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Witnesses are an essential element of the criminal justice system. You aren't legally obliged to report a crime you witness to the police, but your help could have a real impact and prevent further crimes taking place - just as your evidence as a defence witness could ensure that innocent defendants are not convicted.
You may be asked to act as a witness if you:
If you choose to report a crime you have witnessed, you'll be asked to give a witness statement to the police. It may be some time before you know whether you'll need to go to court, as cases can take a long time to prepare. If the case does go to court and you're required to give evidence, you will be contacted.
If you're a witness who's not a victim, it's less likely that you'll be asked to provide evidence. However, you will probably have to give evidence in court if the defendant pleads 'not guilty', or denies an important part of the charge.
If the police have a reason to believe you won't turn up to court, you may be issued with a summons. If you fail to attend trial after receiving a summons, you can be found 'in contempt of court' and a warrant may be issued for your arrest.
After providing a witness statement to the police, you will be referred to your local Witness Care Unit, which will act as your single point of contact. The Witness Care Unit is run by the police and the Criminal Prosecution Service (CPS).
For the court hearing, they will refer you to an organisation called the Witness Service, which is part of Victim Support. The Witness Service provides free help and advice on court procedures and giving evidence, and can arrange a pre-court visit. Staff and volunteers can also accompany you into the courtroom while you're giving your evidence. The Witness Service provides this help for:
You can watch an online video about being a witness. This animated guide is seen through the eyes of a witness, and will help you understand your role in the court process. It will tell you about what happens in court and about different people who work at the court.
The interactive video follows the steps of a witness from making a statement, through the criminal court process and after the trial. You can choose to be a prosecution or defence witness, and take a tour of a magistrates’ court, Crown Court or youth court. You can watch the video in various languages.
If you are a witness and would prefer to watch this video on DVD, you can ask for a copy of it from your Witness Care Officer (if you are a prosecution witness) or your Defence Lawyer (if you are a defence witness). If you are unsure who your contact person is, you can contact the Witness Service at any local criminal court and ask them for a copy. The name of the DVD is, 'Going to Court - A Step-by-Step Guide to Being a Witness'.
It's a criminal offence to intimidate or harass a witness. If this happens to you, you must tell the police immediately. In extreme circumstances, the police will relocate you to keep you safe.
Vulnerable people - such as children under 17, people with learning disabilities and victims of sexual offences - sometimes need help giving evidence in court. People in situations like this are occasionally allowed to use 'special measures' to help them give evidence. These measures include:
You should tell the police before attending court if you feel that you may need to use special measures.
Find out your legal obligations when allowing time off for public service and duties
