Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. Crime, justice and the law
  3. Going to court

Giving evidence in court

You may be required to give evidence for the prosecution as a result of either being a victim of or a witness to a crime, or you could be asked to give evidence for the defence.

What to expect at court

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

When you go to court be prepared to wait a while before you are called in to the court to give evidence. Some cases are delayed or even put off until another date for various reasons; for example an earlier case may have lasted longer than expected or other witnesses in your case may not have turned up. Sometimes a defendant pleads guilty just before or during the case and you may not be required to give evidence at all.

When you are called to give evidence you will be shown to the witness box and be asked to stand. Before giving evidence in court you will be asked if you wish to take an oath or make an affirmation that your evidence is true. The difference between an oath and an affirmation is that the oath is a religious commitment where as an affirmation is non-religious.

  • Witness services and special court measures

Oaths and affirmations

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 of 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 the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Crown Court 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."

Giving evidence

The evidence at a trial usually starts with the prosecution witnesses and is then followed by the defence witness.

It is the role of the prosecution lawyers to prove the case against the defendant.

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.

When giving your evidence:

  • take your time, speak slowly and clearly
  • ask for the question to be repeated if you do not understand it or cannot hear
  • if you are not sure of the answer, say so
  • you can ask the judge for guidance
  • talk to the judge (or jury if there is one) when giving your evidence

If you are a witness for the prosecution, they will ask you questions first. If you are a witness for the defence then the defence solicitor or barrister will ask you questions first. This is called giving your "evidence in chief".

Cross examination

When you have finished giving your "evidence in chief" you will be cross-examined by lawyers for the other side. Cross examination is necessary to make sure a fair trial takes place.

When the cross-examination has finished you may be asked some questions from the first lawyer again-this is called re-examination.

The judge may also ask you questions at any time.

Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

Going to court

  • Alternatives to going to court
  • Family courts
  • Giving evidence in court
  • Going to court as a victim or witness
  • Help for vulnerable people giving evidence
  • Jury service
  • Making a complaint about someone who holds a judicial office
  • Money awarded at court
  • What happens at a jury trial
  • Why a case goes to court
  • Witness services and special court measures

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS