In this section you can find out about giving evidence in court.
The information here will give you more insight into what it is
like to go to court. Your Witness Care Officer can also put you in
touch with your local Witness Service who may be able to arrange a
court visit before your trial date.
Her Majesty's Courts Service has a legal requirement to make
sure you have a separate waiting area and seat in the courtroom
away from the defendant's family, where possible. They will also
try to make sure that you do not have to wait more than two hours
to give evidence.
When you are called into the courtroom, you will be shown to the
witness box. You should stand up, but if you find standing
difficult, you should ask the magistrate or the judge if you can
sit down. You will then be asked to take the oath. This means you
have to swear to tell the truth on the holy book of your religion.
If you prefer, you can "affirm", that is to promise to tell the
truth.
You are likely to be called as a witness for the prosecution.
After you have taken the oath, the prosecution lawyer will ask you
questions first, then the defence will ask you questions. This is
known as cross-examination.
Many people are surprised or worried about the cross-examination
by the other party's lawyer. It is important to remember:
- 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 change their style of
questioning. The judge or magistrates can also ask the lawyer to
stop the questions.
The law in England and Wales 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.
You may also be asked questions by a magistrate, the clerk or
the judge. In a Crown Court the jury can write down questions for
the judge to read out.
Once you have given your evidence, the court will let you leave
the witness box and you may be told that you are released. This
means that you can leave. Although you will normally be free to go,
you might be asked to stay after you have given evidence if
something new comes up. You can stay and listen to the rest of the
case if you want to.
After both sides have presented all their evidence, the
prosecution lawyer and the defence lawyer will give closing
arguments to sum up their cases. Depending on where the case is
heard, the jury, the magistrates or the district judge will then
decide whether or not the defendant is guilty.
Your Witness Care Officer will let you know the result of the
case.