Introduction

If you’ve seen or heard a crime or been a victim of a crime, and you told the Police about this, the Police and the Crown Prosecution Service might decide that someone might have committed a crime, and the case must go to court. You might be asked to attend court to answer questions about what happened. You would be called a ‘witness’ and what you tell the court is your ‘evidence.’

Why does there need to be a court trial?

A trial happens when a person, called the ‘defendant,’ is accused of committing a crime. When a case gets to court, the defendant is asked to plead ‘guilty’ or ‘not guilty.’ If the defendant states that they are “not guilty,” a trial in court is needed to decide whether or not this is true. Evidence given by witnesses will help the court to reach a decision.

What sort of help will I be given before I go to court to give evidence?

After you have been called to give evidence in court, you should hear from the Witness Service. The Witness Service operates in every Crown, Magistrates’, and Youth Court, providing support for witnesses attending court.

The Witness Service will support you before you go to court to give evidence and also on the day of the trial. They can let you visit the court before the day of the trial so that you can see what it is like and learn more about what goes on there. They will explain what the judge, jury, and lawyers do and where they sit.

On the day that you give evidence, the Witness Service will meet you at the court and ensure that you have somewhere quiet to wait before you do so. They will also go with you to the courtroom when it is time to give evidence.

Do I have to go into the court room with the person that committed the crime?

If the judge thinks that it will be too difficult for you to give evidence in the same room as the defendant, they can ensure that “special measures” are put in place to help make it easier for you. Special measures can include:

• Having a screen around the witness box so that you don’t have to see the suspect or their family when you are answering questions
• Being able to give evidence by live video-link so you don’t have to be in the same room as where the trial is taking place
• The judge and lawyers removing their wigs and gowns to make you more comfortable
• Having someone, called an intermediary, be with you in court to help you understand the questions you are being asked and help people at court to understand what you are saying to them

What will happen at the hearing?

One at a time, the witnesses will tell the court what they know about what happened. There are two main types of criminal lawyers: The prosecutor, who must prove the defendant is guilty beyond a reasonable doubt, and the defence lawyer, who represents the defendant and tries to show that the prosecutor doesn’t have enough evidence to prove guilt. Both lawyers may ask you questions.

It’s important that you fully understand the questions being asked, so listen carefully. If you don’t understand a question, ask the lawyers to repeat or rephrase it. Answer the questions as clearly as possible, and always remember to tell the truth.

If you know the answer, tell the court. Say what happened, and try not to leave anything out. Never make anything up, and don’t guess. If you do not know the answer, it’s ok to say “I don’t know” or “I can’t remember”.

What will happen after you give evidence?

You can leave the court after you have given evidence. The judge will thank you for coming to court and giving evidence. A few weeks after the trial, you should be told by the Witness Service or the police whether the defendant was found guilty and, if so, what the judge and jury thought was the proper punishment. The punishment could be anything from a money fine or community service (where they have to work for free to help the community), to time in prison.

If the jury or magistrates decides the defendant is not guilty, he or she are usually free to leave.