Assistance for witnesses

Witnesses give evidence about what they have seen or heard. Criminal law makes extensive use of witness statements. So you can become involved in a criminal case not only as a suspect or a victim, but as a witness as well. You may want to understand the criminal law risks for yourself before you give a statement. It is entirely possible that you are questioned now as a witness but are later named as a suspect. You can discuss that with one of our lawyers. We make sure you know what to expect and how best to prepare.

The rights and duties of a witness

As a witness you have rights, but you have duties as well. It is important that you know them before you give a statement.

One important right is the right to refuse to answer. That means you may decline to answer a question where doing so would amount to admitting offences for which you or a close relative could be prosecuted. Anyone bound by professional secrecy, for instance as a doctor or a notary, can also invoke a right to refuse. If the court decides that you must answer the question after all and you continue to refuse, you run the risk of being detained. You are then held in a remand centre and questioned again at a later date.

As a witness you have further rights. If you have been summoned to a public hearing, you may ask to be questioned behind closed doors. You or your lawyer may also ask for the defendant not to be present in the courtroom while you give your statement. Your lawyer may attend the questioning. If you are vulnerable, if your health is seriously at risk or if you have another personal reason not to give evidence, you can raise that. In exceptional cases the court can designate you as a threatened witness; you may then give evidence anonymously.

Alongside these rights you also have duties as a witness. In some cases you are obliged to appear when you are summoned. Where that is so, it is stated in the letter you have received. If you appear before the court to give a statement, you take the oath or make the affirmation. By doing so you promise to tell the truth. If you do not, you commit perjury: an offence for which the Public Prosecution Service can prosecute you.

Giving evidence to the police

The police can also ask you to come in and give a statement as a witness. If you go to the police station, you will be asked to say truthfully what happened and what you saw or heard. Afterwards the police add your statement to the case file and investigate the matter further.

What many people do not know is that you are not obliged to give a statement to the police. The position is different when the public prosecutor or the investigating judge summons you as a witness: then you cannot refuse.

It is worth pausing over that beforehand. A statement given to the police goes into the case file and stays there, even when you later come to the conclusion that you remember something differently or that you said more than you meant to. If at some point you become a suspect yourself, what you said as a witness can be used against you. A short discussion beforehand prevents you from giving a statement you ultimately do not stand behind.

Giving evidence before the court

Once the case is before the court, you may be summoned as a witness at various moments. If the preliminary investigation is still running, the investigating judge may call you. That questioning takes place in a closed setting and not at a public hearing. You take the oath or make the affirmation, and not only the investigating judge but also the defendant’s lawyer and the public prosecutor may put questions to you. The defendant is usually not present. A record is made of the questioning, which is read back to you and which you then sign.

At a later stage you may be summoned to give evidence at a public hearing before the district court or the Court of Appeal. There too the judges, the public prosecutor and the defendant’s lawyer may put questions to you. The defendant may be present. Notes are taken of your statement. Once you have given evidence, you are free to leave the courtroom.

Discuss it beforehand with one of our lawyers

If you have been summoned as a witness, we explain what your rights and duties are. We discuss the possible criminal law risks and prepare you for the questioning. So do not hesitate to contact us. Then you will know where you stand.