Witness Summons

Securing the attendance of a witness at trial

All Contents > Witness Evidence & Questioning > Witness Protection & Support > Witness Competence & Compellability > Witness Summons > Hearsay

“where there is reluctance or a refusal to give evidence at trial, a witness summons can be granted by the magistrates or judge to secure the attendance of a witness, or the production of a document or other item at court.”

Witness Summons - how to secure the presence of a witness or document at court
The risks involved in summoning witnesses to court
Applying for a witness summons
Serving a witness summons
Objecting to a witness summons
Failure to comply with a witness summons
Anticipating failure to comply with a witness summons
Witness attendance at court but failure to testify
Links to further information

Witness Summons - how to secure the presence of a witness or document at court

It is the responsibility of the prosecution to ensure that prosecution witnesses who are required to give evidence actually attend to give evidence at trial. Similarly, it is the responsibility of the defence to get defence witnesses to court.

Most witnesses attend court voluntarily, but where there is reluctance or a refusal to give evidence at trial, a witness summons can be granted by the magistrates or judge to secure the attendance of a witness, or the production of a document or other item at court.

The term subpoena is no longer used.

The risks involved in summoning witnesses to court

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.

This means that the best approach, where possible, is to communicate with the witness and find out the reasons for their reluctance.

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.

For more on special measures go to Witness and Evidence and Support >>

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. 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.

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. 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 >>

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.

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.

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. Where a defence witness is reluctant, this will weigh heavily on any decision to apply for a witness summons, since calling a witness for the defence who proves unhelpful or obstructive could be disastrous for the defence case.