If you are nervous at the thought of attending court as a witness, then please remember that help and support is available. The evidence you provide to the jury can make a tremendous difference and will be greatly appreciated.
How will I know if I have to attend court?
If you will be required at court, the officers who are dealing with the investigation will let you know. We will tell you where and when the trial will be held, and give you additional support to help you prepare.
If you're a witness but not a victim of the alleged crime, it's less likely you’ll be needed to provide evidence in court. If the defendant pleads 'not guilty' however, or denies an important part of the charge, there is a good chance you will have to attend.
If I’m told I’m required to give evidence in court, do I have to go?
If you complete a witness statement with a police officer and are later asked to attend court to give evidence, then you must go.
If the court has reason to believe you are not going to attend the trial voluntarily, they may issue a witness summons against you. You may find yourself in contempt of court if you fail to appear after receiving the summons. This means a warrant will be issued for your arrest.
If you do have any worries about attending court, please inform the individual who requested your attendance as soon as possible.
I’ve heard there are different types of courts. Which one will I be attending?
The person that says you must give evidence in court will let you know which court to attend.
The three main types of court in which you may be required to give evidence are:
Magistrates Court – This is where most criminal cases that come to court are tried. The magistrate(s) will listen to your evidence and all other information, then decide the verdict and if applicable, the sentence.
Crown Court – This is where the most serious crimes are tried, of if the defendant has asked for his / her case to be tried by a jury. The jury will tell the judge their decision on the verdict, and if necessary, the judge will then decide the sentence. Some cases in magistrates’ courts get passed onto Crown Courts if the magistrates feel they do not have the power to set a sentence as severe as the crime deserves.
Youth Court – Defendants under the age of 18 are tried in a youth court by magistrates or a district judge. If the crime is very serious or the youth is being tired with an adult however, they must attend an adult magistrates’ court or Crown Court.
Who will be in the courtroom?
Aside from the magistrates / jury and judge, there will be you and any other witnesses, the defendant, lawyers for both the defence and prosecution, the clerk of court to organise proceedings, and court ushers who fetch other witnesses.
Police officers, probation officers, members of the Witness Service, journalists and members of the public (if there is a public gallery) may also attend.
What will happen before I go to court?
Due to tight schedules, people do not tend to know the exact date and time of a trial until the afternoon before. When you gave your witness statement however, you will have been asked what dates you are available to attend court.
If you are a defence witness, the defence lawyer will contact you to let you know the time and date.
If you are a prosecution witness, you will initially receive a ‘Witness Warning’ letter from us, which gives a rough date for the trial. It’s unlikely you will receive more than two weeks’ notice of the trial date, but the lawyer should be able to tell you if the case will be heard on the first week or second week.
Leave from work – If you need to take time off work, show your employer the ‘Witness Warning’ letter as proof. If you lose pay as a result, you can claim witness allowance for loss of earnings.
Holidays – You will be expected to attend court regardless of holiday plans.
Illness – If you happen to be too ill to give evidence on the court date, you need to let the clerk of court know as soon as possible. Next, ask your GP for a medical certificate to send to the officer who asked you to attend.
What is the Witness Service?
The Witness Service is run by Victim Support, and provides all witnesses with valuable help and information.
You aren’t allowed to discuss your evidence with them, but they provide someone for you to talk to about your feelings, as well as practical help, information on court procedures, and easier access to contacts within the court.
If you want, the Witness Service can also arrange for you to visit the court before the trial date.
Is there help available in court for ‘vulnerable’ witnesses?
A ‘Vulnerable’ witness may include:
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A person aged 17 and under
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A person suffering from mental illness
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A person with a physical disability or a physical disorder
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A person who has limited understanding
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An 'intimidated' witness.
For information on what help is available, please visit the Witness Protection section.
Can I claim any expenses for my appearance?
Yes you can claim expenses, but the amount depends on the length of time you were required to be away from work or home to give evidence.
Claims can be made for travel expenses, food, loss in wages, and other financial loss such as childcare.
If you are a defence witness, ask a member of staff at the court for a claim form.
If you are a prosecution witness, ask the relevant CPS representative for a claim form when you get to court. If possible, you will be paid 5-10 working days after the CPS receive a correct form.
What do I do when I arrive at court?
Visit the reception and give staff the name of the defendant, who will then tell you where to wait. If you feel uncomfortable waiting outside the courtroom, inform the court usher or your Witness Service representative, who will then find you a quiet area.
If you are a prosecution witness, it is likely a CPS representative will meet you at the court and introduce themselves.
Remember not to talk to anyone about the evidence you are about to give, as this could possibly affect the trial.
How do I give evidence?
If you have made a statement and would like to review it before entering the courtroom to give evidence, this can be arranged. Ask the police officer or court usher if you can have a copy.
You cannot enter the courtroom during your case until it is your turn to give evidence. When it is your turn, you will be shown to the witness box, where you must swear to tell the truth on the bible or promise to tell the truth.
Giving evidence in court is different from making a statement with the police. Instead, you will be asked questions by both the prosecution lawyer and the defence lawyer. The magistrate, court clerk and district judge can also ask you questions at any time.
Remember to speak clearly and concisely, and don’t be afraid to ask to have the question repeated if you mishear or don’t understand.
What happens after I have finished giving evidence?
Once you have finished giving evidence the magistrate or judge will release you, but you have the right to stay and listen to the rest of the case if you want to.