Victims Walkthrough-The Trial

Frequently Asked Questions
 
  • What happens after the trial date has been fixed?
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    After the trial date has been fixed, the prosecutor will inform the police of the trial date. The police or a caseworker who works for the police will then let you know, usually in writing, which court you need to attend and the date of the trial. You should also receive a copy of the leaflet Witness Service's Going to Court and information about how to go get to the court and the facilities available there. Each Crown Court will also have a customer service officer who you can ask about facilities. You can find the number of the court in the phone book under Crown Court.

    You should receive adequate notice of the date of the trial but it is possible that you will receive little notice of the court date. Although this may be inconvenient it is very difficult to change court dates. Going to court to give evidence should take priority so you may have to rearrange things to make sure that you can attend.

  • Do I always have to go to court to give evidence if I have made a statement?
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    No. Sometimes the defence can agree your evidence. When that happens, the statement is read out to the court.

  • I was told that the defendant has pleaded guilty. Why am I having to come to court as a witness?
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    Sometimes the defendant admits the offence but does not admit doing everything that the prosecution say that he did. If this is likely to affect the sentence that the defendant will receive, the prosecution may ask the court to hold a hearing to decide the issue. This will often mean calling you to give evidence.

  • Do I need to do anything before going to court?
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    You should tell the police or police caseworker if:

    • you think you will need an interpreter;
    • you have a disability or other special needs; or
    • you would like to visit the court on a day before the trial starts. You can also arrange this with the customer service officer at the Crown Court or you can contact the Witness Service.

    You should not normally have to give your address in court when you give evidence. If there is a very good reason, and the court agrees, you can write down your name instead of saying it out loud. Tell the person who asked you to come to court if you are worried. You can also speak to the usher or a member of the Witness Service about this when you get to the court.

  • Can I visit the court before the day of the trial to see what it is like?
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    Yes. The Witness Service can offer you a visit to the court and where possible a look round a court room before you are called as a witness. This service is free and independent of the police or courts.

    Your Witness Care Officer will be able to put you in touch with the local Witness Service should like to speak to them at any point before the trial, or if you would like to visit the court. Even if you do not want help before the day of the trial you can use the Witness Service on the day you come to court.

  • What is the Witness Service and how can they help me?
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    There is a Witness Service in every magistrates’ court and Crown Court centre in England and Wales. This service is run by Victim Support, and helps victims, witnesses and their families before, during and after the trial. The Witness Service normally contacts witnesses before the court hearing to offer its services. Trained volunteers from the service provide a free and confidential service including:

    • someone to talk to in confidence;
    • information on court procedures;
    • a quiet place to wait before and during the hearing;
    • someone to accompany you into the court room when giving evidence;
    • practical help, for example, with expense forms;
    • to put you in touch with people who can answer specific questions about the case (the Witness Service cannot discuss evidence or offer legal advice);
    • a chance to talk over the case when it has ended and to get more help or information.

    You can find details of the Witness Service in the phone book under the name of the Court. Or you can contact the Victim Supportline on 0345 30 30 900 or by visiting Victim Support's website (www.victimsupport.org).

    It does not matter if you have previously turned down help from Victim Support and all their services are confidential and free.

  • What if I can't get time off work?
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    As it is not your choice whether to go to court and you are fulfilling a public duty your employer should normally give you time off work to go to court. You should let your employer know in advance that you are going to be called as a witness. You can show your employer the letter that you received from the police informing you that you are required to attend court, as proof that you have to attend court.

    If you are unable to persuade your employer to give you time off you should let the police know as soon as possible and the court may issue you with a witness summons, which means that you are legally required to attend court. You can then show this summons to your employer as proof of your duty to go. They want to avoid having to do this, so you should contact the police explaining the difficulty. Either the CPS or the police will contact your employer to try and sort things out.

    Although an employer is generally entitled to deduct pay from an employee who takes time off work, if you lose pay you could claim a witness allowance for loss of earnings.

