Do You Have to Give a Criminal Witness Statement?
If you’ve witnessed a crime, you may be wondering what your legal obligations are. Witnessing a crime can be distressing, and many people get nervous about the prospect of appearing in court. Read on to learn more about your obligations and what happens when you make a witness statement.
The law vs moral responsibility
You don’t legally have to provide a statement if you don’t want to. However, there is a moral responsibility to come forward if you witness a crime. Witnesses often come forward because they want to help the case progress and help victims achieve justice.
How to come forward
If you want to provide a witness statement, you should contact the police service. While the crime is being investigated, callouts and news reports are likely to contain a case number that you can quote when you come forward. However, you can still come forward if you don’t know the case number.
Giving a statement
If you do choose to give a witness statement, it’s important that everything you say is true. You will be asked to sign and say that everything in your statement is the truth. If there’s something you’re unsure about, tell the officer taking your statement.
Statements can be taken in written form or video form. An officer may interview you and write down everything you say, then get you to confirm it at the end. You don’t necessarily have to give your witness statement in a police station – you may be able to make your statement at your home or workplace.
This statement will then be examined by people involved in the case. It may be shown in court as evidence – only with your permission. You may be asked to help with further aspects of the case, including identifying suspects.
Any evidence that you have should also be given to the police.
Witness statements in court
If the case goes to court, you may be asked to attend. There are some provisions which allow a statement to be read on your behalf, but you may be legally required to attend if you are sent a witness summons.
The law states that a defendant has the right to hear witness statements made about their charges. However, in sensitive cases, particularly when children are involved, screens may be used.
Anything you say in court must be said under oath or affirmation – you must tell the truth.
Changing or withdrawing a statement
When you make your statement, you will be given the contact details of officers involved in the case. If you want to make any changes to your statement, you should contact them as soon as possible. You can also withdraw your statement this way.
Anonymously report a crime
If you would like to inform the police of a crime but don’t want your identity to be shared, Crime Stoppers Bermuda can help. Our online form and telephone line don’t collect any personal information, allowing you to report a crime anonymously.
Use our online form or phone 800-8477 to report anonymously.
