Witness Walkthrough - The trial

For more information about the trial process and giving evidence, browse through the frequently asked questions below.
 
  • What do 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 Witness Service, the usher or Customer Service Officer 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 feel anxious about anything or have questions about the court process.

    If you are a prosecution witness, a representative from the Crown Prosecution Service (CPS) will introduce themselves. If you are a defence witness, the defence lawyer or representative should be at court to meet you.

  • How long will the trial go on for?
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    There are many things that influence the length of a trial so it is not possible to say. Some larger cases where the offence is serious and there are many witnesses, go on for weeks. Even if the case goes on for a long time you will not be expected to attend court for that whole time, you will normally only have to attend court on the day that you have to give evidence.

  • What about breaks for meals and things?
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    The court will break for lunch, and may have other breaks during the day. During a break you should not speak to anyone about your evidence and you may be asked to have lunch separately from other witnesses in your case.

  • What if I need to leave the court?
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    You shouldn’t leave the court until you are told that you can do so. 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 or the Witness Service. 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 please remember to tell the usher.

  • Can I talk to other witnesses?
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    Do not talk to anyone 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 both the prosecution and defence lawyers dealing with the case.

  • Can I see my statement?
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    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 person who asked you to come to court for a copy of your statement, alternatively the Witness Service can help you obtain a copy.

  • Will I have to wait to give evidence?
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    The courts try to make sure you do not have to wait more than two hours before you are called to give evidence. But 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 your case has not arrived. 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. 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 need to wait some courts have a separate waiting room away from the courtroom that you can use. These rooms are often more comfortable and may have refreshment facilities. Witness Service staff or volunteers will be able to explain whether there is a private room for you to wait in.

    If there is some time to wait before your case starts you can sit in the public gallery of the courtroom and listen to other cases if you want to. You will not be able to do this if you are giving evidence in a youth court or if the defendant is a youth in a Crown Court case. If you decide to sit in the public gallery 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.

  • What happens if I start to feel anxious about giving evidence?
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    It is common for people to feel worried 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.

  • Am I allowed to watch the trial before I give evidence?
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    No. You will not be allowed into the actual courtroom before you have given your evidence unless you are an expert witness who has been called to give your professional opinion.

  • Who else will be in the courtroom?
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    In both types of court there will be a clerk to the court who helps run the proceedings. In a magistrates’ court the clerk also gives advice on legal matters. You will also see court ushers who call witnesses, take messages and help run the court.

    You may also see other people in the courtroom such as police, probation officer, newspaper reporters and members of the public. You might be surprised at how few people are in the courtroom. In the Youth Court or in the Crown Court where the suspect is a youth members of the public will not be allowed into the courtroom.

  • 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 their solicitor. In the Crown Court they will be sitting in the dock.

  • What is making an oath or affirming?
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    Before you give your evidence you will be asked to take an oath on a holy book of your choice, or if you prefer you can choose to affirm instead. The usher should ask you about your preference before you go into the witness box. You will swear or affirm that the evidence you are about to give is “the truth, the whole truth and nothing but the truth”.

  • I need an interpreter, will there be one there?
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    Yes. One will be arranged for you.

  • Will I have to say my name and address in court?
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    Normally you will be asked to say your name in court but you will not have to say your address. If there is a very good reason and the court agrees you may be allowed to write down your name instead of saying it aloud. If you are really worried about saying your name aloud, you should speak to the Witness Service or the clerk before you give your evidence.

  • Can I sit down when I give my evidence?
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    Usually witnesses stand in the witness box to give evidence but in some courts you can sit down. If you find it difficult to stand for long periods of time and would rather be seated tell the Witness Service, the lawyer or the usher before you give your evidence. If you are unable to do this ask the magistrate or judge if you can be seated before you give your evidence.

  • Can I have a break?
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    Please ask for a break whenever you need one. If you think that you will need planned breaks please speak to a member of the Witness Service before giving evidence.

  • Will what I say be recorded?
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    In the magistrates’ court the clerk will make a written note of what you said. In the Crown Court a record of what is said is kept on a tape recording but sometimes a shorthand writer may be present.

  • What is cross-examination?
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    If you are called as a prosecution witness, the prosecution lawyer will ask you questions. The defence lawyer will then ask you questions (cross-examine you). If you are a witness for the defence, the defence lawyer asks his or her questions first, followed by the prosecution lawyer. Once you have been cross-examined the lawyer who first questioned you may need to speak to you again to get more information.

    Many people are surprised or worried about the cross-examination by the other 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 stop it. The judge or magistrates can also ask the lawyer to stop the questions.

    Our law 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.

  • Will the defendant ask me questions?
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    In most cases, the defendant will have a lawyer present and they will ask you questions. However, the defendant does have the right to refuse legal representation and conduct their own defence, and this may mean that they will question you. This is extremely rare and normally only happens in very minor cases.

