Is it compulsory to give a witness statement?

Is it compulsory to give a witness statement?

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. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.

What happens if you don’t give a witness statement?

Failure to attend can result in a warrant being issued for their arrest. The test for summonsing a witness to court is relatively low: the witness need only be likely to be able to give a statement containing material evidence or able to produce a document or exhibit pertinent to the case.

When should witness statements be taken?

53. Witness statements should normally be taken as soon as possible to ensure that: the events are still fresh in the mind of the witness; the evidence is recorded before the witness is tempted/has opportunity to discuss their evidence with others.

Can you refuse to make a witness statement?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.

Can an accused be a witness?

Only when the person is named as an accused, s/he can be examined as a witness for defence under Section 315. The Accused must be a Competent Witness: It connotes that the accused must be able to comprehend the questions which are put to him in the court by the counsels or the judge.

When do witness statements stand as evidence in chief?

Use at trial of witness statements which have been served. (Part 33 contains provisions about hearsay evidence) (2) Where a witness is called to give oral evidence under paragraph (1), his witness statement shall stand as his evidence in chief (GL) unless the court orders otherwise.

What is a witness statement on form te9?

Form TE9: Witness Statement – Unpaid Penalty Charge (parking) Form TE9: Witness Statement – Unpaid Penalty Charge (parking).

Do you have to go to court to give a witness statement?

If all of the above apply, the witness does not always need to attend the trial to give oral evidence. But once they have made a written statement they may be called on to attend court and give their evidence in person.

Can a witness be cross-examined on a witness statement?

32.11 Where a witness is called to give evidence at trial, he may be cross-examined on his witness statement whether or not the statement or any part of it was referred to during the witness’s evidence in chief (GL). (1) Except as provided by this rule, a witness statement may be used only for the purpose of the proceedings in which it is served.