Information on going to court
If someone is accused of a crime and is pleading their innocence, you may have to attend court to give evidence if you were a witness or a victim. You may be uneasy about having to go, so it's a good idea to know what will happen beforehand.
Do you have to go to court?
If you've given a statement to the police and the case goes to court, you don't always have to attend. Sometimes the defendant's lawyers or representatives can agree with your evidence if they have no questions to put to you. If your evidence is agreed, your statement will simply be read out in court and you won't have to go.
However, if the police do contact you and say that you've been called as a witness, you will have to go to court. This means that you must have time off school, college or work. If you have to sit an exam or there's something else that you really can't get out of on the same day, contact the person that told you to attend court as soon as possible.
If you're nervous and worried about giving evidence, you might want one of your parents or another older relative to go to court with you for moral support. However, they won't be allowed to stand next to you when you give your evidence.
Before you go
It's really important that the lawyers who have asked you to go to court know where you are so you can be contacted if anything changes. Cases can collapse if no-one can get in touch with a missing witness. If you're feeling unwell on the day, let someone know as soon as you can.
If you would like a look around a courtroom before the day of the trial, ask to be put in touch with the Witness Service. They will do their best to arrange this.
If you want to find out more about what happens in court, one of the best ways is to visit a court for a day. Many court cases are open to the public - you can sit in the Visitors’ Gallery and watch. You could also look out for information about open days in your local court.
If you have any questions or concerns about coming to court, contact the court in advance so they can let you know what to expect and organise for you to visit the court before the court hearing.
Which court do you go to?
The vast majority of cases are heard in a magistrates' court. The outcome of these cases and the type of punishment are decided by the District Judge (magistrates' court).
If the crime was a serious one, the case is sent to trial in a Crown Court. These courts have a jury - a group of people who decide whether or not the defendant is guilty. If the defendant is found guilty, the judge will decide the length of the sentence.
If the person accused of the crime is under 18, you may have to attend a special youth court. Cases involving under 18s are heard by a District Judge (MC) and lay magistrates who have had special training in dealing with young defendants. But if the case is a serious one, the Crown Court will be used whatever the age of the defendant.
The letter that you receive from the police will tell you which court you'll be expected to go to.
What will happen?
When you arrive at the court, show the letter you received from the police to the reception. They'll be able to tell you which courtroom your case is being heard in. You should also ask to talk to the Witness Service representative, who'll be able to tell you where you can sit until you're called into the courtroom.
Once you're in the courtroom, you'll be asked questions about your evidence by both the prosecution and defence lawyers. Listen closely to the questions you're asked and take your time with your answers. Don't be afraid to ask the lawyer to repeat the question if you didn't understand it.
Don't worry, you're not on trial. Lawyers ask lots of questions to make sure that all the facts are correct. You might find some of the questions difficult. Remember they are just doing their job, it's not personal.
When both sides have no further questions, you can leave the courtroom. Depending on what type of court you are in, you may be allowed to stay and listen to the rest of the case, or you may prefer to go home.
Special measures
If you feel particularly intimidated or vulnerable, the following special measures are currently available:
Sreening the witness from the accused
This allows the witness to be prevented from seeing the accused and the public gallery by means of a screen or other arrangement.
Evidence by live link
The witness - while not physically in the courtroom - would be able to see and hear court proceedings and can be seen and heard by the court.
Evidence given in private
This allows for the exclusion from the court persons of any description specified in the direction while the witness is giving evidence. However, the accused, legal representatives acting in the proceedings, interpreters or other persons appointed to assist the witness, should remain in the courtroom.
Removal of wigs and gowns
Judiciary and legal professionals can remove their wigs and gowns while the witness is giving their evidence.
Aids to communication
There are a variety of aids available. Witness with a disability or a requirement may have an interpreter, use Braille oath cards or use a Loop system.
Video recorded evidence in chief
This is available for children in all proceedings. But it is only available in the Crown Court for adult witnesses.
Each of the above measures is subject to the application being made to the court in advance of the hearing.
Things to remember
Giving evidence in court is often a nerve-wracking experience. Even though you may be scared, do remember:
- if it's been a long time since you gave your original statement, you can ask to see it again to refresh your memory
- no-one is allowed to mention your address in court unless it's important to the case
- you can ask for a break at any time while you give your evidence
- you're not directly responsible for the final outcome of the case
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