What are my rights as a witness in England and Wales?

If you are asked to give evidence as a witness in criminal proceedings, you have important rights and protections. Understanding these before you attend court can make a significant difference to the experience and to your safety.

In most cases, the police or prosecution will ask you to attend court voluntarily. However, if you decline, either party can apply for a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 for the Crown Court, or section 97 of the Magistrates' Courts Act 1980 for magistrates' courts, which compels your attendance. Failing to attend after receiving a witness summons without a reasonable excuse is contempt of court and can result in a fine or imprisonment. There are limited grounds on which you can challenge a summons, but legal advice should be sought if you believe attendance would cause you serious hardship.

Vulnerable and intimidated witnesses are entitled to special measures under sections 16 to 33 of the Youth Justice and Criminal Evidence Act 1999. These include giving evidence from behind a screen so the defendant cannot see you, giving evidence by live video link from another room, having your evidence pre-recorded in advance of the trial, and having an intermediary to help you communicate your evidence. Children under 18 and victims of sexual offences are automatically eligible for special measures; other witnesses may apply to the court.

Witness intimidation is a serious criminal offence under section 51 of the Criminal Justice and Public Order Act 1994. Anyone who intimidates a witness, juror, or potential witness with the intent of obstructing justice can face up to five years' imprisonment. If you are being threatened or intimidated, report it to the police immediately. In some cases, the police may be able to offer additional protection or, in exceptional circumstances, entry to a witness protection programme.

All prosecution witnesses are entitled to claim travel expenses, subsistence, and loss of earnings for attending court. The rates are set by the Crown Court and magistrates' courts and should be claimed through the Witness Service or the court office. You are not expected to be out of pocket for fulfilling your civic duty.

Key Points

• You may be asked to attend court voluntarily, but a witness summons can compel your attendance
• Failing to attend after a witness summons without reasonable excuse is contempt of court
• Vulnerable and intimidated witnesses can apply for special measures including screens and video links
• Children under 18 and victims of sexual offences are automatically eligible for special measures
• Witness intimidation is a criminal offence carrying up to five years' imprisonment
• You are entitled to claim travel expenses, subsistence, and loss of earnings for attending court
• The Witness Service provides free practical and emotional support at court