Is it possible to retract a witness statement

Legal Aid is usually available for retraction statements for those on certain state benefits or those with low income. This means that there would be no cost. Contact us to find out if you are eligible for Legal Aid. If Legal Aid is not available, we offer a low fixed-fee with no hidden charges.

If you want to retract a statement, compelte the form below and one of our solicitors will contact you shortly. Where the decision has been made to continue the case, the prosecution may apply for a witness summons to compel a witness to give evidence. This can be done before the court hearing or even on the day of the hearing itself, and usually when the prosecution has been made aware that the witness is unwilling to cooperate.

Once a witness has been summoned, they must attend Court. If the witness decides not to attend, then a warrant for their arrest may be made for them to attend court on the day. The witness can tell the prosecution lawyer their reasons for not wanting to give evidence and then they will decide whether to call the witness or not.

Practically, if the prosecution thinks the witness is likely to be unhelpful to them, they would rather not have them there. The case could proceed to court if the police think they have enough evidence to prosecute the defendant without the witness by using, for example, statements from other witnesses, CCTV evidence, recordings and medical evidence. If you have any questions or need expert assistance at the police station or criminal courts, MTG Solicitors are available 24 hours a day.

Victim and Witness Statements in Criminal Proceedings — What happens where the victim or witness wants to withdraw the statement? Hide this message. Home Crime, justice and the law Courts, sentencing and tribunals. Going to court to give evidence as a victim or witness.

You can add things to your statement if you remember them later on, but you cannot withdraw it. You can include information about how the crime has affected you: physically mentally emotionally financially You can also mention any worries you have about the defendant being released on bail. The court will decide if your statement will be read out in part or in full. If you do this you should be aware of the consequences. The police and the CPS have a number of options if they still wish to proceed with the matter: 1.

They may just not use you as a witness. If they have sufficient evidence without your testimony they will still go ahead and it will have no impact on you. If they believe your testimony is vital for them to secure a conviction and they still want to go ahead they will firstly ask you to attend for the trial. If you do not attend they may ask the court to adjourn the trial to a later date and to issue a Witness Summons against you. This means that if you fail to turn up for the later date you can be arrested and brought to court.

If, having made a second statement refuting the first and you do attend court either voluntarily or as a result of a summons you may face close questioning about the discrepancies between your two statements and the reasons for them.

The course of justice relies very much on witnesses being prepared to attend court and give evidence. Often the very fact that the police have a statement is sufficient to encourage a guilty plea and no trial is necessary.