Going to court: what to expect

Going to court can be intimidating, particularly if you don't know the procedure. To help you prepare, the Home Office provides the following tips and information

Know what to expect

  • There are usually three magistrates at magistrates' court. Find out their role

  • At Crown Court, the jury decides if someone is guilty while the judge decides the sentence. More on Crown Court

  • Ask to familiarise yourself with the court before your case begins. Prepare for court

    Giving evidence

  • If you have made a statement and would like to see it before you give evidence, you will normally be allowed to. More on this

  • You should not talk to anyone, especially other witnesses, about your evidence before going into the witness box. Why?

  • If you are unsure of an answer when giving evidence, say so. You can ask the magistrate or judge for advice. More tips

    Other tips and advice

  • You can get help, advice and emotional support from the Witness Service. More

  • You can claim certain expenses for travelling to court. Find out more

  • Tell the court if you are worried about meeting the defendant. There may be a separate room where you can wait.
    How to deal with harassment

    The courts explained

    What happens in a magistrates' court?
    Magistrates will listen to all the evidence and decide whether the person accused of the crime (the defendant) is guilty or not. If the defendant is convicted, or admits that he or she is guilty, the magistrates usually decide on the sentence.

    The magistrates are often three local people. However, there may only be one magistrate who is a lawyer. In magistrates' court, the lawyers for the defence and prosecution do not wear wigs or gowns.

    What happens in the Crown Court?
    A trial in a Crown Court takes place in front of a judge. If the defendant does not plead guilty, a jury of 12 men and women - ordinary members of the public - will listen to the case.

    The jury decides whether the defendant is guilty or not guilty. The judge decides on matters of law. The judge will also decide the sentence, if the defendant is found guilty or admits to being guilty.

    Who else will be in the courtroom?
    In both types of court, there will be a clerk of the court who helps to run the proceedings. In a magistrates' court, the clerk also gives the magistrates advice on legal matters.

    You will also see court ushers who call witnesses, take messages and help to run the court. You can recognise them from their black gowns. There may also be other people in the courtroom such as police and probation officers, newspaper reporters and members of the public.

    Preparing for court

    Do I need to do anything before going to court?
    The person who asked you to come to court should send you information about how to get to the court and the facilities available there. Crown Court centres also have a Customer Service Officer. You can find the number of the court in your local phone book under Crown Court.

    If you are a witness, you should tell the person who asked you to come to court (the police Witness Liaison Officer if you are a prosecution witness or the defendant's solicitor if you are a defence witness) if you need an interpreter, if you have a disability or special need or if you would like to visit the court before the trial starts. You can also arrange the latter with the Customer Service Officer or the Witness Service at the Crown Court.

    What should I do if I am harassed before, during or after trial?
    It is a criminal offence to intimidate a witness, juror or anyone helping the police in an investigation. If you are harassed or threatened in any way before, during or after the trial, you should tell the police or the representative of the Crown Prosecution Service (CPS) or other prosecuting authority at court. If you are a defence witness, you should tell the defendant's solicitors. If you are not sure who to tell at court, tell the court usher.

    What do I need to take with me to court?
    You should take the letter asking you to go to court, if you have received one, and any other information you have been given. If told to do so, you should take along any exhibits you still have (stolen jewellery, for example, that has been returned to you). You may also want to take something to read, as you may have to wait before giving evidence.

    If you like, you can also take a friend or relative to keep you company and you may be able to reserve a seat in court for them. However, they will not be able to get expenses unless the court agrees they need to be there (to look after your child while you are giving evidence, for example.)

    What do I do when I arrive at court?
    All cases are listed under the defendant's name. Give the receptionist or usher the name of the defendant and show the letter asking you to come to court (if you received one). He or she will tell you where to wait. If you are not already in contact with the Witness Service, you can contact them when you get to the Crown Court.

    Feel free to ask the usher, Customer Service Officer or the Witness Service if you would like to have a look around the courtroom before the case starts (usually first thing in the morning or at lunchtime) and tell them if you are worried about meeting the defendant and his or her friends and relatives. There may be a separate room where you can wait before and during the trial.

    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.

    The Witness Service

    Crown Court
    There is a Witness Service in every Crown Court centre in England and Wales. This service is run by the independent national charity Victim Support and helps victims, witnesses and their families before, during and after the trial.

    The Witness Service normally contacts witnesses before the court hearing to offer its services. Trained volunteers from the service provide a free and confidential service and offer emotional support, general information on court proceedings and provide someone to go with you into the courtroom if you have to give evidence.

    Note: The Witness Service cannot discuss evidence or offer legal advice. You can find details of witness services in the phone book under the name of the Crown Court or you can contact the National Office on 020 7735 9166.

    Magistrates' court
    Most magistrates' courts do not have their own witness service. But, if you are a victim of crime, someone from the Victim Support scheme in your area may be able to go with you to court, if you want. It does not matter if you have previously turned down help from Victim Support.

    All services are confidential and free. You will find details of your local scheme in the phone book under Victim Support or you can contact the National Office on the number above.