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What the Witness Charter promises

There are no special laws to say what help you should get as a witness. But there is a Witness Charter, which describes the level of service you should expect from:

• the police in England and Wales
  
• the Crown Prosecution Service
• Witness Care Units
• Her Majesty's Courts Service

The Witness Charter says you should be treated fairly and with respect, no matter your race, religion, background, gender, age, sexuality or disability.

When you make a witness statement

Witness statements should be taken as soon as possible. You should be given the chance to make sure your statement is recorded correctly. For example, if someone writes it down for you, they should read it back to you before you sign it.

If you provide a statement to the police, they will make a basic assessment of your needs as a witness. For example, you may need an interpreter to help you give evidence in court.

After you’ve made a statement

If the crime you are a witness to is serious and a court case looks likely, the police should update you on their investigation at least monthly.

If you’re intimidated (bullied or threatened), the police will do whatever they can to protect you. If the threat against you is very serious, they may even move you to an area where you feel safer.

If you have to go to court as a witness

If you need to go to court, you should only have to go when you’re due to give evidence.

You will be given information about what happens in court. Plus your witness care officer can arrange for you to visit the court before you give evidence, so it won’t seem strange to you.

Cases that involve ‘vulnerable’ witnesses, including child witnesses, will go to court as a priority wherever possible.

When you arrive at court as a witness

You’re entitled to feel safe at court. So, for example, if you’re a witness for the prosecution you shouldn’t have to sit near a witness for the defence. Also, your address will never be read out or given to the defendant.

You can bring someone to support you at court, if you want. You can also get practical and emotional support from someone at the Witness Service. To find out more about the Witness Service, follow the link below.

• Going to court as a victim or witness

Appearing in court as a witness

Wherever possible, the court will make allowances for any disability or medical condition you may have. For example, if you can’t stand for long periods of time, a chair will be provided.

If you need an interpreter or signer, one will be provided. Ask the person who invited you to court before the trial.

You can use the holy book of your religion to give your ‘oath’ (promise to tell the truth). Or you can give a non-religious oath, and ‘affirm’ that you promise to tell the truth.

You’re entitled to ask for extra help in court if you’re under 17 or afraid to give evidence. This is also the case if you have a learning or physical disability or are a victim of a sexual offence.

In all of these cases, you should ask the police to find out if you can have ‘special measures’. This can include screens to stop you from having to see the defendant or someone to help you understand what you’re being asked.

To find out more about ‘special measures’ follow the link below.

• Going to court as a victim or witness

When the trial is over

After the trial, prosecution witnesses will be told the result of the case. You’ll also be told if the offender appeals against their conviction or sentence.

You may be entitled to claim for some travel costs or loss of earnings. Ask your solicitor or a court official for a form.

If you’re a crime victim as well as a witness

If you’re also a victim of the crime, you have legal rights that are set out in The Code of Practice for Victims of Crime. To find out what they are, follow the link below.

• Your rights as a victim of crime