  • What if I am going on holiday?
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    If the trial is due to take place when you are going to be on holiday it is often not possible to change the trial date and you will be expected to attend court, however inconvenient this is to you. To avoid this happening it is very important always to let the police or the CPS know in advance if you have any holiday plans. Although it is not expected that you should not make any holiday plans you are supposed to attend court even if the date clashes with your holiday. If there is a clash you could try to may have no option but to rearrange your holiday. A travel insurance policy may cover any loss for late cancellation of a booking.

  • What do I do if the trial is on a date when I will not be able to attend?
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    You should inform your Witness Care officer immediately so that the CPS can decide what needs to be done.

  • Do I have to attend court if I don't want to?
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    Yes. If you are warned to attend court and you don't attend, or you tell the police or CPS that you are not going to attend, a witness summons can be issued to compel you to go to court. If you don't attend court after a witness summons has been served on you, a warrant can be issued for your arrest. However, if there is a particular reason for you not wanting to go to court, you should tell the police so that the prosecutor can decide how to deal with it.

  • What if there is a problem I can't sort out?
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    If there is a problem that you really cannot sort out and you are unable to attend, you need to contact the person who asked you to appear as soon as possible in advance of the court case. The prosecutor will be informed and will do his or her best to sort the problem out. You should allow them enough time to make the necessary alternative arrangements.

    In this situation if your evidence is not crucial to the case you may be excused from attending. If your evidence is essential to the case, the lawyer prosecutor will have to decide whether to issue a witness summons for you to attend court or may to ask the court for and an adjournment. This means that the case will be heard at later date. However, the court may not grant an adjournment This is difficult to do especially if the defendant is in custody. As a result the case may have to be stopped.

    As a last resort, you may apply directly to the court hearing the case for confirmation that you do not need to attend. A fee is payable for such an application, which should be made before the date for the hearing.

    You should remember that your attendance in court could make all the difference to the outcome of the case.

  • What happens if I cannot afford to get to court?
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    You should inform your Witness Care Officer if you cannot afford to get to court. Arrangements will be made in advance to sort out travel at no cost to you.

  • What if I am ill?
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    If you are ill on the day of the hearing or trial you should contact the court and/or the person who has asked you to appear explaining that your illness is serious enough to prevent you from attending. You should also obtain a medical certificate. If the illness is likely to be prolonged you should inform the solicitor and ask him or her to make alternative arrangements for your evidence to be made available to the court.

  • What about childcare?
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    Your Witness Care Officer will carry out a full needs assessment to identify specific support requirements, such as child care, and help make any necessary arrangements.

  • Will there be facilities for people with disabilities?
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    If you have a disability that may make it difficult for you to attend court, travel to court or move freely around the court building or make use of the court facilities you should check with the court in advance about what facilities the court has for disabled people.

    If the facilities are inadequate you should tell the person who called you and see what alternative arrangements can be made. Courts are subject to the provisions of the Disability Discrimination Act 1995 and must provide a reasonable alternative method of making services available to disabled people, where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of them.

  • What should I take with me to court?
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    You should take the letter asking you to go to court, if you received one, and any other information you have been given about the court hearing. If you are told to do so, you should bring any exhibits you still have, such as stolen jewelry which may have been returned to you.

    You also need to take the address of the court and public transport details. Some courts do not have parking spaces. So, if you are taking a car, allow time to find a place to park and remember you may be staying several hours.

    You might also like to take something to read or do. You may have to wait before it's your turn to give evidence. You may also need money to cover costs like car parking and refreshments. Not all courts sell refreshments so you may have to make other arrangements.

  • Can I take someone with me to court?
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    Yes. If you like, you can take a friend or relative to keep you company. They won't be able to get expenses (such as travel costs) unless the court agrees he or she must be there. For example, you may need someone to look after your child while you give evidence, or to assist you if you are disabled or if you are aged under 17 years. You can check this with the person who asked you to come to court. The Witness Service is also available to your family and friends.

