Legal Advice - Witness At Court

I have been asked to give evidence at court and am worried about what to expect. What will I have to do?
Most criminal trials take place in a magistrates’ court and if the defendant pleads guilty you will not be required to attend or give evidence.

More serious cases are usually sent to the crown court and will be heard in front of a jury if the offender denies the offence.

If you are asked to appear at court as a witness we appreciate you might find it a worrying experience and we will give you every support possible.

Do I need to bring anything with me to court?
You should take any papers or correspondence you may need with you.

Can I ask a friend to come with me?
Yes, you can ask a friend to go with you to keep you company. Your friend will not be able to claim expenses (such as travel costs) unless the court agrees he or she must be there, for example to look after you child or if you are disabled. For more information, check with the person who sent you the court papers.

You should not talk to anyone in advance about the evidence you are going to give as this may affect the trial.

I have difficulty understanding English? Can I get help?
If you have difficulty speaking or understanding English and think you will need an interpreter, ask the person who has sent you the details of the court case to arrange one for you in advance.

What should I do when I arrive at court?
Give the receptionist or court usher the name of the defendant, which will be on your letter, and they will show you where to wait.

Be prepared for what could be a long wait before it’s your turn to give evidence.

I am frightened of bumping into the defendant or a member of their family. Can I sit away from the courtroom?
If you feel uncomfortable about sitting outside the courtroom, the officer in the case or an usher will try to find a quiet area for you to wait.

What will happen when I go into the court:
You will be shown into the witness box. If you find difficulty standing, ask to sit down. You will then be asked to take the oath – that is to swear to tell the truth 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 are a witness for the prosecution, you will be asked questions by them first. Then the defence will ask some questions. This is called cross-examination. A magistrate, the court clerk or a judge may also ask you questions at any stage in the proceedings.

When will I be able to leave the court?
Don’t leave the court until you are told you are no longer needed. If you have an important reason why you need to leave early, you must tell the court usher before the case starts.

If you have made a statement and want to see if before you give evidence, you may be allowed to. Ask an usher or a police officer if you can have a copy.

After you have finished giving evidence, you may be told you are released. This means you are free to leave but you can stay and listen to the rest of the case if you want to.

Will I be entitled to travelling expenses or a claim for loss of earnings?
You can claim expenses for travelling to court and there is an allowance for meals and other things related to your appearance in court, such as lost wages. Ask the court usher for an expenses claim form.