Witnesses

If you have given a statement for a case, there is always the possibility that you will have to attend court as a witness. You may be called as a witness in most cases if you are the complainant or if the defence want to question you about the issues contained in your statement. All witnesses may be called to court following a statement being provided to police and may be served with a summons in certain circumstances, i.e. should police believe you will not attend, you have refused to attend or have not attended previously.

See the Related Information for support and guidance regarding attending court as a witness.

If you are a victim or witness in the case, you can:

• Contact the Officer in Case,
• Contact the force Witness Liaison Department – (the name of this department may differ from force to force) (see Q727 (Do you have contact details for all the police forces in England and Wales?)),
• Contact the court directly.

If you are a defendant, you can:

• Contact your solicitor,
• Contact the court directly.

Please see the link in Related Information to find court contact details.

Whether witnesses are called to give evidence in court varies from case to case. It depends on a variety of factors including the evidence presented and the issues in dispute between the prosecution and the defence in the case.

In the majority of cases, the Officer in the Case will be at the court. Victim Support can offer support and advice to victims of and witnesses to crime, see the websites in Related Information.

Whilst it is possible that the defendant will also be outside the court room at times, it does not follow that you must sit in the same area. Many courts have large communal areas and will announce each case over a tannoy so that if you wish, you can sit away from the defendant. Alternatively, speak to the court usher and tell them where you are going to be.

At most courts there will also be the Witness Service/Victim Support who will be able to provide a separate room for you if you do not want to sit in the communal area. It is perfectly understandable that you would not want to sit outside the court with the defendant.

Alternatively, you can contact the Officer in the Case who may be able to make alternative arrangements for you.

For more information please see the websites in Related Information.

No, if you are a witness or a complainant in a case then you do not need a solicitor. You are simply telling the court what you saw/what happened etc. The Crown Prosecution Service prosecutes the case on behalf of the police and the defendant will have a solicitor to represent him/her but you yourself do not need any legal representation.

For more information please see the websites in Related Information.

No, you do not need to bring anything to court other than yourself. The officer in the case or the CPS officer should have a copy of your statement (if you made one) from which you can refresh your memory.

There is support available when you arrive at court on the day. You can find the Witness Service and/or Victim Support Service and they may be able to put your mind at rest as, for many people, giving evidence can be a very anxious prospect. You can also speak to the Officer in the Case on the lead up to court who may also be able to advise and reassure you.

For more information please see the websites in Related Information.

• food and drink
• travel costs
• overnight stays
• loss of earnings
• childcare/adult care costs
• other expenses (such as VISA's)

Yes. If you are a witness, you may be entitled to have an interpreter present. If you receive a letter notifying you to attend court, it should contain a section about interpreters and other special requirements. If you did not receive a letter, contact the Witness Services who will be able to arrange an interpreter for you.

If you are a defendant and you had an interpreter during your police interview, the police will inform the court that you need an interpreter. If you did not have an interpreter during the police interview but feel that you need one for the court appearances, you should inform your solicitor who will in turn notify the court.

If you are deaf or hard of hearing, you will always be given an interpreter. 

Yes. Most courts have a Witness Service and if you contact them in advance of the case they can arrange for you to look at a courtroom. It may not be the same courtroom that you give evidence in, but they are all very similar.

Visiting the court beforehand can help people feel less intimidated about giving evidence. Knowing where everyone sits in the court room and who they all are can put you at ease.

A link to the Witness Service referral form can be found in the Related Information.

Yes, you can. Victim Witness Care Units have been set up nationally. Each unit will have Victim Liaison Officers who will keep witnesses informed of how the case is progressing.

At the end of the trial, the court will give the result. If found guilty, it may take a few weeks before the defendant is sentenced because the Probation Service (and other bodies) may be required to write a pre-sentence report which gives the court advice before sentencing.

The above factors may influence when you can find out the result of a case. 

It is the discretion of the court as to whether it awards compensation. If the offender is given a custodial sentence then it is unlikely that you will receive any compensation. A compensation form should be sent out to you before the court proceedings.

If you were the victim of a violent crime then you may be eligible for compensation from the Criminal Injuries Compensation Authority (CICA). However, please note it is a requirement that you co-operate as far as is reasonably practicable in bringing the assailant to justice. If you have not co-operated with the police during the course of the investigation it is unlikely that you will receive any compensation from the CICA.

If you are a witness and you do not go to court, a number of things could happen.

The court could adjourn the proceedings so that a witness summons can be served on you to secure your attendance at court. If you then fail to attend the next hearing after a witness summons has been served then you could be arrested. The case could also be thrown out of court.

If you have any fears or concerns about attending court you should contact your local Victim Witness Care Unit.

• All child witnesses under 18 at time of giving evidence;
• Any person suffering from a mental disorder;
• Any person suffering from a learning disability;
• Any person who is physically disabled.

• Giving evidence through a live link;
• Giving evidence in private;
• Removal of wigs and gowns;
• Use of communication aids;
• Video recording of interview used as evidence;
• Examination of the witness through a third party.

When you first arrive at court, you will need to go through security, this applies to everyone who enters a court or tribunal building. You will need to allow time for this. Please see the guidance linked to this page for a list of items that you are not allowed to take into a court or tribunal building.  

Upon arrival, you will need to tell the security staff who you are and that you’re a witness or victim. Someone from the Citizens Advice Witness Service will then take you to a waiting area, where available. If you’re a victim or prosecution witness, there will usually be a separate room where you can wait so you do not meet the defendant or their family and friends. If there is not a separate area, speak to court staff - they can make sure you’re safe.

Witness Services will also be able to tell you other information such as where the canteen is and where you might find the officer in the case.

Whilst there is no legal requirement to give a witness statement to the police, there is a moral duty on each of us to help the police with their enquiries.

If you have given a statement to the police, there is a possibility that you may have to attend court as a witness, this should be explained to you by the person taking your statement and is also explained on the witness statement, which you should read prior to signing. 

For many, the prospect of giving a statement and possibly appearing in court can be daunting. However, the police and courts have procedures in place to help and support witnesses. Please see the links in Related Information for more details.

Victim Support is an independent charity who provide free, confidential help and support to people affected by crime or traumatic events. You do not have to report a crime to the police to be referred to Victim Support, anyone can contact them directly for help. Trained staff and volunteers provide a wide range of specialist services such as practical and emotional support, and can help people affected by all types of crime. The services extend not only to the victim but also to their friends, family and witnesses. See the links in Related Information for details.

If you are a witness in a case that is being investigated by the police, you will be put in contact with a Witness Care Unit, and a member of staff will be assigned as your single point of contact. This person will answer any questions you may have and can ensure special measures are put in place if you are deemed to be a vulnerable witness. See Q198 for further information.

Witness entitlements are governed by the Witness Charter, this sets out what information and support witnesses should expect from the criminal justice agencies, including the police, Crown Prosecution Service and the courts. Details can be found in Related Information.