The Basics: Witness Statements
We’re all familiar with the concept of a witness statement, but what are the ins and outs of exactly what one is for and how do they work? Here we provide you with a comprehensive explanation of what a witness statement is and what they are for.
What is a witness statement?
A witness statement is a sworn testimony of a party that can be admissible in evidence in place of the party making the statement as that party’s evidence.
How should a witness statement start?
I [NAME] of [ADDRESS] am [STATE WHO YOU ARE]. The facts in this statement come from my personal knowledge.
Witness statement versus giving evidence in court
Although the circumstances of making a written statement are very different from that of giving evidence in court, the evidence is still on oath and the maker of the statement signs the witness statement to acknowledge that they know they can be prosecuted if they say anything in the statement that they know to be false or believe to be untrue.
Purposes of witness statements
A witness statement captures the witness’s recollection of what happened before they forget it. It is assumed what the witness records in their witness statement is true and accurate. Furthermore, reliance can be put on it.
A key function of the statement is to provide the witness with a reliable source to refer to should additional information be asked of them.
To refresh their memory when and if the case they are involved in comes to trial.
It tells both the prosecution and the defence what the witness will say if called to give evidence.
Where the evidence is uncontentious, it can stand in place of the witness at the hearing,
When should a witness statement be created?
Immediately! Or as soon as possible after the event.
Local Authorities may use PACE notebooks (a small book with numbered pages) to record the actual event whilst the event is taking place. It can be relied upon when transferring the PACE notes to an actual written statement.
Is there a limit to how many witness statements can be provided by one person?
No. And actually, capturing evidence in a series of witness statements rather than producing one compendious statement at the end of a long investigation is better.
What do I include?
Know what you need to say.
Know what you can’t say – any essential evidence that you cannot speak to, but which is covered by another witness.
Know what exhibits you have to produce.
Write chronologically.
Stick to facts facts facts!
Keep the language simple and user-friendly. Avoid specialist terminology or jargon that would require definition to a layperson.
Write your own witness statement. You'll be the only one giving evidence based on your witness statement, not your mates or work colleagues.
Ending a witness statement
"I believe the facts stated in this witness statement are true."
Sign and date.
Further reading
A little disclaimer on this article
This article is to provide information only and should not be relied upon as actual legal advice. We are not lawyers or solicitors.
