Do You Have To Go To Court If You Give A Statement?

Is a witness statement confidential?

Are witness statements confidential.

Not quite.

Once your witness statement is served, it may only be used for the legal proceedings for which it is produced.

the witness statement has been put into evidence at a hearing to be held in public, ie in open court..

What kind of proof is needed for a conviction?

In order to obtain a conviction, the prosecution must prove your guilt beyond a reasonable doubt.

How long do police have to charge you?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you.

What happens if a victim change their statement?

If the victim later changes his or her story or takes back the statement altogether, it’s known as recanting. This can happen at any time during the case, including at trial, but is often done early on in an attempt to get the charges dropped against the attacker.

What happens if you don’t go to court as a witness?

A. The type of case you are involved in will determine what could happen if you don’t attend court as a witness. … If this happens you are compelled to attend the court on the stated time and date. If you fail to attend the court after a witness summons has been issued, a warrant for your arrest would then be granted.

Can I change my statement before court?

The short answer is that you cannot just not press charges but there are things that you can do about this. If you have made a statement then the case is no longer yours. A statement is just evidence like any other. It does not have to be in written form.

What happens when you make a statement to the police?

Your statement Tell the police, in your own words, everything you remember about what happened. Sometimes the questions police must ask might be difficult or embarrassing to answer. … In some cases, police may record a video of you giving your statement. Police will usually video record the statements of child victims.

Is a witness statement evidence?

Unlike the Affidavit, the witness does not swear to or affirm the truth of the contents of the Witness Statements. … When the case comes on for hearing, the Witness Statement is tendered as evidence (as opposed to being read as an Affidavit is).

Can u retract a statement?

The short answer is that you cannot just withdraw but there are things that you can do about this. If you have made a statement then the case is no longer yours. A statement is just evidence like any other. It does not have to be in written form.

Can I refuse to go to court as a witness?

Can I refuse to be a witness? Yes, if you are asked to be an expert witness. You must decide whether you can spare the time from your work or business to prepare a report and, perhaps, go to a court hearing. If you are asked to be a witness of fact, you can also refuse.

Is a witness statement enough to convict?

Witnesses are evidence. Their evidence is eyewitness testimony. The rule says that one witness is enough to convict, if the jury believes that witness. … People have been convicted of crimes on the testimony of a single witness without any physical evidence.

What should a witness statement include?

A statement given by a witness, including a victim, is referred to as a witness statement….The police will ask you questions including:Your name, address and contact number.The exact time and location where the crime took place.Names and addresses of the people involved, if you know them.More items…

Can a victim ask for charges to be dropped?

Assault charges and police AVOs can be withdrawn if you (or your lawyer) are able to convince police that there are good reasons to do so. … If that is so, you (or your lawyer) can write to police formally requesting the discontinuation of proceedings.

Do you have to testify if you don’t want to?

Even if you don’t want to testify—say, against someone you know, like a family member or friend—and you go to court but refuse to answer questions, you can also be held in contempt. “You can serve up to six months in jail or you can be fined,” Eytan says.

Can police charge you without evidence?

It’s wrong for a person to be convicted for an offence without thorough reasoning, therefore solid evidence is needed before a decision is reached. … In fact, you can be charged simply with the intent to commit offences, or if there is reason to believe that you were involved in a crime.

What should I do if I don’t want to testify?

You can inform the State that you no longer want to testify but be mindful that the State can still call you to testify. Be careful of refusing to testify if called to the witness stand because you can be held in contempt of court by the judge.

What happens when you give a statement?

Giving a written statement If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station. … You can ask the police officer to read your statement to you. You will be asked to sign the statement to say that it is an accurate account of what you think happened.

What happens when you give a witness statement?

Giving a statement A witness statement is your written or video recorded account of what happened to you or what you saw / happened. The police will ask you questions and write down what you have said. You will be asked to read it and sign it with your name. … Your witness statement may be used as evidence in court.

Can I withdraw a statement made to the police?

You do not have an obligation to assist police or provide a statement. Often, if police cannot obtain a statement from a key witness such as victim, they will withdraw the charge due to a lack of evidence. However, in some situations, police will press on without a statement and obtain a summons or subpoena.

What happens if you don’t give a statement to the police?

Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it.

Can you get in trouble for recanting a statement?

If you say that the statement you made was false, you could be charged with obstruction of justice or making false statements to law enforcement. If you are sure you want to recant your statement, you should speak to an experienced attorney before doing so.