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Witness Statement Guidance for Giving Evidence in Criminal Cases, Lecture notes of Criminal procedure

A witness statement template and instructions for witnesses in criminal cases. It covers topics such as the criminal procedure rules, witness details, consent for disclosure of medical records, and what happens after giving a statement. Witnesses are informed about their responsibilities, potential consequences for providing false information, and the role of the witness care unit.

What you will learn

  • What information should a witness include in their statement?
  • What happens if a witness is unable to attend court?
  • What support services are available to witnesses during the criminal justice process?

Typology: Lecture notes

2021/2022

Uploaded on 09/27/2022

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RESTRICTED (when complete) MG11
Witness Statement Page 1 of 1
Criminal Procedure Rules, r 27. 2; Criminal Justice Act 1967, s. 9; Magistrates’ Courts Act 1980, s.5B
Signature: Signature Witnessed by:
08/2011 RESTRICTED (when complete)
URN:
Statement of:
Age if under 18 (if over insert “over 18”): Occupation:
This statement (consisting of ……1…... Pages(s) each signed by me) is true to the best of my knowledge and belief and I make it
knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it, anything which I know to be
false, or do not believe to be true.
Signature: Date:
pf3
pf4

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RESTRICTED (when complete) MG

Witness Statement Page 1 of 1

Criminal Procedure Rules, r 27. 2; Criminal Justice Act 1967, s. 9; Magistrates’ Courts Act 1980, s.5B

Signature: Signature Witnessed by:

08/2011 RESTRICTED (when complete)

URN:

Statement of:

Age if under 18 (if over insert “over 18”): Occupation:

This statement (consisting of …… 1 …... Pages(s) each signed by me) is true to the best of my knowledge and belief and I make it

knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it, anything which I know to be

false, or do not believe to be true.

Signature: Date:

RESTRICTED (when complete) MG

RESTRICTED (when complete) MG

Witness Details

Home Address: Post Code:

Home Tel No: Work Tel No: Mobile Tel No:

Email Address: Preferred means of contact:

Name of Parent/Guardian Contact Tel No:

Best time to contact: Ethnicity Code (16+1):

Gender Male / Female Date & Place of Birth: Former Name:

Does the Witness have any inconvenient dates for court? Yes/No

If “Yes” provide details

Witness Care (please tick or type in box provided)

a) Is the witness willing to attend court? Yes/No If ‘No’, include reason(s) on form MG

b) What can be done to ensure attendance?

c) Does the witness require a Special Measures Assessment as a vulnerable or intimidated witness? (youth under 18; witness with mental disorder, learning or physical disability; or witness in fear of giving evidence or witness is the complainant in a sexual offence case). If ‘Yes’ submit MG2 with file in anticipated not guilty, contested or indictable only cases.

Yes/No

d) Does the witness have any particular needs? Yes/No

If ‘Yes’ what are they? (Disability, healthcare, childcare, transport, disability, language difficulties, visually impaired, restricted mobility or other concerns?).

Witness Consent - For Witness Completion Yes^ No^ N / A

a) The Victim Personal Statement scheme (victims only) has been explained to me:

b) I have been given the Victim Personal Statement leaflet:

c) I have been given the tear-off leaflet “Giving A Witness Statement to the Police…”

d) I consent to police having access to my medical record(s) in relation to this matter: (obtained in accordance with local practice)

e) I consent to my medical record in relation to this matter being disclosed to the defence:

f) I consent to the statement being disclosed for the purposes of civil, or other proceedings if applicable, e.g. child care proceedings, CICA

Witness Signature: Print Name:

Parent/Guardian/appropriate adult Signature: Print Name:

Address and telephone number if different from above:

Statement Taken By (print name): Station:

Time and Place Statement Taken:

RESTRICTED

MG 11W (08/2011)

Witness Care Unit

If the case goes to court , you will be contacted by a Witness Care Officer, working within the Witness Care Unit.

The witness Care Officer will keep you fully informed of the progress of the case once the defendant has been

charged and, where possible, will do this within one day of the Unit receiving the information.

There are dedicated Witness Care Units set up in Reading, Oxford and Aylesbury which provided support to victims

and witnesses of crime. Witness Care Units are staffed by both CPS and police staff.

Witness Care Officers assess the needs of victims and witnesses and provide practical solutions to ensure their

attendance at court to support criminal proceedings.

The Witness Care Officer will be your single point of contact from the first court hearing date and throughout the court

process, and will give you practical support and any other information you might need.

Victim Support and Witness Service

The Victim Support scheme operates from a number of locations within the Thames Valley, and their volunteers are

specially trained to provide free and confidential information, support and advice.

All victim and witnesses will be offered support from Victim Support’s Witness Service, which is independent ,

confidential and free. This support will include someone to talk to, a quiet place in which to wait and a chance to see

the court before the day of the trial. Although the Witness Service volunteers will explain the court process to you,

they cannot discuss the specific details of the case.

The Witness Charter

The Witness Charter sets out the standards of service that witnesses can expect to receive at every stage of the

Criminal Justice process from:

  • the police, if you are a witness to a crime or incident
  • other Criminal Justice agencies and lawyers, if you are asked to give evidence for the prosecution or defence in a

criminal court

The standards apply to all witnesses, regardless of whether you are also the victim. If you are a victim of a crime, you

rights that are set out in the Code of Practice for Victims of Crime.

Unlike the Victims Code of Practice, the Witness Charter is not set out in law, and there may be constraints which

affect the ability of the Criminal Justice agencies to provide the service to all witnesses in all cases.

Being kept updated on progress during the investigation:

After you have given a statement, if the offence is of a very serious nature and the police have told you that you are

likely to be called to give evidence in court, the police will seek to update you:

  • at least once a month on the progress of the case until the point of closure of the investigation or
  • at the point at which someone is charged, summonsed, or dealt with out of court.

Being kept updated on progress after charge:

If you are a prosecution witness to any offence, the police will seek to inform you:

  • when the defendant has been charged
  • whether the defendant has been released on bail to attend court , or help in custody until the first court appearance
  • what relevant bail conditions apply

Further information about the Witness Charter and the Victims Code of Practice can be downloaded from

www.cjsonline.gov.uk