Giving evidence
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.
Special Measures – help with giving evidence
Children under 17, victims of sexual offences and people with communication difficulties may need help with giving evidence. Some people find the process of giving evidence in court particularly difficult or daunting for reasons such as the nature of the crime or their relationship with the defendant. These people (described as vulnerable or intimidated witnesses), may be allowed to use “special measures” to help them give their evidence in the best possible way.
The special measures that may be available are:
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Screens around the witness box. A screen is placed around the witness box to prevent the witness from having to see the defendant.
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Evidence via live link. The Witness can sit in a room outside the courtroom and give their evidence via a live television link to the courtroom. The witness will be able to see the courtroom and those in the courtroom can see the witness on a television screen.
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Video recorded evidence in chief. The witness’ main oral evidence is videotaped and played to the court.
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Removal of wigs and gowns. The judge and lawyers in the Crown Court do not wear gowns and wigs so that the court feels less formal.
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Evidence given in private. This is when members of the public are not allowed in the court room.
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Use of communication aids. For example an alphabet board.
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Examination through an intermediary. An intermediary is someone who can help a witness understand questions that they are being asked, and can make his or her answers understood by the court. This is currently being piloted.
These special measures are gradually being introduced in Magistrates’ Courts in England and Wales. Most have been available in Crown Courts since July 2002.