Witness Walkthrough - Will it go to court?

Frequently Asked Questions
 
  • Are all prosecutions carried out by the CPS?
    top

    The Crown Prosecution Service is responsible for bringing most criminal cases to court. However, there are other organisations that carry out prosecutions, for example, The Serious Fraud Office and HM Customs and Excise.

  • Who will deal with the case?
    top

    The police send a file on the case (which will include your witness statement) to the Crown Prosecution Service. Here it will be read by a lawyer know as a Crown Prosecutor, who has to decide whether the case can be prosecuted. Some straightforward cases, where the defendant is expected to plead guilty in the magistrates’ court at the first hearing may be allocated to a Designated Caseworker. Designated Caseworkers are not lawyers, but they are specially trained. They deal with cases according to strict guidelines and act under the supervision of a Crown Prosecutor.

    If the case is more serious or the defendant does not plead guilty at the first hearing it will be allocated to a Crown Prosecutor.

  • Who will prosecute the case in court?
    top

    In magistrates’ courts, most cases will be prosecuted by a Crown Prosecutor, although if there is more than one hearing, it will not always be the same Crown Prosecutor who attends court.

    If the case goes to the Crown Court, a barrister will usually be appointed to prosecute the case on behalf of the CPS. A CPS caseworker will deal with the administration of the case and will support the barrister in court. The caseworker will usually be the person who makes contact with you at court and will answer any questions you may have.

  • So if I want information should I contact the CPS instead of the police?
    top

    The police will still usually remain your point of contact for queries. If you want to contact the CPS you will need to contact the local branch in the area where the offence took place and the police should be able to provide you with the details. Or you can contact the CPS central public enquiries point on 020 7796 8500 or email them at enquiries@cps.gov.uk. The enquiry point cannot answer questions about individual cases, but will try to put you in touch with someone in the relevant local office who can help.

  • Where can I get more information on how the CPS decide whether to prosecute?
    top

    You can find out more details of how prosecution decisions are reached in the leaflet “The decision to prosecute”. You can get a copy by calling the CPS Communications Branch on 020 7796 8023.

  • What does 'realistic prospect of conviction' mean?
    top

    A realistic prospect of conviction means that the magistrates, district judge or jury are more likely than not to convict the defendant. If there is not a realistic prospect of conviction the case will not go ahead.

  • What is the Code for Crown Prosecutors?
    top

    The Code of Crown Prosecutors sets out the basic principles that the Crown Prosecutors must follow when making prosecution decisions. You can get a copy by calling the CPS Communications Branch on 020 7796 8023.

  • What can I do if the CPS decide not to prosecute?
    top

    If, for some reason, the CPS decide not to start criminal proceedings against the offender, you are entitled to start your own private prosecution. The CPS does have the power to take over private prosecutions. You should get legal advice before you decide to start your own private prosecution. It could be very expensive, because Community Legal Service Public Funding (formerly legal aid) is unlikely to be available.

    Information about Community Legal Service Public Funding and how to apply for it is available from:

    The leaflet “A practical Guide to Community Legal Service funding by the legal Services Commission”
    The Community Legal Service (CLS) Directory, available at public libraries
    The CLS web-site: www.clsdirect.org.uk
    The CLS help-line on 0845 608 1122

  • What does the defence do?
    top

    A person suspected of a crime has the right to have legal representation but they do not have to. If they choose to have legal representation this means that a solicitor or legal representative can offer them legal advice and sit with them whilst they are being interviewed.

    Once a person is charged with an offence they are often referred to as a defendant. If the defendant decides to appoint a solicitor it’s the defence solicitor’s job to advise the defendant on the best course of action. If that is to plead not guilty, it's their job to defend the allegations and ensure that the defendant receives a fair trial.

    If the defendant decides to plead not guilty their lawyer (if they have appointed one) will start the defence’s case by evaluating all the prosecution evidence against the defendant and investigating to see if there are any witnesses that could help their case in court.

  • If I am a prosecution witness, will I have to see the defence solicitor?
    top

    There is no “ownership” of witnesses. If it turns out that your evidence might actually help the defence (i.e. mistaken identification evidence) the defence solicitor may request that you give evidence on behalf of the defence instead of the prosecution. You may not be happy about this but it is important to remember that both sides need to be able to show their evidence for a fair trial to ensure that the right person is convicted.

  • If I am a prosecution witness, will the defendant see copies of my statement?
    top

    Yes. If the defendant has legal representation copies of all the statements will be sent to the defence solicitor, who may then send copies to their client. If the defendant does not have legal representation the police will send copies of the statements straight to the defendant.

  • If I am a prosecution witness, will the defendant be given my address?
    top

    No. Under our present law the defendant is entitled to know the names of witnesses who are giving evidence against them but they are not entitled to know your address or other contact details. The police will record your address at the back of your witness statement but these details will not be included when they send copy statements to the defence.

DirectGov