Court Witness

GIVING EVIDENCE

WHERE DOES EVERYONE SIT?
The Magistrates sit behind a raised bench and the witness box is usually to one side, near the front of the Court. In the Crown Court, lawyers and judges wear wigs and there is an area for the jury to sit.

BEFORE YOU GO TO COURT
· Take all papers you have about the case with you.
· If you think you will need an interpreter, ask Jones Knowles Warburton.
· Make sure you have the address of the Court.
· Be prepared for quite a wait before its your turn to give evidence. You may want to take a book or magazine to read.
· If you like, you can take a friend to keep you company. Your friend won’t be able to get expenses (such as travel costs) unless the Court agrees he or she must be there, for example to look after your child while you give evidence or it you are disabled. Check now with the person who sent you the papers.
· You should also tell Jones Knowles Warburton straight away if, for a good reason, you do not wish to state your name or address publicly when you come to give evidence. It may be possible to arrange for these to be given in writing. Tell the representative from Jones Knowles Warburton when you get to Court.

WHEN YOU ARRIVE AT COURT
Give the receptionist or usher your name and the name of the defendant and show the papers you have brought with you, so they can tell you where to wait and ask Jones Knowles Warburton to be informed.
· It is much better not to talk to anyone about the evidence you will be giving in case you are asked about this in Court. If you have discussed the case with other people you might find when you get into Court your evidence is doubted. (You can of course speak to solicitors or other people dealing with the case).
· Don’t leave the Court until you are told that you are no longer needed.
· If you have an important reasons to leave early, tell the usher before the case starts. It may be possible for you to give evidence out of turn. However, this can’t always be arranged.
· If you want to have a look in the Court room before your case starts, you can do this first thing in the morning or at lunchtime.
· If there is some time to wait before your case starts you can sit in the public gallery of the Court room and listen to other cases. Once your case starts you have to leave the Court room and wait outside until it is your turn to give evidence.
· If you have made a statement and you want to see it before you give evidence, you will normally be allowed to. Ask Jones Knowles Warburton to get a copy.
· 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 an important person in the case has not arrived. Sometimes a defendant pleads guilty on the day of the trial so witnesses are told at the last minute that their evidence is not needed.
· If you leave the Court for any reason tell the usher and Jones Knowles Warburton.

WHEN YOU GIVE EVIDENCE
When you are called into the Court you will be shown to the witness box. You should stand up. If you find standing difficult, ask to sit down. You will then be asked to take the oath, that is to swear to tell the truth on the Bible or the Holy Book of your religion. If you prefer you can affirm, that is to promise to tell the truth. If you want to do this you can either tell the Court when you are in the witness box or tell the usher before you go in.

Remember
· The defendant will have pleaded not guilty. Your evidence will help the Court to decide whether he or she is guilty or not.
· Say if you are not sure of the answer.
· Take your time and speak slowly and clearly.
· Ask for questions to be repeated if you don’t understand or can’t hear.
· You can ask the Magistrates or the judge for advice.
· The Magistrates or judge won’t know anything about the case, so take care not to leave anything out of your evidence.

Witnesses for the prosecution will be asked questions by them first. Then the defence will ask some questions, this is called cross-examination. When the cross-examination has finished, the prosecution may ask you a few more questions. If you are a witness for the defence, the defendant’s solicitor or barrister asks you questions first. A Magistrate or his 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. He then asks the questions for them.

After you have finished giving evidence you may be told that you are released. This means that you are free to leave but you can stay and listen to the rest of the case if you want to.

Sometimes you might have to stay after you have given evidence. This usually only happens when something new has come up while you are giving evidence.

EXPENSES
You can claim expenses for travelling to Court, and there is an allowance for meals and other things related to your appearance in Court, such as lost wages. If you haven’t already got a claim form, ask the solicitor or barrister how your expenses will be paid. In some cases advance payments can be made.


	GIVING EVIDENCE WHERE DOES EVERYONE SIT? The Magistrates sit behind a raised bench and the witness box is usually to one side, near the front of the Court. In the Crown Court, lawyers and judges wear wigs and there is an area for the jury to sit. BEFORE YOU GO TO COURT · Take all papers you have about the case with you. · If you think you will need an interpreter, ask Jones Knowles Warburton. · Make sure you have the address of the Court. · Be prepared for quite a wait before its your turn to give evidence. You may want to take a book or magazine to read. · If you like, you can take a friend to keep you company. Your friend won’t be able to get expenses (such as travel costs) unless the Court agrees he or she must be there, for example to look after your child while you give evidence or it you are disabled. Check now with the person who sent you the papers. · You should also tell Jones Knowles Warburton straight away if, for a good reason, you do not wish to state your name or address publicly when you come to give evidence. It may be possible to arrange for these to be given in writing. Tell the representative from Jones Knowles Warburton when you get to Court. WHEN YOU ARRIVE AT COURT Give the receptionist or usher your name and the name of the defendant and show the papers you have brought with you, so they can tell you where to wait and ask Jones Knowles Warburton to be informed. · It is much better not to talk to anyone about the evidence you will be giving in case you are asked about this in Court. If you have discussed the case with other people you might find when you get into Court your evidence is doubted. (You can of course speak to solicitors or other people dealing with the case). · Don’t leave the Court until you are told that you are no longer needed. · If you have an important reasons to leave early, tell the usher before the case starts. It may be possible for you to give evidence out of turn. However, this can’t always be arranged. · If you want to have a look in the Court room before your case starts, you can do this first thing in the morning or at lunchtime. · If there is some time to wait before your case starts you can sit in the public gallery of the Court room and listen to other cases. Once your case starts you have to leave the Court room and wait outside until it is your turn to give evidence. · If you have made a statement and you want to see it before you give evidence, you will normally be allowed to. Ask Jones Knowles Warburton to get a copy. · 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 an important person in the case has not arrived. Sometimes a defendant pleads guilty on the day of the trial so witnesses are told at the last minute that their evidence is not needed. · If you leave the Court for any reason tell the usher and Jones Knowles Warburton. WHEN YOU GIVE EVIDENCE When you are called into the Court you will be shown to the witness box. You should stand up. If you find standing difficult, ask to sit down. You will then be asked to take the oath, that is to swear to tell the truth on the Bible or the Holy Book of your religion. If you prefer you can affirm, that is to promise to tell the truth. If you want to do this you can either tell the Court when you are in the witness box or tell the usher before you go in. Remember · The defendant will have pleaded not guilty. Your evidence will help the Court to decide whether he or she is guilty or not. · Say if you are not sure of the answer. · Take your time and speak slowly and clearly. · Ask for questions to be repeated if you don’t understand or can’t hear. · You can ask the Magistrates or the judge for advice. · The Magistrates or judge won’t know anything about the case, so take care not to leave anything out of your evidence. Witnesses for the prosecution will be asked questions by them first. Then the defence will ask some questions, this is called cross-examination. When the cross-examination has finished, the prosecution may ask you a few more questions. If you are a witness for the defence, the defendant’s solicitor or barrister asks you questions first. A Magistrate or his 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. He then asks the questions for them. After you have finished giving evidence you may be told that you are released. This means that you are free to leave but you can stay and listen to the rest of the case if you want to. Sometimes you might have to stay after you have given evidence. This usually only happens when something new has come up while you are giving evidence. EXPENSES You can claim expenses for travelling to Court, and there is an allowance for meals and other things related to your appearance in Court, such as lost wages. If you haven’t already got a claim form, ask the solicitor or barrister how your expenses will be paid. In some cases advance payments can be made.