What does it mean to be a witness?

Why would you be asked to be a witness?

You may be asked to be a witness if you:

  • know something about a particular crime, incident or dispute, for example, because you saw it happen;
  • have specialist knowledge on a subject that would be useful in deciding the facts in a trial (you will then be an expert witness); or
  • you know one of the people involved in a case (you will then be a character witness). You would be asked to answer questions about, for example, how well you know the person and whether he or she is trustworthy.

What is it like to be a witness?

You may not know what to expect if you are called as a witness - or you may find it very different from what you expected.

This site will help prepare you for what will happen. It explains:

  • where to find more help and advice on being a witness;
  • where you will give your evidence - the different kinds of court;
  • who’s who in the courtroom and what some of the legal language means;
  • what happens before you go to court;
  • what happens when you are in court; and
  • what happens after you give evidence.

Remember: If you have given a statement and are then asked to go to court to give evidence, you must do so.

If you have any problems or concerns about going to court, you must let the person who asked you to go to court know as soon as possible. If you have to go to court but the court does not think that you will go voluntarily, they may issue a witness summons against you. If you still fail to go to court without a good reason, the court could find you ‘in contempt of court’ and issue a warrant for your arrest.

Help and information about giving evidence