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Can an opinion hold any legal weight when made in a precognition by a police officer who attended an accident some 20 - 30 minutes after the incident? This was done after only taking the offending person's statement and was damning on the innocent party's insurance claim.
asked in legal questions

robinsamuels answers:

Precognition is knowledge of an event BEFORE it takes place. I assume that you mean the officer has given an opinion about an incident which has already taken place and which they didn't witness.

It would depend on what basis the police officer is making their statement. If a regular beat cop makes a statement regarding an accident that they didn't see, it would hold very little weight. However, a trained accident investigator will be able to recreate the accident, to a very highly accurate level, just by collecting measurements and photos at the scene.

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Leohuberh answers:

PRECOGNITION is a preliminary statement by a witness.
Scotch law.
The examination of witnesses who were present at the commission of a criminal act, upon the special circumstances attending it, in order to know whether there is ground for a trial, and to serve for direction to the prosecutor. But the persons examined may insist on having their declaration cancelled before they give testimony at the trial. Ersk. Princ. B. 4, t. 4, n. 49.

The Private Security Industry Act 2001 (as amended) allows for licensing of private investigators and precognition agents.
Precognition agents interview witnesses for the purposes of, or in anticipation of, criminal or civil proceeding in Scotland. Proposals for the licensing of precognition agents are being considered in parallel with the development of licensing for private investigators. This is because of a similarity in the activities undertaken by both groups.


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