    A defendant cannot personally cross-examine a victim, a child or a ‘protected’ witness (someone who has been a witness to the actual offence) in cases involving a sexual offence (or certain other offences involving a child). In these cases, a lawyer must ask the questions for him or her.

  • How long will I have to be in the witness box?
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    It is not possible to give a time limit. It all depends on how many questions you are asked and how much information you give. You will usually only be called once to give evidence. However if something unexpected relating to your evidence comes up you can be called again to be asked further questions.

  • What happens after I have given evidence?
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    Once you have given evidence the court will release you from the witness box. You may be allowed to leave the court building but you should not leave until you are told you can. If the defendant is not a youth you may be allowed to stay and watch the rest of the proceedings. You will not normally have to give evidence again but you may be asked to stay if something new comes up whilst you are giving evidence.

  • What are the possible outcomes of the trial?
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    Not Guilty - The police will continue to investigate the crime and try to find who did it if they think there is more evidence to be found. Currently, a person cannot be tried twice for the same offence.

    Guilty - The offender is sentenced. The section on Sentencing gives more information on possible sentences.

    Retrial - It is possible that a retrial may be called. There are a number of reasons this could happen and the judge will outline the reasons at the time.

  • How do I find out about the verdict?
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    You should contact the person who asked you to attend court and they will tell you the result.

  • What does a custodial sentence mean?
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    This means that after being sentenced, the defendant is taken straight to the nearest prison, where the sentence will begin. If they spent time in custody before the trial, the time in prison is often counted as having started from the date they were remanded in custody. 16 - 21 year olds are sent to a Young Offenders Institution, rather than prison.

  • What influences the sentence given to the defendant?
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    The age of the defendant, their background and criminal history, whether or not they pleaded guilty, and whether they have shown any remorse, can all be taken into consideration when the defendant is sentenced.

  • How long will the offender spend in prison?
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    Under current law, offenders do not usually serve the whole of their sentence in prison. When a prisoner is released will depend on the length of their sentence, how much time they spent in prison before they were sentenced and whether they have passed a risk assessment for being released on licence or Home Detention Curfew (which involves wearing an electronic tag to check where they are after a certain time at night).

  • What are community sentences?
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    There is a wide range of community sentences:

    A Community Punishment Order – This means that the offender has to do a certain number of hours of unpaid work for the community. If they are in employment they will be expected to do it during their own time. The work is organised by the National Probation Service. If the offender breaches the order they may be taken back to court where they could be re-sentenced for the offence, which includes the possibility of a custodial sentence.

    A Community Rehabilitation Order – This means that for the duration of the order, the offender will be under the supervision of a probation officer. If they fail to comply with the terms of the order they may be taken back to court where they could be re-sentenced for the offence, which includes the possibility of a custodial sentence.

    An Attendance Centre Order – This means that the offender has to do certain activities while being supervised by an attendance centre officer. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.

    A Drug Treatment and Testing Order – A court can order this. It requires the offender to undergo treatment for their drug problem. This can be alongside another community sentence or on its own. It is available to offenders aged 16 or over.

  • What are the sentences for Young Offenders?
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    There is a wide range of sentences for young offenders:

    An Electronically Monitored Curfew Order – These are available for offenders aged 10 or over. They are intended to help break patterns of offending by keeping young offenders off the streets and out of trouble at times they are most likely to offend.

    A Detention and Training Order (DTO) – This means that the offender will usually serve the first half of the period of the order in custody and for the second half they will be under the supervision of someone from social services or the National Probation Service. If they are convicted of a new offence committed while under supervision, a court may order them to be detained in secure accommodation for the remainder of the order as well as sentencing them for the new offence. This is the main custodial sentence for 12 – 17 year olds.

    An Intensive Supervision and Surveillance Order – This targets the most prolific young offenders in England and Wales. It is the most rigorous non-custodial intervention available for persistent young offenders. For the duration of the order the offender will be supervised by a member of the local social services, National Probation Service or youth offending team. The programme involves surveillance up to 24 hours a day, seven days a week. The offender must also undertake at least 25 hours a week face-to-face supervision over the first three months. The supervisor should work with them in such a way as to reduce the risk of their re-offending. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.

    A Reparation Order – A Reparation Order requires a young offender to make reparation in kind either to the victim, if the victim wishes, or to the community. The victim, will be consulted about this. The Reparation Order might include, for example, writing a letter of apology, apologising in person, cleaning graffiti or repairing criminal damage. The victim does not have to give consent to reparation. Instead the court may order reparation to the community, in which case the offender will have to do a certain number of hours of unpaid work in the community. If they want, the victim can ask to be kept informed.

