Twoje prawa jako świadka w sądzie
Being called as a witness can be stressful, but the law provides you with important rights and protections. Whether you are a prosecution witness, defence witness, or a witness in civil proceedings, understanding your rights can help you feel more prepared and confident.
Last updated: 2026-03-08
Your Rights
Right to Special Measures
Vulnerable and intimidated witnesses can apply for special measures such as giving evidence from behind a screen, via live video link, or with the help of an intermediary.
Right to Expenses
Witnesses are entitled to claim travel expenses, subsistence, and compensation for loss of earnings when attending court.
Right Not to Self-Incriminate
You cannot be compelled to answer questions that would tend to expose you to criminal proceedings (the privilege against self-incrimination), though this does not apply in all circumstances.
Right to Protection from Intimidation
Witness intimidation is a serious criminal offence. If you are threatened or harassed because of your role as a witness, report it immediately to the police.
Right to Support
You can receive support from the Witness Service (run by Citizens Advice) at court, who can explain the process, show you the courtroom beforehand, and provide emotional support.
Right to Refresh Your Memory
Before giving evidence, you are generally entitled to re-read your witness statement to refresh your memory.
Common Myths
You can refuse to attend court if you don't want to
If you have been served with a witness summons, failure to attend is contempt of court and can result in arrest. If you have concerns about attending, speak to the party who called you or the court.
You can be sued for what you say in court
Witnesses have absolute privilege for statements made during court proceedings. This means you cannot be sued for defamation for what you say in evidence, provided you are answering questions put to you.
The lawyer can bully you in cross-examination
While cross-examination can be challenging, the judge has a duty to intervene if questions are oppressive, irrelevant, or designed to humiliate rather than test your evidence.
What To Do
Read your witness statement
Before attending court, ask to re-read your original statement so the facts are fresh in your mind.
Contact the Witness Service
The Witness Service can arrange a pre-trial court visit, explain what will happen, and support you on the day.
Request special measures if needed
If you are vulnerable or intimidated, ask the solicitor who called you to apply for special measures such as screens or video link.
Claim your expenses
Keep receipts for travel and food. Apply for witness expenses through the court or the party who called you.
Report any intimidation
If anyone threatens or pressures you about your evidence, report it to the police immediately. Witness intimidation carries up to 5 years' imprisonment.
Key Legislation
- Youth Justice and Criminal Evidence Act 1999
- Criminal Justice and Public Order Act 1994
- Victims and Prisoners Act 2024
- Criminal Procedure Rules
Useful Contacts
Witness Service (Citizens Advice)
Free support for witnesses at every criminal court in England and Wales.
WebsiteCPS Witness Charter
Sets out the standards of care witnesses can expect from the Crown Prosecution Service.
WebsiteVictim Support
Emotional and practical support for victims and witnesses of crime.
Tel: 0808 168 9111
Website