Victims Walkthrough - The Trial
Before the Trial
Under the system of law we have in England and Wales, it is the responsibility of the prosecution to bring a charge against a defendant and to prove beyond all reasonable doubt that the defendant committed the offence. This means that the magistrates or the jury cannot find a defendant guilty unless they are sure he or she committed the offence that the prosecution allege.
It is the role of the defence lawyer at trial to assess the prosecution's case, argue against it and where necessary provide their own evidence. One of the means of doing this, available to both prosecution and defence, is cross-examination of witnesses.
The Trial
Some witnesses may find this process arduous and upsetting, especially if they are accused of not telling the truth. However, it is important to recognise that a robust cross-examination is a necessary part of the process to ensure a fair trial takes place. However if cross-examination becomes overly aggressive, it is the duty of the prosecutor, defence lawyer or judge to intervene and put a stop to it.
The trial begins with the prosecutor outlining the facts of the prosecution case to the court. The prosecution will then call each witness in order. Before giving your evidence, you will be brought into court and asked if you wish to swear an oath on a holy book or to affirm.
The usher should already have asked you this before the start of the trial. You will swear or affirm that the evidence you are about to give is "the truth, the whole truth, and nothing but the truth".
The prosecutor will begin by asking you questions to try and bring out what is in your statement. When they have finished, the defence lawyer will have a chance to test the strength of the prosecution evidence. This is known as cross-examination.
They will then ask you questions to see whether or not you are telling the truth, are mistaken or do not remember things very well. Sometimes the prosecutor will want to ask some more questions after the defence lawyer has finished.
Giving Evidence
A magistrate or his or her clerk or the judge may also ask you questions. In a Crown Court trial the jury can write down questions which they pass to the judge. The judge then asks the questions for them. If something happens during the trial that means you need to be asked some questions that no-one had thought were relevant the first time you gave evidence, you might be asked to go into the witness box again.
After you have given evidence, you are usually free to leave the court and go home or return to work, although you can not leave without the court's permission. Sometimes, the prosecutor or, more rarely, the defence will ask you to stay, usually in case they need to ask you something later in the trial. If you do decide to leave court you must not speak to any witnesses who are waiting to give evidence.
Considering The Sentence
After listening to all the evidence the jury decides whether the defendant is guilty or not guilty. The judge decides on matters of law. If the defendant is found guilty or admits that they are guilty, the judge also decides on the sentence.
Concerns and Intimidation
It is a criminal offence to intimidate a witness, juror or anyone helping the police in an investigation. If you are harassed or threatened in any way before, during or after the trial, you should tell the police or the representative of the CPS. If you are not sure who to tell at court, tell the court usher.
If you are concerned about accidentally meeting friends or family members of the defendant at court, you should tell the court usher or a member of the Witness Service, who will try to find you a separate waiting area.
Where there is a history of intimidation or repeated offences, the police may be able to provide you with a panic alarm, mobile phone, telephone link line from your home to the police station, increased police patrols or 24-hour surveillance. In extreme cases, they can provide you with protective custody, short or long term relocation or even a change of identity.
The Sentence
If a defendant is found guilty of an offence he or she may be sent to prison or given one of a number of community sentences. A wide range of factors will influence what sentence is given. The age of the defendant, their background and criminal history, whether or not they pleaded guilty and whether they had shown any remorse can all influence the sentence given.
Some sentences particularly affect you because they involve some form of compensation. This can be either direct to you or to the community if you do not want it.