Requiring Victim to Participate
A victim may find it difficult to testify in court. Victim testimony is often a very important part of the case against the accused.
It is up to the Crown prosecutor to decide whether or not a charge is worth proceeding on, regardless of the victim’s willingness to cooperate. This is referred to as ‘prosecutorial discretion’.
If the Crown prosecutor proceeds with charges, a victim may be required to testify in court about what happened and may receive a subpoena. A subpoena is an order of the court requiring a person to appear in court and give evidence. A victim must appear in court to testify at the time and date stated in the subpoena.
If a victim does not appear as required in the subpoena and refuses to testify:
- the court may issue a warrant for their arrest
- they may be held in contempt of court and face a fine, jail or both
See the Public Legal Education Association of Saskatchewan (PLEA) website for more information about Criminal Trials.
If you are refusing to testify and a warrant has been issued for your arrest, you may wish to seek legal advice.
The Crown prosecutor must follow all rules for issuing a warrant. See Criminal Practice Directive #4 for more information.
If you believe the Crown prosecutor has breached these rules, raise this issue with the court and submit a complaint.
Common Questions
See the Government of Saskatchewan webpage, Testifying in Court as a Victim or Witness of Crime, for information on the programs available to provide support.
Prosecutorial discretion includes the discretion to make decisions, including but not limited to whether or not to:
- prosecute a matter
- stay or withdraw a charge
- accept a guilty plea or a lesser charge
- appeal a court decision
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.