Can the Accused See Witness Statements in Criminal Proceedings?

PUBLISHED ON February 6, 2022

The laws of England and Wales provide the accused with the ability to mount a robust defence, so the short answer is “Yes.” However, it is also essential to understand when this right comes into play. The answer to this question is longer. Keep reading to find out more. This article also covers other questions like:

• Can I refuse to give a witness statement?
• Can I refuse to give evidence in court in the UK?

When Can the Accused See Witness Statements?

The crux of the matter boils down to the word “accused.” Police officers have no duty to disclose the identity of witnesses while investigating a criminal offence. Doing so may put vulnerable witnesses in danger.

They may refer to such statements during questioning, but they do not have to disclose details that could harm their investigation. However, when they charge a suspect, the landscape changes.

The prosecution will present all such evidence to the defendant’s solicitors to allow them to mount a defence. It is every person’s right to dispute the alleged facts, or there would be a real risk of a miscarriage of justice.

The accused, through their legal team, may then choose to accept or dispute what is said in those statements. Should the accused dispute any matters, the witnesses would ordinarily be required to give live evidence during a trial.

The prosecution may issue witness summonses to reluctant prosecution witnesses to compel them to give evidence, provided they have previously provided a signed witness statement to the police. The prosecution will do this to reduce the risk of a case collapsing against an accused if, for example, the only evidence against a defendant might be the account given by that witness. This might also be the case if the reluctant party is a strong corroborative witness.

Failing to respond to a witness summons may result in punitive measures such as contempt of court with a fine or a prison sentence.

Advocates will cross-examine witnesses to highlight inconsistencies in their accounts, and to essentially put the accused’s side of the story to them, to challenge them.

Can I Refuse to Give a Witness Statement?

No one is legally required to make a statement, although it can be seen as a civic duty for witnesses to come forward to ensure that justice is done.

Where Do You Stand?

Are you facing criminal charges? Navigating the Criminal Procedure Rules of England & Wales might seem a daunting prospect. You will need a legal professional to help mount your defence. Schedule a consultation with Hudson Marshall Solicitors by calling 0800 368 9939 to discuss your options.