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Question Details: I have been summoned to be a witness in a court case. Can I stand up in court and say that I do not wish to make a statement? If I do, what will happen?
Filed under Criminal Law | 4528 View(s)
Community Law Wellington & Hutt Valley
No, generally you cannot refuse to speak in court as a witness. If the prosecution or the defence thinks that the evidence you will provide will be essential, they can ask the court to summon you to attend the court hearing and give evidence. This means that you have to give evidence at court.
If you have to give evidence in court, and refuse to without reasonable justification, the court may issue a warrant for your arrest and can imprison you. This information is available in a specific section of the Crimes Act www.legislation.govt.nz.
If you are uncomfortable about giving evidence in person at court, there are other alternative ways to present evidence, for example outside the courtroom or via video.
For more information, click on this link: www.communitylaw.org.nz.
The New Zealand Law Society also publishes a useful brochure called "Giving Evidence". Click here to read it: www.lawsociety.org.nz.
Answered 13 Nov 2012. The IMPORTANT NOTICE below is part of this answer.
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