    Where possible, seating in the courtroom can be arranged for anyone going with you. If you are going to a magistrates' court, you can ask your Witness Care Officer to put you in touch with the court or the Witness Service. Or you can contact the court directly yourself. If you are going to the Youth Court, you can take a friend but they will not be able to go into the courtroom with you. If you are going to the Crown Court, ask the Customer Service Officer, or your Witness Care Officer.

  • What should I do when I arrive at court?
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    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 the letter asking you to come to court (if you received one). The receptionist will tell you where to wait. 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 the reception point. Ask the usher, Customer Service Officer or a member of the Witness Service if:

    you want to have a look in the courtroom before your case starts. You can do this first thing in the morning or at lunchtime;
    you are worried about meeting the other person or his or her friends or relatives. There may be a separate room where you can wait before and during the hearing.
    A representative from the Crown Prosecution Service will also introduce themselves to you, if this is possible.

    If you have made a statement and you want to see it before you give evidence, you will normally be allowed to. You should ask the CPS representative for a copy. The Witness Service can also help you to obtain a copy of your statement.

  • Am I allowed to talk to anyone?
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    You should not talk to anyone, especially other witnesses, about the evidence you will be giving before you go into the witness box. If you have discussed the evidence with other people, you might find when you get into the courtroom that your evidence is doubted. After your court appearance, please do not talk about your evidence with anyone else until the end of the trial. You can of course speak to police officers and lawyers dealing with the case.

  • What about breaks for meals or other things?
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    Please ask for a break whenever you feel you need one, or if you think you would like planned breaks, please tell a member of the Witness Service before giving your evidence.

    The court may have breaks during the day. During a break you should not speak about your evidence with anyone else. If you have not completed your evidence and it comes to lunchtime, you may be asked to have lunch separately from other witnesses in your case. If this happens a member of the Witness Service will be on hand to offer support.

  • Will I have to wait to give evidence?
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    The courts will aim to make sure you do not have to wait more than two hours before you are called to give evidence. However, some cases are delayed or even put off until another date. This may be because an earlier case has gone on longer than expected or someone else in the case has not arrived. If this happens you will be told. If you have any questions about what is happening, you can ask a member of the Witness Service, who will provide as much information as possible. If you are a prosecution witness, court staff or the representative of the CPS or other prosecuting authority will tell you about the delay and how long the wait is likely to be. Sometimes a defendant pleads guilty on the day of the trial so you cannot be told until the last minute that your evidence is not needed.

    In most courts, if you do need to wait, you are welcome to use the separate area away from the courtroom. In many courts, these rooms are more comfortable than sitting outside the courtroom. Often there will be a TV, and free tea and coffee will be available. In some courts there is space for you to sit on your own in a quiet environment. Please speak to the Witness Service who will be able to tell you whether there is a private room where you can wait at the court you are using.

    If there is some time to wait before your case starts, and you want to do so, you can sit in the public gallery of the courtroom 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 outside until it's your turn to give evidence. You must not hear the evidence of other witnesses before you give your own evidence.

  • When can I leave the court?
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    Don't leave the court until you are told that you are no longer needed. If you have an important reason to leave early, tell the person who asked you to come to court or their representative at court before the case starts. If you can't find them tell the usher. It may be possible for you to give evidence out of turn. However, this can't always be arranged.

    If you leave the court building for any reason, tell the usher.

  • Am I allowed to watch the trial I am a witness in before I give evidence?
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    Unless you are an expert witness attending court to provide a professional opinion, you are not allowed to watch the trial before you give evidence.

  • If I am giving evidence, can I listen to the trial and the sentence in the courtroom?
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    If you have been asked to give evidence, you will not be able to listen to the court case before you give your evidence. After you have given your evidence, you will usually be able to listen to the rest of the court case unless the court tells you otherwise. If you are unsure, please speak to the police officer helping with the case or a member of the Witness Service can find out for you.

  • If I am not giving evidence, can I listen to the trial and sentence?
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    Yes. If you are not giving evidence, you can sit in the public gallery of the courtroom at any point during the trial.

