Witness in court
Going to court?
Going to court as a witness or as the victim of a crime can be a worrying experience,
particularly if it is your first time and you don’t know what to expect.
Court procedures can be confusing; the following information will help you cope
with giving evidence.
If the offender pleads guilty prior to his/her trial date, you will not be required
to attend to give evidence but must attend unless specifically informed not to by
an officer of the court.
You might be worried about being asked to appear as a witness but the court makes
it as straightforward as possible. You will be served with a witness summons by
the Process Server (usually a Police Officer) which tells you when and where the
trial will take place.
What should I do when I arrive at court?
Present your summons to the reception staff. They will direct you where to go. You
should be prepared for what could be a long wait before it’s your turn to give evidence.
You are not allowed to enter the court room prior to giving evidence. Report to
the attorney representing the party (or the Crown) for whom you have been summonsed
as a witness.
I am frightened of bumping into the defendant or a member of their family. Can I
sit away from the courtroom?
If you feel uncomfortable about sitting outside the courtroom, ask a member of the
court staff who will try to find a quiet area for you to wait.
What will happen when I go into the court?
You will be shown into the witness box. If you find difficulty standing, ask to
sit down. You will then be asked to take the oath – that is to swear to tell the
truth. If you prefer you can affirm – that is to promise to tell the truth.
If you are a witness for the prosecution, you will first of all be asked questions
by the prosecution. Then the defence will ask some questions. This is called cross-examination.
The magistrate or a judge may also ask you questions at any stage in the proceedings.
When will I be able to leave the court?
After you have finished giving evidence, you will be told you are released. This
means you are free to leave but you can stay and listen to the rest of the case
if you want to. You are not allowed to speak to other witnesses until they have
given evidence.
Do I need to bring anything with me to court?
If you have given a written witness statement bring that with you.
You should bring your witness summons with you.
Can I ask a friend to come with me?
Yes, you can ask a friend to go with you to keep you company. Your friend will not
be able to claim expenses.
It’s very important that you don’t talk to anyone in advance about the evidence
you are going to give as this could affect the trial.
I have difficulty understanding English. Can I get help?
If you have difficulty speaking or understanding English and think you will need
an interpreter, contact the courts or the prosecutor’s office and they will arrange
an interpreter for you.
Expenses
If you have been summoned as a witness for the Crown in a criminal case you are
entitled to a small daily attendance allowance