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Going to court: what to expect

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Giving evidence

What do I need to know about giving evidence?
If you have made a statement and would like to see it before you give evidence, you will normally be allowed to. If you are a prosecution witness, ask the Crown Prosecution Service (CPS) for a copy. If you are a defence witness, ask the defence representatives for a copy.

Important note: You should not talk to anyone, especially other witnesses, about the evidence you will be giving before you go into the witness box. If you have discussed the evidence, you might find when you get into court that your evidence is in doubt. (You can of course speak to police officers and lawyers dealing with the case.)

If there is some time before your case starts, you can sit in the public gallery of the courtroom and listen to other cases. First make sure to tell the usher where you have gone. However, once your case starts, you must leave the courtroom and wait outside until it is your turn to give evidence. You must not hear the evidence of other witnesses before you give your own evidence.

What will happen when I give evidence?
When you are called into the courtroom, you will be shown into the witness box. You should stand up, but if you find standing difficult, you should ask the magistrate or the judge if you can sit down.

You will then be asked to take the oath - this means you have to swear 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.

If you are a witness for the prosecution, the prosecution lawyer will ask questions first. You will then be cross-examined by the defence. Following the cross-examination, the prosecution may ask you further questions. If you are a witness for the defence, the defendant's lawyer will ask the questions first. A magistrate or clerk may also ask you questions.

In Crown Court, the jury can write down questions, which they then pass to the judge. The judge asks the questions for them. You might be asked to go into the witness box more than once to give further evidence.

Points to remember:

  • If you are giving evidence as a witness, it means the defendant has probably pleaded not guilty. Your evidence will help the court to decide whether he or she is guilty or not.
  • If you don't know or are not sure of an answer, say so. You can ask the magistrate or judge for advice.
  • Don't worry if you are told you cannot say certain things when giving evidence. This is because there are some rules about the kind of evidence the court can hear.
  • Take your time and speak slowly and clearly.
  • Ask for questions to be repeated if you don't understand or cannot hear.
  • The magistrate or judge won't know everything about your case so take care not to leave anything out of your evidence.
  • Witnesses are sometimes called to give evidence even when the defendant has pleaded guilty. This happens when there is a disagreement about the facts of the case.
  • Once you have finished giving your evidence, you can stay and listen to the rest of the case if you want to. You should not leave the court unless you are told that you are released.

    Can I apply for expenses?
    You can claim certain expenses for travelling to court, and an allowance for meals and lost wages or other financial loss. The amount of expenses you can claim will depend on the length of time you have to be away from home or work in order to attend court.Ask the CPS representative, defence lawyer or court staff for a form.



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