Summoned to Give a Statement: What Should I Do?

A summons from the police or the public prosecutor is unsettling for most people. Yet the statement is the stage where, if rights are used correctly, the defence is built on its strongest footing. Preparation, not panic, is the key.

Do I Have to Comply?

Failure to comply with a proper summons may lead to a compulsory appearance order. The summons states in what capacity you are called — suspect, witness or victim — and this directly affects your rights.

Your Rights Before and During the Statement

Whatever your capacity, the following points matter:

• As a suspect you are entitled to defence counsel; upon request the bar association appoints a lawyer
• You have the right to remain silent and cannot be forced to incriminate yourself
• You have the right to learn the accusation against you
• Do not sign the record without reading it; ask for corrections where it differs from what you said
• You may ask that the statement not begin until your lawyer arrives

After the Statement

After the statement the file may proceed towards dismissal, an indictment or further investigation. Regular follow-up allows timely intervention against adverse developments. This article is for information only; consult a lawyer about your specific situation.