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Sunday, 22 November 2009

Going to court as a witness

If you’ve witnessed a crime, you are an essential part of the criminal justice system. You’re not legally obliged to testify in court, but if you do you can help ensure that innocent people are not convicted, and that criminals go to prison.

Who can act as a witness in court

you can be found in contempt of court if you don't attend trial after receiving a summons

You may act as a witness in court if you:

  • are a victim of crime
  • have seen a crime take place
  • have specialist knowledge of a subject (called an 'expert witness')
  • know one of the people involved in the case (called a 'character witness')

If you see a crime and give a witness statement to the police, it may be some time before you know whether you'll need to go to court. Legal cases take a long time to prepare. If the case does go to court and your evidence is needed, you will be contacted.

If you're a witness but not also a victim in the case, it's less likely that you'll be asked to provide evidence. However, you will probably have to give evidence in court if the defendant pleads 'not guilty', or denies an important part of the charge.

If the police have a reason to believe you won't turn up to court, you may be issued with a summons. If you don’t attend the trial after getting a summons, a warrant can be issued for your arrest.

Protecting and supporting witnesses

After you give a statement to the police you should be referred to your local Witness Care unit.  That unit will be your single point of contact for the case.

When it comes time for the court hearing, though, you should be referred to an organisation called Witness Service, which is part of the group called Victim Support. Witness Service provides free help and advice on courts and giving evidence, and can arrange for you to make a pre-trial visit to the court.

You can also ask for someone from Witness Service to accompany you into the courtroom when it’s time for you to give evidence.

The Witness Service helps:

  • any witnesses giving evidence, including witnesses for the defence
  • victims and their families and friends attending court

A step-by-step guide to being a witness

Before you go to court, you can watch an online video guide produced by the court service that clearly explains the role of a witness in court. 

'Going to Court - A Step-by-Step Guide to Being a Witness' is an interactive video that follows a witness from making a statement, through the criminal court process and then to their life after the trial.

If you would prefer to watch this video on DVD, you can ask for a copy from your Witness Care officer (if you are a prosecution witness) or your defence lawyer (if you are a defence witness).

You can also contact the Witness Service at any criminal court and request a copy.

Helping vulnerable witnesses

It is illegal to intimidate or harass a witness. If this happens to you, you should contact the police immediately so that they can help you.

In some circumstances, police will move you to a new location to keep you safe.

Vulnerable people – including children, those with learning disabilities, and victims of sexual offences – sometimes need help giving evidence in court. They are occasionally allowed additional assistance to help them give evidence.

That assistance can include:

  • having someone assigned to help them understand what they're being asked in court
  • protective screens to prevent them, from seeing the defendant
  • a live TV link, so they don't have to give evidence in the courtroom

You should tell the police before the trial takes place if you feel that you may need to use special measures.

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