  • Who else will be in the courtroom?
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    In both types of court there will be a clerk of the court who helps to run the proceedings. In a magistrates' court the clerk also gives the magistrates advice on legal matters.

    You will also see court ushers who call witnesses, take messages and help to run the court. You can recognise them by their black gowns. There may be other people in the courtroom such as police and probation officers, newspaper reporters and members of the public.

  • Do they dress in wigs and gowns in the magistrates' court?
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    Wigs and gowns are worn in the Crown Court only.

  • Where will the defendant be?
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    In the magistrates' court, the defendant will either be sitting in the dock or on a bench near to his or her solicitor. In the Crown Court he or she will be sitting in the dock.

    If the facilities are inadequate you should tell your Witness Care Officer and see what alternative arrangements can be made. Courts are subject to the provisions of the Disability Discrimination Act 1995 and must provide a reasonable alternative method of making services available to disabled people, where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of them.

  • Will the defendant's family or friends be in court?
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    They may be in court, in the public gallery. If you want to stay to watch the trial after giving evidence, the prosecutor, Witness Service or other court staff will do their best to find you a seat away from the defendant's family or friends.

  • What happens if the defendant doesn't turn up?
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    Often the court will issue a warrant for the defendant's arrest and the trial will be postponed to another date. Sometimes however, the trial will go ahead in the absence of the defendant. Witnesses may be called to give evidence and the court will reach a verdict in the defendant's absence. Depending on the type of offence the court may sentence the defendant there and then or issue a warrant for his or her arrest.

  • Will the defendant get a copy of the statements as well as his lawyer?
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    If the defendant is represented by a solicitor, the CPS will send the solicitor an extra set of the statements to give to the defendant. If he or she is representing himself, the CPS will send the statements to him directly.

  • I did not make a statement, instead I was interviewed on video. Will the defendant get a copy of the video?
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    If the witness is a child, a copy of the video will be given to his solicitor who will give a legal undertaking to keep it secure and not give it to the defendant, although the defendant is allowed to watch the video. If the defendant is not legally represented, he will not be given a copy of the video but will be permitted to watch it under the supervision of the police.

  • I need an interpreter. Who will organise one?
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    Because you are a prosecution witness the CPS will organise an interpreter for you.

  • I am afraid about giving evidence?
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    It is common for people to feel anxious about giving evidence in court. Trained volunteers from the Witness Service are aware of this and will be at the court to help you. Other people who work at the court will also know that you may be nervous or afraid and will do what they can to make sure you are treated with respect and sensitivity.

  • I am afraid for my safety if I give evidence.
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    There are various measures that can be taken to protect the safety of witnesses. If you are worried about your safety you should contact the police who will talk to the prosecutor.

  • Do I have to tell the court my address?
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    No. Witnesses do not normally have to give their addresses in court. In very rare cases the defence may ask the witness to give his or her address, but they will need to get the permission of the court to do this. Unless there is a very good reason, the court will not give permission.

  • Can I sit down when I'm giving evidence?
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    Witnesses usually stand to give evidence. If you find standing difficult the court will usually allow you to be seated. If you would rather be seated, try and tell the prosecutor or CPS representative before the trial starts so that the prosecutor can ask the court if you can be seated. If you are unable to do this, you should ask the magistrates or judge if you can be seated after you have been sworn.

  • Will what I say be recorded?
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    In the magistrates court the clerk will make a written note of what you are saying. In the Crown Court a record of what is said is kept on a tape recording, though in some instances a shorthand writer will be present.

  • Will the defendant ask me questions?
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    If the defendant is not represented by a lawyer, he or she may ask you questions except where the case involves a sexual offence (or certain other offences involving a child) in which case a lawyer must ask the questions for him. In any other case, if he or she is represented, his or her lawyer will ask the questions. In anything other than very minor cases, most defendants will have a lawyer to represent them.

  • Will the magistrates or the judge ask me questions?
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    Sometimes they may, usually to provide more detail or to clarify something they are unsure about.

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