials or the cipher assigned by the Inquiry. If the witness provides more than one statement, the exhibit numbering must continue from the previous statement so that the same exhibit reference is not used twice.
17. An Exhibits List must accompany a response where the Rule 9 Request seeks documents, or the witness refers to documents or other material in their statement.
18. The Exhibits List must identify each document in the order in which it is first mentioned in the statement. It must give a full description and, where the document is already held by the Inquiry, its Inquiry unique reference number. The list must also:
- identify any redaction requested by the witness, specify the information concerned and summarise the reason for the request;
- identify any information redacted or withheld on the basis of legal professional privilege or another legal restriction, and state the basis relied upon without revealing the protected information; and
- identify any document that has not been provided or cannot be located and explain why.
This Protocol was last updated in September 2026.