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Police want a witness statement from me. Do I have to give one?

Voluntary accounts, suspect interviews, and court summonses in England and Wales

Last reviewed: 6 October 2026

Quick Answer: Giving a witness statement to police is usually voluntary before court. You can decline or take time to think. If you are interviewed under caution, you are likely a suspect, not a witness. Get legal advice.

What you should do now

Ask whether you are being treated as a witness or a suspect. If they want a written account, you can usually take time to think, read the statement carefully, and correct errors before you sign. If anything suggests you are under suspicion, stop and request a solicitor.

Voluntary witness statements

When police investigate a crime, they often ask bystanders, neighbours, or colleagues for a witness statement. In most cases that is voluntary. You can say you do not wish to be involved, or that you will consider it later. Police may follow up, but they cannot usually force you to write a statement before court proceedings begin.

If you do give a statement, tell the truth to the best of your recollection. Lying in a material particular can have serious consequences under the Perjury Act 1911 and related law.[3]

When you might be a suspect instead

Police sometimes start with "we just want a quick chat". If you are interviewed under caution, you are not a neutral witness. Anything you say can be used in evidence. Request a solicitor under PACE section 58 if you are detained or interviewed under caution.[4] See our voluntary interview risks page if you were invited to a station without arrest.

Court summonses

Once a case is in the criminal courts, the prosecution can apply for a witness summons so you must attend and give evidence.[2] The Criminal Procedure (Attendance of Witnesses) Act 1965 sets out related procedures for compelling attendance in criminal proceedings.[1] Ignoring a summons can lead to contempt proceedings. If you receive one, take advice promptly.

GOV.UK publishes general information on being a witness in criminal court, including special measures for vulnerable witnesses.[5]

Practical tips before you sign

  • Read every line. Ask for corrections if the officer misquoted you.
  • Stick to what you saw and heard, not guesses about motive.
  • Keep a copy of the statement if the officer offers one.
  • If you are worried about intimidation, tell the officer in the case or seek advice through official support channels.

When to get a solicitor

In my experience, the line between witness and suspect blurs quickly once police hear your name in the allegation. Get advice if your status shifts from witness to suspect, if you are cautioned, if you are asked to attend a station alone after an allegation involving you, or if you receive a court summons and are unsure of your obligations. My work is mainly for suspects and detainees in Kent, but I can signpost you if you need witness-specific help elsewhere.

Sources

  1. Criminal Procedure (Attendance of Witnesses) Act 1965—https://www.legislation.gov.uk/ukpga/1965/69/contents
  2. Magistrates' Courts Act 1980 s.97 (witness summons)—https://www.legislation.gov.uk/ukpga/1980/43/section/97
  3. Perjury Act 1911—https://www.legislation.gov.uk/ukpga/Geo5/1-2/6/contents
  4. PACE s.58 (right to legal advice when detained)—https://www.legislation.gov.uk/ukpga/1984/60/section/58
  5. GOV.UK: Being a witness in a criminal court—https://www.gov.uk/witness-criminal-court

General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA ID: 127795) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.

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