Can I Withdraw A Witness Statement I’Ve Made? The Case Hasn’T Been Filed Yet And No Arrest Has Been Made

[Taylor08]

I gave a witness statement to an assault I witnessed.
Due to the anxiety and worry it’s caused, I want to withdraw my statement. No arrest has yet been made and the case hasn’t yet been filed as it is still an ongoing investigation. Can I withdraw?

[ummmm]

If you're in the UK then no. You can change your statement but they keep the original.

[dannyk13]

https://www.citizensadvice.org.uk/law-and-courts/legal-system/going-to-court-as-a-witness1/you-might-have-to-go-to-court-as-a-witness/youve-given-a-witness-state
Scroll down to 'Change or withdraw a witness statement'

[Peter Pedant]

the URL is a bit short
but the relevant bit is

How to change or withdraw your statement
Tell the police officer in charge of the case as soon as possible.

The police might try and talk you out of it. This is because they want you to give evidence in court to help settle the case. Don’t feel pressured to do anything you don’t want to - you should do what feels right.

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect.

If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel. You might be able to get extra help in court - check if you can get extra help.


which I cant quarrel with
Note the case may go ahead regardless.

[Minkyme]

Sometimes the difference between having a violent felon behind bars where they can’t offend and having them loose on the streets where they can attack and kill depends on a witness and their statement.

[New Judge]

Whilst the CAB information is correct insofar as what you should do, their heading is misleading.

You cannot withdraw a statement you made as a witness. Once it’s made, it cannot be “unmade”. What you can do is make a second statement saying that the contents of the first were not correct.

If you do this you should be aware of the consequences. The police and the CPS have a number of options if they still wish to proceed with the matter:

1.They may just not use you as a witness. If they have sufficient evidence without your testimony they will still go ahead and it will have no impact on you.

2. If they believe your testimony is vital for them to secure a conviction and they still want to go ahead they will firstly ask you to attend for the trial. If you do not attend they may ask the court to adjourn the trial to a later date and to issue a Witness Summons against you. This means that if you fail to turn up for the later date you can be arrested and brought to court. They do not do this lightly or very often because the CPS is not generally in the business of having reluctant witnesses arrested but it’s important you are aware of this possibility.

3.If, having made a second statement refuting the first and you do attend court (either voluntarily or as a result of a summons) you may face close questioning about the discrepancies between your two statements and the reasons for them.

The course of justice relies very much on witnesses being prepared to attend court and give evidence. Often the very fact that the police have a statement is sufficient to encourage a guilty plea and no trial is necessary. Further down the line many defendants “put their hands up” (plead guilty) on trial day when they learn that the witnesses have attended. At the very least you should postpone your decision until you know (a) whether a prosecution is to take place and (b) whether the defendant has entered a Not Guilty plea. You never know, one day it may be you or yours who are dependent on witnesses in order for you to see justice served.