Providing a witness statement and giving evidence
Learn how to prepare and share your account of events. Here you’ll find guidance on how to provide a witness statement, what it means to give evidence, practical tips, and what happens after giving evidence.
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Providing a witness statement
If you agree to assist the HCPC with an investigation, you will be asked to provide a witness statement. You are also likely to be called as a witness in most cases if you are the complainant, or directly involved in the incidents where concerns about the registrant were raised.
You will first have a phone call with a HCPC Case Manager or instructed solicitors to explain what being a witness involves. If you decide to continue, you will be interviewed over the phone to share your account of events. The Case Manager will then draft your witness statement.
You will have the chance to review and amend the statement before signing it. At the end of the statement, it will confirm that you are willing to attend a hearing if needed. Usually, witnesses who provide a statement will be expected to attend a Final Hearing before a Conduct and Competence or Health Committee.
> See our factsheet for more information and guidance on providing a witness statement
Giving evidence
Your witness statement is an important part of the HCPC’s case. If the matter goes to a final hearing, the HCPC will confirm which witnesses are required. You are most likely to be called if you are the complainant, directly involved in the events, or if the registrant wishes to question you.
At the hearing, you may be asked questions about your statement. This allows the panel to understand your evidence and ask for clarification. You can refer to your witness statement and exhibits during your evidence. Cross-examination can feel challenging, but it is a necessary part of ensuring a fair hearing. A legal assessor will be present and can step in if questioning is inappropriate.
When you enter the hearing room, you will be asked to swear an oath or make an affirmation to confirm that your evidence will be truthful. You will then be seated and asked questions by the presenting officer and, if present, the registrant’s representative. Panel members may also ask questions.
We recognise becoming involved in a case as a witness can be daunting. It may be a difficult experience because of the nature of the case, the relationship between the witness and the registrant, and particularly where the allegation is linked to conduct directed at the witness.
Please talk to us about any questions or worries you may have, and how we can best support you in the fitness to practise process. You may be eligible for Special Measures to assist you with giving evidence in the hearing, please see Practice Note for further information.
> View Practice Note on Special Measures
> View Practice Note on Cross-Examination in Cases of a Sexual Nature
> View Practice note Conducting Hearings in Private
Taking an oath or affirmation
When giving evidence you must promise to tell the truth, either by:
Oath: Swearing on a holy book.
Affirmation: A secular promise and does not require you to swear on any holy book.
Both have the same effect. Please tell the Hearings Officer your preference before the hearing. If you have specific needs in relation to this, contact the Tribunal Service team in advance.
Tips for giving evidence
Whether you are giving evidence on behalf of the registrant or the HCPC, you may be cross-examined about what you have said. Panel members may also ask questions about your evidence.
Some questions may feel difficult, but they are important to help establish what happened, for the purpose of preventing another similar incident or concern in future.
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Here are some practical tips for giving evidence:
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> See additional information on what happens after a hearing and the potential outcomes
