Have you witnessed a crime?

If you have witnessed a crime, the police will need to talk to you about what you saw and experienced.

That interview usually takes place at a police station, but it can also take place at the crime scene or over the phone. The police will type your statement, and you will have the opportunity to review it and sign it. Sometimes it will be necessary to interview you several times during the investigation.

If you are summoned to appear as a witness in court, you will receive a letter stating the time and place of the hearing. When you are summoned as a witness, you are obligated to appear in court.

Your statement is very important for the case. That is why you must attend the court hearing and describe what you experienced. Even if you have already given a statement to the police, you may be summoned to court to repeat it. Neither the judge, the defence counsel nor the prosecutor was present when you gave your statement to the police. It is important that they hear your statement in person rather than simply reading it in the police reports.

Before the hearing

Before you go to court, it is a good idea to think through what you experienced. If you have taken notes or received documents related to the case, you should review them. You are free to talk to family or friends about what you experienced, but be careful not to go into too much detail about the case. It could affect what you remember about the case, and there is a risk that you may start to feel certain about details that you were not previously certain about. You must not discuss the case with other witnesses until you have given evidence in court.

Where will the hearing take place?

The witness summons states where the case will be heard. It is a good idea to arrive at the courthouse well in advance so that you have time to find the right courtroom.

Inside the courthouse, you will find a court list showing where the case will be heard and when it is due to start. If you have any questions, there are always court staff members available to help you.

When you arrive at the courtroom

When you arrive at the courtroom, you must wait outside. You will be called in when it is your turn to give evidence. Some courthouses have special waiting rooms for witnesses where you are also welcome to wait.

Even if you have been given an appointment time, delays may occur. So be prepared for the possibility that you may have to wait for a while.

Inside the courtroom

When you give evidence, you sit in the centre of the courtroom in front of the judges. The defendant and the defence counsel typically sit to your left and the prosecutor to your right. Any members of the public attending the hearing will be seated behind you. What a courtroom might look like.

The judge will begin by asking for your name and date of birth to verify your identity. You will also find out who the prosecutor and the defence counsel are. The judge will then explain that you are required to make a statement and that you must tell the truth. Perjury is a criminal offence. As a rule, the prosecutor will ask you questions first. Next, the defence counsel will ask you questions.

Your task is to explain what you yourself have seen and experienced. You must explain what happened and answer the questions you are asked. You should only explain what you can remember yourself. Information that you have received from others or that you or others have assumed cannot be used as evidence in court.

If your testimony in court differs from what you previously told the police, you will be asked about it.

When you are summoned as a witness, you are obligated to appear in court. This applies even if you yourself believe that your information is not important or if you have previously given a statement about the matter to the police or in court.

Some courts have implemented security checks. This means that you will be searched upon entering the courthouse, and any personal belongings you bring with you – such as bags – will be inspected.

You may be fined if you fail to appear at the court hearing, including if this is because you are denied entry to the courthouse for refusing to undergo a search or to have your personal belongings inspected. You may also be picked up by the police and detained until you can be interviewed in court.

There are few valid reasons for not attending the court hearing, such as illness. A busy work schedule, attending courses, business meetings and similar commitments are not valid reasons for failing to attend court. If you booked a trip abroad before you received your witness summons, this will usually be considered a valid reason. You must be able to provide documentation.

If you have a valid reason for not attending, you must notify the court or the person who summoned you to the hearing as soon as possible. It is up to the court to determine whether you are legally prevented from giving evidence in court. You will usually be summoned to a new court hearing if you had a valid reason for not appearing.

Anyone called to give evidence in court must attend. If you are ill and therefore unable to attend, this is considered a valid reason. You must notify the person who summoned you or the court directly as soon as possible.

The court may ask you to provide documentation of your illness. You can do this by obtaining a medical certificate. It is up to the court to determine whether your illness is a valid reason. You will usually be summoned to a new court hearing if you had a valid reason for not appearing.

If you fail to appear in court without notifying the court, you may be fined. In some cases, the police may bring you to court, and you may be detained until you have given evidence.

You must appear in court even though in some cases you are not required to give evidence. This applies, for example, if you are a close relative of the defendant – such as a parent, child, sibling or spouse. The court will often be aware of this in advance, but if not, you can mention it yourself when you begin giving evidence. The judge will then decide whether you are to give evidence.

If you are a close relative, you may choose to give evidence even though you are not required to do so.

If you have committed a criminal offence, you are not required to give evidence about it unless you have already been convicted. The judge will normally inform you that you are not required to give evidence about your own criminal acts but that you are required to provide any other information about the case that you can.

In most cases, no special arrangements are needed when you give evidence in court. Nevertheless, if the court considers that special arrangements should be made for you, the prosecutor or your legal advocate (bistandsadvokat) will usually be able to discuss this with the court in advance.

If you experience harassment or threats because you are going to give evidence or have already given evidence, you must report this to the police immediately. Such incidents are taken very seriously.

In special cases, the police or the prosecution service may arrange with the court that someone will be available to greet you when you arrive at the courthouse. They may also arrange for you to wait in a separate waiting area.

May the defendant be required to leave the courtroom while you are giving evidence?

As a general rule, the defendant has the right to hear your statements. In very exceptional cases, the court may order the defendant to leave the courtroom while you are giving your testimony. This can happen, for example, in cases where there is a risk that you would otherwise be unable to speak freely.

If the defendant is required to leave the courtroom while you are giving evidence, they will either hear your evidence from another room or have your evidence read aloud to them.

May members of the public be denied access to the court hearing?

Criminal hearings are generally open to the public. This means that anyone may attend and observe the hearings. However, a witness may not be present during the proceedings until they have given evidence.

In special cases, the court may decide that members of the public must not be present while a witness is giving evidence. This is known as a hearing held as a private session.

The court may, for example, decide to close the courtroom to the public if it considers that giving evidence in public would expose you to unnecessary distress. If you have been the victim of rape, you are always entitled to have the hearing held as a private session while you give evidence. Your legal advocate or the prosecutor can ask the court on your behalf to hold the hearing in private.

If a hearing is held as a private session, only persons directly involved in the case may be present. Information disclosed during the hearing must not be shared with the public.

Reporting restrictions

If the court decides not to hold the hearing as a private session while you are giving evidence, it may instead decide to impose reporting restrictions (referatforbud). This means that the statements you make in court may not be reported publicly, for example in the media. Your legal advocate or the prosecutor may ask the court on your behalf to impose reporting restrictions.

Can your identity be concealed

In special cases, the court may decide that the defendant should not be given your name or address. If you believe that the defendant should not be given this information, you should contact the person who summoned you to the hearing or the court.

When you give evidence in court, you are entitled to compensation for your time. This is known as ”vidnegodtgørelse” (witness compensation) and currently amounts to DKK 80.00. The amount is calculated according to the number of hours you spend at court. The amount of DKK 80.00 covers up to four hours. If you spend more than four hours at court, you will receive additional compensation.

If you suffer a financial loss, for example loss of earnings by giving evidence, the court may increase the amount. You must be able to document your loss.

If you are employed in the public sector and give evidence as part of your work, you are not entitled to witness compensation.

If you live more than 3 km from the courthouse, your travel expenses will be reimbursed. If you travel by bus, train or ferry, you will be reimbursed for the cost of a standard-class ticket. As a general rule, taxi fares are not reimbursed. If you travel by car, you will receive reimbursement at the current rates (normally corresponding to the cost of the cheapest form of public transport).

The court decides the amount of compensation you are entitled to and pays it into your NemKonto account which is a Danish bank account designated to receiving payments from public authorities.