Witness Statement Declaration Template for England and Wales
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What is a Witness Statement Declaration?
A Witness Statement Declaration is a crucial document in English and Welsh legal proceedings, used to present written evidence to the court. It must be drafted in accordance with the Civil Procedure Rules and practice directions, containing a clear statement of the facts known to the witness. The declaration includes the witness's personal information, their evidence in chronological order, and must be signed with a statement of truth. Non-compliance with these requirements can result in the statement being inadmissible or the witness facing penalties for perjury.
About the Witness Statement Declaration
A Witness Statement Declaration is a formal legal document that allows you to provide written evidence to courts in England and Wales. Under the Civil Procedure Rules, this sworn statement serves as your testimony and can be crucial to the outcome of legal proceedings. You must structure your statement in numbered paragraphs, presenting facts chronologically and including only matters within your direct knowledge or belief.
When do you need this document?
You'll need a Witness Statement Declaration whenever a court requires your evidence in civil or criminal proceedings. This commonly occurs in personal injury claims, contract disputes, employment tribunals, family court matters, and criminal cases where written statements can substitute for oral testimony. The document is also essential when you're unable to attend court in person but your evidence is material to the case. Legal representatives often request witness statements during the disclosure phase of litigation to build their case strategy.
Key legal considerations
Your statement must comply with strict legal requirements under the Civil Procedure Rules. The statement of truth is mandatory - you must declare that the contents are true to the best of your knowledge and belief, understanding that false statements can result in contempt of court or perjury charges under the Perjury Act 1911. You should only include facts within your direct knowledge, clearly distinguishing between what you witnessed personally and what you believe to be true based on information from others. Hearsay evidence requires specific notice under the Civil Evidence Act 1995. Your statement must be signed and dated, with your full name printed underneath. Any exhibits should be clearly referenced and properly annexed to your statement.
Legal requirements in England and Wales
Under CPR Part 22 and Practice Direction 22, your witness statement must include specific formal elements: case details, your full name and address, your occupation, and a clear statement of truth. The main body must present evidence in numbered paragraphs following chronological order. CPR Part 32 governs the admissibility and use of witness evidence, requiring that statements stand as evidence-in-chief unless the court orders otherwise. You must comply with Data Protection Act 2018 and UK GDPR when handling personal information within your statement. The Criminal Justice Act 1967, particularly Section 9, sets additional requirements for criminal proceedings, allowing written statements to be admitted as evidence if certain conditions are met and no party objects.
GOVERNING LAW
Applicable law
This Witness Statement Declaration is drafted to comply with England and Wales law. Key legislation includes:
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