You open your mailbox and find an official-looking document. It’s a subpoena. You’ve been called to give evidence in a criminal case. Maybe you witnessed something. Maybe you know someone involved. Or maybe you have no idea why your name came up.

Your stomach drops. You’ve never been inside a courtroom. You don’t know the rules. You’re terrified of saying the wrong thing, of being accused of something, or of accidentally making things worse for someone. And honestly? That fear is completely normal.

But here’s what you need to know: being a witness is a serious civic duty, but you have rights and protections too. Understanding what’s expected of you—and what you’re entitled to—can take away a lot of that anxiety. Let’s walk through it.

What Does It Mean to Be a Witness?

A witness is someone who has information relevant to a criminal case. You might have seen something, heard something, or have documents or records that could help the court determine what happened.

There are different ways you might be involved:

• Witness for the prosecution: You’re called by the Crown to give evidence against the accused.
• Witness for the defence: You’re called by the accused’s legal team to support their version of events.
• Subpoenaed witness: You’ve been formally ordered by the court to appear, regardless of whether you want to or not.

What Is a Subpoena?

A subpoena is a court order. It’s not a request. It’s a legal document that compels you to do one of two things:

• Attend court to give evidence (called a subpoena to give evidence)
• Produce documents or records (called a subpoena to produce)

Sometimes you’ll receive both. Ignoring a subpoena is not an option. If you fail to attend court when subpoenaed, a warrant can be issued for your arrest, and you could be charged with contempt of court. That’s a serious offence with real consequences.

Your Rights as a Witness

You have rights. Don’t let anyone tell you otherwise.

• The right to be informed: You have the right to know why you’re being called and what information you’re expected to provide.
• The right to protection: If you feel intimidated or threatened, you can ask for protective arrangements. This could include giving evidence via video link or having a support person present.
• The right against self-incrimination: This is a big one. If answering a question might incriminate you in a criminal offence, you can refuse to answer. This is called the privilege against self-incrimination. But be careful—this privilege is limited, and the court can compel you to answer in some circumstances if you’re given a certificate protecting you from prosecution based on that evidence.
• The right to legal advice: If you’re unsure about your obligations or worried about incriminating yourself, you can—and should—seek legal advice before appearing in court.
• The right to be reimbursed: You may be entitled to claim expenses for attending court, such as travel costs or lost wages. Ask the court about this.

Your Obligations as a Witness

With rights come responsibilities. Here’s what the court expects from you:

• Attend court: If you’ve been subpoenaed, you must show up. No excuses unless you have a very good reason and the court has excused you.
• Tell the truth: This is non-negotiable. You must give honest evidence. Lying under oath is perjury, a serious criminal offence that carries potential imprisonment.
• Answer questions: Once you’re in the witness box, you’ll be asked questions by both sides. You must answer them fully and truthfully. You can’t pick and choose which questions to answer (unless the self-incrimination privilege applies).
• Bring required documents: If you’ve been subpoenaed to produce documents, you must bring them. Don’t destroy or alter anything.
• Be prepared: Review any statements or documents you’ve provided to police or lawyers before the hearing. Refresh your memory about dates, times, and details.

What Happens in Court?

When you give evidence, you’ll be sworn in or affirmed. This means you promise to tell the truth. Then you’ll be asked questions by:

• The party who called you: This is called examination-in-chief. They’ll ask questions to draw out your evidence.
• The other side: This is called cross-examination. They’ll test your evidence, challenge inconsistencies, and try to undermine your credibility.
• Re-examination: The party who called you may ask follow-up questions to clarify anything that came up during cross-examination.

The judge or magistrate may also ask you questions.

Here are some practical tips:

• Speak clearly and slowly.
• Answer the question asked. Don’t ramble or volunteer information.
• If you don’t know the answer, say so. Don’t guess.
• If you don’t understand a question, ask for it to be repeated or rephrased.
• Stay calm. It’s normal to be nervous. The court understands that.

What If You’re Worried About Self-Incrimination?

This is a common fear. If you’re worried that your evidence might incriminate you in a crime, you should speak to a lawyer before you appear in court. A criminal lawyer can advise you on whether to claim the privilege against self-incrimination and explain the consequences of doing so.

In some cases, the court can grant you a certificate that protects you from having your evidence used against you in a future prosecution. But this is a complex area, and you need expert advice.

You Don’t Have to Face This Alone

Being called as a witness can be intimidating. The courtroom is unfamiliar, the rules are strict, and the stakes feel high. But you don’t have to navigate it alone. A lawyer can explain the process, help you prepare, and advise you on your rights.

At Leanne Warren & Associates,we understand the stress that comes with being involved in criminal proceedings. Whether you’re worried about self-incrimination or simply want to know what to expect, our team of experienced criminal law solicitors can provide confidential advice and support. Contact us today to discuss your situation and get the guidance you need before you step into the witness box.