    An Action Plan Order – This is available for 10-17 year olds. It is a short intensive community based court order combining punishment, rehabilitation and reparation. This means that the court will set down a series of requirements that the offender has to comply with for a period of three months. It is designed to address the specific causes of offending. They will be under the supervision of a member of the local social services, National Probation Service or Youth Offending Team. The purpose is to rehabilitate them or prevent them from committing further offences. If they fail to comply with the terms of the order they could be taken back to court and fined for the breach or re-sentenced for the offence.
    As this order involves reparation, the victim will be consulted before any reparation is decided.

    A Referral Order – These are the main intervention for young offenders who plead guilty on their first court appearance, if they are not given a custodial sentence. They are referred to a community led panel that negotiates a contract with them covering reparation and steps to tackle their offending behaviour. If they agree a contract and carry it out the conviction is not recorded. If they do not agree, they are referred back to the court for re-sentencing.

    A Parenting Order – These are designed to help and support parents or guardians in addressing their child's anti-social or offending behaviour. The order can impose a requirement on the parent or guardian to attend counselling or guidance sessions for up to three months, and other requirements for up to a year, encouraging the parent or guardian to exercise a measure of control over the child. Failure to comply is an offence, which can attract a fine of up to 1000 pounds.

  • What are the other possible outcomes?
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    A Fine – this is an order to pay money to the court. This varies enormously depending on the circumstances of the crime.

    A Compensation Order – If someone is convicted, the criminal court may order the defendant to pay the victim compensation for any injury, loss or damage which they have suffered because of the offence. There is more information about getting compensation from an offender in the section on Compensation.

    Conditional Discharge – This means that although the defendant has not been punished for the offence, if they commit another offence within a time limit set by the courts, they could be re-sentenced for this offence as well as the new offence.

    Absolute Discharge – This means that although the defendant is guilty of the offence, the court took the view that no punishment was necessary. Reasons for this could perhaps be:

    • because of the circumstances of the crime;
    • the defendant's previous good character;
    • if the crime was very minor; or
    • if the defendant was very young, or very old.
  • What is Restorative Justice?
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    Restorative Justice is sometimes described a ‘problem solving approach’ to crime. It tries to make things good again (restore) after a crime, for victims, offenders and the communities that they live in. This approach focuses on encouraging offenders to take responsibility for what they have done, apologising and making amends to their victims and resolving to change their behaviour.

  • What is Reparation?
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    Reparation means that the defendant does something that is intended to go some way towards repairing the damage that they caused by committing the offence.

  • Can I claim expenses?
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    You can claim certain expenses for travelling to and from court, loss of earnings, an allowance for meals and possibly other financial loss. The amount of expenses that you can claim depends on the amount of time that you have had to be away from home or work to attend court. You can claim expenses only up to the time that the court says you are released.

    The closest relatives of victims of homicide may be entitled to having their expenses paid to enable them to attend the trial. Ask your local Victim Support branch about this.

    If you can’t afford to get to court on the day and need money for your travel in advance you should let the person who asked you to attend court know so that they can try and arrange something for you.

    If you have not received an application form for your expenses claim with the letter asking you to come to court, you can ask the Witness Service or the Court Customer Service Officer for a form.

  • Can the defendant appeal against the verdict?
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    An offender can appeal against the sentence or conviction or both.

    If the defendant is convicted in the magistrates’ court and appeals against the conviction, the whole trial will be heard again in front of a judge and two magistrates. You may have to give your evidence again. If it is only the sentence that is in dispute, a Crown Court judge will consider the appeal and decide whether to change the sentence or keep it the same.

    If the defendant appeals against a Crown Court conviction, the appeal will be heard by the Court of Appeal who will either quash the conviction which means it is no longer valid, order a retrial, which means the case has to be heard again, or leave the conviction as it is.

  • Will I have to give evidence again?
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    You might need to give evidence again if the appeal is to be heard in the Crown Court or the Court of Appeal. However it is unusual for the Court of Appeal to want to hear witnesses evidence again.

    You may also be called to give evidence again if the jury in a Crown Court trial cannot agree on a verdict or if the trial has to be stopped for some reason and a ‘retrial’ needs to take place. Retrials do not happen very often and you will be told if there is happens

  • Can the prosecution appeal against the verdict?
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    No. But if the prosecution (or defence) believe that the magistrates have reached a wrong decision because they have misinterpreted the law, the case may be appealed to the High Court to decide whether the magistrates were correct or not. If the High Court decides that the magistrates were wrong, it can order the magistrates to change the verdict. The prosecution cannot appeal against a Crown Court decision.

    Within certain limits, the Attorney General also has the power to refer cases where he feels that defendant has received an inappropriately low sentence, back to the Court of Appeal.

  • Is the appeal the end of the process?
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    If a defendant’s appeal is unsuccessful, they can make an application to the Criminal Cases Review Commission which considers alleged miscarriages of justice that have been through the appeals process. The Commission can refer the case back to the Court of Appeal if they consider there is a real possibility that a conviction or sentence would not be upheld.

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