Sometimes, people worry about whether they will be able to find
the building, or find their way around the building, or that they
will talk to the wrong person. It can make it difficult for them to
feel confident or calm when giving their evidence.
Being in court should not be a frightening or pressured
experience. If you think it might be, help and support are
available.
When you arrive
You will find clear signs to help you find your way around. All
cases are listed under the defendant’s name. Give the receptionist
or usher the name of the defendant and show them the letter asking
you to come to court.
The receptionist will tell you where to wait.There should be a
separate room where you can wait before and during the hearing. If
you are not already in touch with the Witness Service, you can
contact them when you get to court. If you need to speak to the
Customer Service Officer, ask at reception.
If you are a witness for the prosecution, a representative from
the Crown Prosecution Service (CPS) will usually introduce himself
or herself.
If you have made a statement and you want to see it before you
give evidence, you will be allowed to do so. If you are a
prosecution witness, ask the CPS for a copy. If you are a defence
witness, ask the defence lawyer for a copy. If it would be helpful
to you to have your statement with you when you give evidence, ask
the lawyer if this is possible in your case.
The usher, Customer Service Officer or Witness Service will let
you look in the courtroom before your case starts, if you want
to.You can do this first thing in the morning or at lunchtime.
Before you give evidence
The courts will try to make sure you do not have to wait more
than two hours before you are called to give evidence.
Do not talk to other people about your evidence before you go
into the witness box. It could make the court wonder if you have
made an agreement on what to say.You can speak to police officers
and lawyers (both prosecution and defence) dealing with the case,
although you cannot discuss your evidence with them.
If there is some time to wait before your case starts, you can
sit in the public gallery of the courtoom and listen to other
cases. If you do this, tell the usher where you have gone. Once
your case starts, you must leave the courtroom and wait until it’s
your turn to give evidence.You must not hear the evidence that
other witnesses give.
When it is your turn to give evidence
When your name is called to give evidence as a witness, an usher
will show you to the witness box. In the Crown Court, this will
usually mean that you are facing the jury.
You will be expected to stand up while you are giving your
evidence, and you should let one of the ushers know if you think
you will need to sit down.They will ask the judge or magistrate to
allow it.
You will then be asked to take the oath (if you are 14 or
over).This means you have to swear to tell the truth on the holy
book of your religion. If you prefer, you can affirm (promise) to
tell ‘the truth, the whole truth and nothing but the truth’.The
usher should ask you whether you want to affirm or swear on a holy
book before you go into the courtroom
He or she should also ask you about other rituals and practices
you may want to observe before giving evidence.
Giving your evidence
Giving evidence in court is usually not the same as when you
first made a witness statement. Instead, the lawyers will ask
you questions - and they may seem to repeat questions or ask
them in different ways. Please remember the following.
- In most cases, the defendant will have pleaded not guilty.Your
evidence will help the court to decide whether he or she is guilty
or not.
- If you don’t know or are not sure of the answer to any
questions you are asked, say so.You can ask the magistrates,
district judge or judge for advice.
- Don’t worry if you are told you cannot say certain things when
you are giving evidence.This is because there are some rules about
the kind of evidence the court can hear.
- Take your time and speak slowly and clearly.
- Ask for questions to be repeated if you don’t understand or
can’t hear.
- The magistrates, district judge or judge won’t know everything
about your case, so take care not to leave anything out of your
evidence.
- Witnesses are sometimes called to give evidence even when the
defendant has pleaded guilty.This happens when there is a
disagreement about the facts of the offence.
If you are called as a prosecution witness, the prosecution
lawyer will ask you questions.The defence lawyer will then ask you
questions (crossexamine you). If you are a witness for the defence,
the defence lawyer will ask his or her questions first, followed by
the prosecution lawyer.When one lawyer has finished his or her
questions, you will stay in the witness box.The judge (or
magistrate) will invite the other lawyer to ask you questions. Many
people are surprised or worried about the crossexamination by the
other lawyer. It is important to remember the following.
- It isn’t personal – it’s the lawyer’s job to make sure you have
not made a mistake.
- You are not on trial.The lawyers are not trying to make people
think you are stupid, or call you a liar. If the questions become
too aggressive, the lawyer who called you as a witness has a right
to ask the judge or magistrates to stop it.The judge or magistrates
can also ask the lawyer to stop the questions.
- Our law is based on the idea that a defendant is innocent until
proven guilty. Making sure a witness’s evidence really proves
something is an essential part of the process.
In most cases, the defendant will have a lawyer present and they
will ask you questions. However, defendants do have the right to
refuse legal representation and defend themselves, and this may
mean that they will question you.This is extremely rare and
normally only happens in very minor cases.
A defendant cannot cross-examine a victim, a child or a
‘protected’ witness (someone who has been a witness to the actual
offence) in cases involving a sexual offence (or certain other
offences involving a child). In these cases, a lawyer must ask the
questions for him or her.
What happens after you have given evidence?
Both lawyers will tell the judge or magistrates that they have
no more questions for you.The judge or magistrates will thank you
for your evidence and officially release you.This means that you
can leave the court.You can go home, or you can stay and listen to
the rest of the case.
However, if you are a witness at a trial or hearing in a youth
court, you will probably not be allowed to stay after you’ve given
evidence.
Most people are only asked to give evidence once in any trial or
hearing. However, if there is new evidence that means asking
witnesses different questions, you may be called back again.