Unlike the prosecution, the defence do not serve their witness statements on the prosecution ahead of the trial (they only serve details of who their witnesses will be) and they are under no compulsion to call these witnesses. If an absent witness is crucial to proving the prosecution case, or if the case cannot otherwise proceed without the witness, then the case is likely to be discontinued or (if permitted by the court) adjourned if the witness cannot be located and brought to court, or if a decision is made not to summon them to attend. In domestic abuse and certain other cases, the CPS will carry out a risk assessment concerning the witness before making an application for a witness summons. This can include making an application to rely on the witness’s written statement as their evidence at the trial - for more on this go to Hearsay > If gentle persuasion does not work, then an application for a witness summons can be made, but only as a last resort where all other avenues have been exhausted. Unless the prosecution have good grounds to dispense with the witness, such as where they believe the witness is no longer a witness of truth, the witness will have to be brought to court. The prosecution are under a duty to call those witnesses whose witness statements have been served as part of the prosecution case and which the defence have identified as being required to attend. If the witness’s concern is due to fear or anxiety, then ‘special measures’ can be applied for (such as screens or live video link) to make the whole experience less daunting.įor more on special measures go to Witness and Evidence and Support > This means that the best approach, where possible, is to communicate with the witness and find out the reasons for their reluctance. There is always a risk involved in compelling a witness to give evidence, since a witness who refuses to attend trial voluntarily may prove to be uncooperative with any party who summons them to do so.
The risks involved in summoning witnesses to court
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