Giving evidence in court

As a result of either being a victim of or a witness to a crime you may be required to give evidence in court.

What to expect when giving evidence

If you have to give evidence, the police, the prosecutor or the defence will give you a copy of your statement beforehand for you to read over and refresh your memory.

If you are a witness for the prosecution, you will be asked questions first. The prosecution will begin by asking you questions to take you through what you said in your witness statement. (If you are a witness for the defence, the defence solicitor or barrister will ask you questions first.)

take your time, speak slowly and clearly
if you are not sure of the answer, say so
you can ask the magistrate or judge for guidance
talk to the magistrate or judge when giving evidence

Cross-examination

When the prosection have finished the questions to their witness the defence will then ask some questions. It is the role of the defence lawyer at a trial to assess the prosecution’s case, argue against it and, if necessary, present the defendant’s evidence. Essentially they are testing the strength of the prosecution evidence. This is known as cross-examination.

Cross-examination is necessary to ensure a fair trial takes place. If the cross-examination becomes overly agressive it is the duty of the prosecutor, defence lawyer or judge to intervene.

When the cross-examination for the defence has finished, the prosecution may ask you some more questions. The District Judge (MC) or judge may also ask you questions at any time.

The defence

After the prosecution witnesses have been cross-examined, the defence case opens. Witnesses for the defence are asked questions by their own solicitor or barrister and then the prosecution will cross-examine them.

Oaths and affirmations

Before giving evidence in court you will be asked to take an oath or alternatively you may choose to affirm.

The difference between an oath and and an affirmation is that the oath is a religious commitment whereas an affirmation is non-religious.

Below are examples of the types of oaths and affirmations used in court.

Witness Oath

"I swear by .......... (according to religious belief) that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Witness Affirmation

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Promissory Oath

This oath should be taken by any person before a youth or family court and by a child before any other court. A child under the age 14 shall give their evidence unsworn in criminal proceedings.

"I promise before .......... (according to religious belief) that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Promissory Affirmation

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Crown Court Witness Oath

"I swear by .......... (according) to religious belief) that my evidence to the court and the jury on this trial shall be the truth the whole truth and nothing but the truth."