Being a witness
Thursday 11 September 2008
Do you have to go to court because you witnessed a crime? n2k runs down what you could expect to happen.
What is a witness?
A witness isn’t only a person who saw a crime– a witness can also:-
- Know something relevant to the crime, whether they saw it or not.
- Have specialist knowledge
- Know a person involved in the case – these witnesses are called ‘character witnesses’.
The witness service
The Witness Service helps witnesses, their family and friends before, during and after a hearing. It is run by Victim Support and its members will be there for you throughout the whole case.
If you feel confused, scared or worried about the crime you witnessed then contact The Witness Service. They also have an interactive game on their website called 'How are you feeling' which could set your emotions straight.
It’s a confidential and free service, so make the most of it – watch the video for more information.
Witness protection
It is a criminal offence to intimidate a witness during trial. Don’t be scared if this happens to you and tell the police straight away. They work closely with the courts to keep you safe and if they feel that you’re in danger, then they could keep your identity hidden throughout the entire court case.
What should you take to court?
Make sure you’ve brought everything you’ve been told to bring. This may include your court letter and any objects or belongings which are relevant to the court case.
Be prepared for a long wait.
How will you give evidence?
This depends on different factors of the court case including the type of charge, your age and role in the trial. You may be able to give evidence through a TV link but this is usually not offered unless asked.
Both the judge and magistrate can ask you questions and most of them will require you to give deep and specific answers.
If there is more than one hearing you won’t have to go to all of them, unless you want to of course, in which case you can contact your Witness Service representative for further information.
Who will be in the court room?
Again, the people in the courtroom depend on what kind of case is being dealt with. There may be a whole bunch of people in there including:
- The judge or magistrate – an official who controls the goings on in the court room.
- Prosecutor – presents the case and allegations to the court.
- Defence counsel – the figure who represents the accused.
- Defendant – the accused.
- Court staff
- Security officers
What kind of court?
The court that you will give evidence in depends on the situation of the accused person.
If the accused is under 18 then cases will take place in the Children’s Court. Meanwhile, cases in the Magistrate’s court are for defendants aged over 18 years old who committed a ‘simple offence’. The first stages of an ‘indictable offence’ which is more serious, could take place here as well.
District and Supreme courts only deal with extremely ‘indictable offences’ that require a judge and jury and which could last for a significant amount of time.
Remember!
Don’t let your nerves get the better of you. If you listen to the questions and answer them as clearly and as honestly as possible, you’ll be fine in the witness box!
