How to write a witness statement

You can find some useful free information about what a witness statement is and how to draft one below. If you’re looking for a free template for a witness statement, you can download one here.

What is a witness statement?

A witness statement is simply a written statement of the evidence a person is able to give in relation to a particular matter. A witness statement should contain all the relevant information that the witness either knows or senses (ie saw, heard etc) in relation to the matter, and no irrelevant information.

What is the difference between an affidavit or a statutory declaration and a witness statement?

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Witness statements, affidavits and statutory declarations are all written statements of the evidence a person wishes to give. The difference is that affidavits and statutory declarations are signed in front of another person who is authorised by law to formalise the statement (confusingly, this person is called a witness!). For affidavits, the formal process is the taking of an oath (an appeal to a god or gods to tell the truth) or an affirmation (a solemn, non-religious promise). For statutory declarations, the formal process will depend on the legal jurisdiction but a witness is usually required to formalise the statement.

A witness statement does require anyone other than the person making the statement to sign it (ie there does not need to be a solicitor or justice of the peace or similar to “witness” the signature of the person making the statement). Sometimes a person making a witness statement will have another person witness their signature to the statement but this is not ordinarily necessary.

Are there penalties for making a false witness statement?

Making a false witness statement may not technically constitute “false swearing” (because, unlike with an affidavit, there is no oath or affirmation administered) or a breach of any Act relating to statutory declarations (because a witness statement is not a statutory declaration). However serious criminal penalties exist in many jurisdictions in relation to making a false document. A person who knowingly makes a false witness statement may breach these provisions, particularly if the statement is intended to influence government officials or falsely confer financial advantage on the person making it.

If a false witness statement causes the police to be diverted from the investigation of a criminal offence, this may constitute hindering an investigation which is itself a criminal offence in some jurisdictions. A false witness statement which causes people to waste time or money may also be a basis for a civil claim to be made against the witness.

Furthermore, if a false witness statement is adopted in court by the witness after they have sworn an oath or made an affirmation to tell the truth, this may constitute perjury. Perjury is a serious criminal matter. Convictions may result in a lengthy period of imprisonment.

There may be other sanctions for making a false witness statement, depending on the jurisdiction (for example, where a witness produces a false witness statement to a commission of inquiry this can be a criminal offence). For these reasons it is very important to make sure that the content of your witness statement is true and correct!

How should I complete this template witness statement?

Your witness statement should be divided into short, numbered paragraphs of easily readable length. Usually two to three sentences is appropriate. The matter or matters with which it deals should be dealt with in a logical order. Most often this means they are dealt with chronologically.

If your witness statement is made only to deal with a discrete issue as part of a larger matter about which you would be able to give more evidence then you should start by explaining that. For example, you could begin by saying “I make this witness statement in relation to the events of 1 January 2014.”

In the witness statement, you should use the language you would ordinarily use when writing. However the tone should be appropriately formal, having regard to the serious nature of the document. Above all, try to be as precise as possible.

Once you have finished writing the witness statement, you should read the completed document carefully to make sure it conveys your evidence accurately. Spelling should always be carefully checked. Finally, make sure the signature box does not appear on the last page by itself with no text above it. If this happens, place a page break before the last paragraph before you print it out.

Once you have finalised the text of the witness statement, you should print it out and mark any annexed documents or document bundle with the markings by which they are referred to in the witness statement (see below for instruction on using documents with your witness statement).

You should then sign and date the witness statement down the bottom where indicated. Make sure that the typewritten date at the top of the statement is the same date as the handwritten date at the bottom of the statement (as with an affidavit it is not appropriate to backdate or postdate the signing of the statement).

Finally, instructions for how to complete this witness statement have been included in the template in [square brackets with yellow highlighting]. These instructions must all be removed before finalising the statement!

Including documents in a witness statement

Where the witness wishes to give evidence of relevant documents, copies of these can either be annexed (ie attached with a staple or similar) to the witness statement or, where there are multiple documents, a separate bundle of these can accompany the witness statement.

To use annexures, at the appropriate point in the text of the witness statement, the witness should say:

“Annexed and marked “A” is a copy of [the description of the document eg the email I received from John Doe dated 1 January 2014].”

Subsequent annexures should be called “B,” “C” and so on. These document should all then be stapled after the last page of the body of the witness statement . The first page of each annexure should be marked with its letter up at the top by hand (“A”, “B” and so on). Page numbering should be continuous from the start to the finish of the affidavit (ie it should not restart at the beginning of the annexures or of any annexures).

To use exhibits, the witness should include the following text at the beginning of their witness statement:

For the purposes of this statement, I refer to a paginated bundle of documents marked “JD 1”. Where I refer to page numbers in this statement, I am referring to pages in “JD 1”.

The initials JD should be replaced by the witnesses initials. If the witness needs to make a second witness statement in relation to the same matter, the bundle of documents for that statement should be marked “JD 2” and so on.

All the relevant documents should be placed in the bundle, and the first page should be marked “JD 1” at the top. The bundle should be page numbered from start to finish beginning from page 1 (ie the numbers do not follow on from the last page of the text of the witness statement). The witness should then refer to particular documents in their witness statement like this:

“I received [the description of the document eg an email from John Doe dated 1 January 2014], a copy of which is at page 1 of JD 1.”

Using this witness statement in court

If you need to use a witness statement in court, you should be aware that some courts may have their own form of witness statement. If this is the case then you should use that form. Before using this form you should check the website of the relevant court to see if they have a witness statement form that you can use.

Frequently however the court will not publish a form for a witness statement. In that case, then you should use this form. If the witness statement is to be used for existing court proceedings then you should modify the details at the top of the first page of the witness statement so that the layout looks like the form of other documents used in that court (frequently this information will include the name and location of the particular court and the title of the proceedings ie the names of the parties to the proceedings).

Once the witness statement is completed

Sometimes it will be necessary to provide the original signed copy of a witness statement to the person who requires it. Other times a copy will be sufficient. If you provide a copy, make sure the original is safely stored away as sometimes it may be necessary to use the original even some years after it is signed. A witness statement is an important statement and it must be kept safe.