Being a witness FAQ's
Questions
- Will the suspect (or ‘defendant’) or defence lawyer be given my address?
- What will happen to my statement?
- Who will read my statement?
- What if someone tries to intimidate me?
- Will I be told what is happening in the case?
- Will I have to go to court?
- What will happen if I don’t go to court?
- Where will the case be heard?
- Who can help?
Answers
Will the suspect (or ‘defendant’) or defence lawyer be given my address?
No, your address is recorded on the back of your witness statement and the defendant or his/her solicitor only receives a copy of the front of the statement.
Also, witnesses are not usually asked to give their address out loud in court. The defendant or his or her solicitor is normally told the names of any witnesses.
back to top
What will happen to my statement?
If a suspect is charged in relation to this incident, your statement and all the other evidence will be passed to the Crown Prosecution Service (CPS). The CPS is responsible for prosecuting people who have been charged with criminal offences in England and Wales.
Although they work closely, the police and the CPS are separate organisations.
back to top
Who will read my statement?
Everyone involved with the case will read your statement (for example; police, CPS the defence and the magistrates or judge).
back to top
What if someone tries to intimidate me?
It is a criminal offence to intimidate or frighten a witness or anyone helping the police in an investigation. If you are harassed or threatened in any way before, during or after the trial, you should tell the police immediately.
back to top
Will I be told what is happening in the case?
The police and the CPS are improving procedures to keep victims and witnesses up-to-date with what is happening but it is not always possible to do this in every case.
Remember, you can contact the police at any time if you have any questions or concerns.
You will be contacted if you are needed to go to court (but it may be some time after you gave your statement as cases take time to prepare).
A victim of crime is usually told:
- If a suspect is charged
- About bail and what happens at court
- If the case does not proceed for any reason
Witnesses, who are not victims of the crime, may not be contacted again if:
- The suspect admits the offence and is cautioned or pleads guilty at court
- There is not enough evidence to prosecute the suspect
- No suspect is identified
back to top
Will I have to go to court?
You will only have to go to court if the defendant:
- Denies the charge and pleads ‘not guilty’
- Please guilty but denies an important part of the offence, which might affect the type of sentence he or she receives
If you are asked to go to court, the prosecution and defence lawyers will ask you questions about your evidence. You will be able to read your statement to refresh your memory first.
If you have given a statement and are then asked to go to court to give evidence, you must do so. If you are asked to go to court, you will be sent:
- A letter telling you when and where to go
- An explanatory leaflet
back to top
What will happen if I don’t go to court?
If you have any problems or concerns about going to court, you must let the person who asked you to go to court know as soon as possible.
If you have to go to court but there is no reason to believe that you will not go voluntarily, the court may issue a witness summons against you. If you still fail to go to court without a good reason, the court could find you ‘in contempt of court’ and issue a warrant for your arrest.
back to top
Where will the case be heard?
Most cases are heard by magistrates or a district judge in magistrates’ courts. Jury trials for more serious crimes are held in the Crown Court.
back to top
Who can help?
Every court has a free and confidential Witness Service, run by Victim Support, and you can contact them before the trial. The Witness Service’s trained volunteers can offer:
- Information on what happens at court
- Emotional support and someone to talk to in confidence
- Someone to go onto the courtroom with you when you give evidence
- A visit to the court centre before the trial and, where possible, a look around a courtroom so you know what to expect
The Witness Service does not discuss evidence or give legal advice.
To find out about your local Witness Service, look in the phone book under the name of the magistrates’ court or Crown Court. Alternatively, you can telephone on: 0845 30 30 900.
Extra help is available to support vulnerable or intimidated witnesses when they give evidence. If the CPS lawyer thinks that a witness qualifies for this extra help, known as ‘special measures’, he or she has to ask the magistrates or judge for permission to use them. The Witness Service volunteer, the police or the CPS will tell you what type of help is available and the police or CPS will be able to discuss what you need.
back to top