What are my obligations as a witness

written by: Ben Letham; article published: year 2010, month 02;

In: Root » Legal and finance » Investigation

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A witness has several obligations towards the court. The main role of a witness is to provide the court with evidence on which they can base their decisions. This is a vital role and plays a large part in the successful delivery of justice. Therefore, a witness is obligated to take an oath in court to tell the truth when giving their evidence. If a witness deliberately misleads the court by making a false statement which is material to the case they can be found guilty of perjury and face up to seven years' imprisonment.

If a witness has given a statement in a police station and is asked to go to court, they are obligated do so. If the court believes the witness will not show up to court, they can issue a witness summons ordering the witness to attend court. The court can issue a warrant for the arrest of a witness if they fail to show up at court, as in this case the witness would be in contempt of court.

A witness is obligated to arrange time off from their work in order to attend court at the designated time and date. It is not mandatory for an employer to reimburse an employee who has to take time off work to be a witness. However, it is possible to get a witness allowance for loss of earnings from the court. A witness can also be reimbursed for some travel costs accrued in travelling to court, and they can be issued with a food allowance. If a witness has any concerns or problems about going to court, they are obligated to tell the person who notified them of their court appearance as soon as possible.

If a witness is due to be on holiday during the court, they have an obligation to attend regardless. The court recommends re-arranging the holiday or returning from the holiday in time to attend court. Ill health can make it impossible for a witness to attend court, and in these cases the witness is obligated to inform the court and produce a medical certificate from a GP.

An expert witness has extra obligations towards the court. They must write a report for the court and be prepared to appear in court if necessary. Their duty is to the court and not to the party who hired them to give evidence.

Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right lawyer for your needs.

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