Criminal Defence | England & Wales

Asked to be a witness: statements and summonses

Whether you have to give the police a statement, what a witness summons means, help available at court, and what to do if you might be a suspect.

Reviewed by

Paris Theodorou

· Principal Solicitor · Last reviewed

November 4, 2026

Get advice as a witness Police station representation

KEY ANSWER

The position in brief

In general there is no legal duty to give the police a witness statement, although most people choose to help. A court, however, can issue a witness summons requiring you to attend and give evidence, and failing to attend without a good reason can be contempt of court. Vulnerable or intimidated witnesses can ask for special measures, such as giving evidence from behind a screen or by live link. If anything you might say could suggest you were involved in the offence, take legal advice first: you should then be interviewed under caution as a suspect, not as a witness.

Legal issues

Witness summonses

Crown Court: Criminal Procedure (Attendance of Witnesses) Act 1965, section 2. Magistrates' court: Magistrates' Courts Act 1980, section 97.

Special measures

Youth Justice and Criminal Evidence Act 1999, Part II: screens, live links, evidence in private, removal of wigs and gowns, video-recorded evidence and intermediaries.

Self-incrimination

A witness can decline to answer a question at trial if the answer would tend to expose them to prosecution. If police think you may be a suspect, PACE Code C requires a caution before questions about your involvement.

Evidence that matters

A witness statement is signed as true and can be used in court. Read it carefully before signing; you can ask for corrections.

Reasonable lines of enquiry

Before giving a statement

Are you being treated as a witness or a suspect?
Do you need an interpreter or support?
Are you worried about intimidation? Tell the officer.

What happens next

If the case goes to trial, the Witness Care Unit tells you the date. You can claim expenses for travel and loss of earnings within set limits.

Immediate steps

Ask the officer whether you are a witness or a suspect.
Take advice before giving a statement if you are unsure.
If you receive a summons, contact the court or your solicitor about any difficulty attending.

What should you send us?

Send any police letter, the officer's details and any summons.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

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