Support if You Are a Witness to a Crime

What happens when you witness a crime

If you witness a crime and report it to the police, they will usually take a written statement from you. This statement records what you saw, heard or experienced. In some cases, particularly less serious matters heard in Magistrates' Court, this statement may be enough for proceedings to continue without you attending in person. However, in more serious cases, witnesses are often required to give oral evidence.

Both prosecution and defence lawyers typically review witness statements before a trial. They decide whether they need to question you directly in court. You may never hear anything further, or you may receive a request to attend court months later.

When you give your statement, the police may also ask you to help identify the person involved. This could mean looking at photographs of known offenders or attending an identification parade. You are not obliged to take part in these procedures, but your cooperation can help the investigation.

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Being called to court as a witness

If the lawyers decide they need you to give evidence in person, you will receive a witness summons. This is a legal document that requires you to attend court on a specific date and time. It is not a request.

Once you receive a summons, you must attend. Failing to appear without a valid reason can result in a warrant for your arrest, and may ultimately lead to contempt of court proceedings. This can result in a fine or even a prison sentence. Courts take witness attendance seriously because trials often cannot proceed fairly without the evidence witnesses provide.

There are limited circumstances where you may be excused. If you have a medical condition that genuinely prevents you from attending, you will need to provide evidence from your doctor. The court will consider this and decide whether to excuse you or make alternative arrangements. Simply not wanting to attend is not a valid reason.

If the date causes practical difficulties, such as a prior hospital appointment or essential work commitment, contact the Witness Care Unit as soon as possible. They may be able to arrange a different date, though this is not guaranteed. The Witness Care Unit can also keep you updated on the progress of the case and confirm trial dates.

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Support available for witnesses

Giving evidence in court can feel daunting, particularly if you have never been inside a courtroom before. Several services exist to help you prepare.

The Witness Service, run by Citizens Advice, operates in most criminal courts in England and Wales. Their trained volunteers can:

• Arrange a pre-trial visit so you can see the courtroom beforehand
• Explain what will happen on the day
• Provide a separate waiting area away from the defendant and their supporters
• Accompany you into the courtroom when you give evidence
• Offer emotional support throughout the process

This service is free and available to all witnesses, regardless of whether you are called by the prosecution or defence. It is advisable to check in advance whether you need to book, as arrangements vary between courts. The Witness Service provides practical and emotional support but does not offer legal advice. If you need legal guidance, you should seek independent legal advice separately.

In Scotland, Victim Support Scotland provides similar assistance. In Northern Ireland, the Victim and Witness Care Unit fulfils this role.

If you are a vulnerable witness, perhaps due to age, disability or the nature of the offence, the court may allow special measures. These can include giving evidence from behind a screen, via video link from another room, or having your pre-recorded interview played instead of live testimony. Special measures require an application to the court and are not automatically granted. The Witness Care Unit or the lawyer who called you can explain whether these options might apply to your situation and how to request them.

Practical matters for the day

Court cases frequently run late or face delays at short notice. Bring something to occupy yourself while you wait. You may be at the court for several hours even if your actual evidence takes only a short time.

Dress in clean, ordinary clothes. There is no formal requirement, but courts are professional settings. Avoid clothing with offensive slogans or images.

Bring your witness summons with you. You may also want to bring a copy of the statement you gave to police, though you should not read it in the waiting room before giving evidence unless told you can. If you need to refresh your memory, ask the lawyer who called you or the court usher for guidance.

If you are employed, your employer must allow you time off to attend court. You can claim back certain expenses including travel costs, meals and a fixed amount for loss of earnings. Court staff will provide the necessary forms on the day and explain what documentation you need. For detailed information about court procedures, witness expenses and your rights, visit GOV.UK or contact the Witness Service directly.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Preparation Checklist lets you going to court for the first time can be overwhelming. Tell us your situation and get a personalised checklist covering what to bring, what to wear, what to expect, and how to prepare. Try it now →