Frequently asked questions
Click on the questions below to find out more information about being a witness
What can my Witness Care Officer help with?
Why do I have to attend court? I have already given a statement to the police.
Will I be able to see the court beforehand?
What will happen when I go into the courtroom?
Will I be able to see my statement before I go into court?
Is there any help for me with giving evidence?
What happens if the defendant tries to intimidate me?
Are there any specialist agencies which can support me?
What happens after I have given evidence?
What can my Witness Care Officer help with?
As well as providing general help and advice regarding the court process and keeping you informed on the progress of your case, your Witness Care Officer can assist with arrangements to get you to court, including:
- Childcare arrangements
- Organising transport
- Negotiating time off with your employers if necessary.
(Please note: Your Witness Care Officer will give you an expense claim form in court to recover any loss of earnings which is payable within the Home Office guidelines)
What is the Witness Service?
The Witness Service is run by Victim Support, a voluntary organisation. It helps witnesses cope with going to court by giving them information and support. Family and friends who are attending court can get help too, as well as children. It supports botg prosecution and defence witnesses.
Why do I have to attend court? I have already given a statement to the Police.
The evidence of witnesses is vitally important in ensuring justice is done. To prove a case beyond reasonable doubt, a witness may be required to give their evidence in person.
Will I be able to see the court beforehand?
Yes. Your Witness Care Officer will put you in touch with Witness Service who will arrange a court visit for you. This can be arranged in advance or on the day of the trial. The Witness Service volunteer or court usher will give you a tour of the court which includes the court room, witness suite, how the special measures work (if required) and the court facilities. If you have any questions at that time they will be more than happy to answer them.
What will happen when I go into the courtroom?
When the court is ready for you to give your evidence, you will be shown to the witness box. You will be asked to take the oath, which means that you swear to tell the truth on the holy book of your religion or if you do not subscribe to a specific faith you can affirm (promise to tell the truth).
Will I be allowed to see my statement before I go into court?
You are allowed to see your statement to refresh your memory before you go into court. This will happen on the day of the trial and not before.
Who will be in the courtroom?
The process for Magistrates' Court and Crown Court differs so your Witness Care Officer will be able to give you more information that is of relevance to you.
Your Witness Care Officer can also arrange a pre-trial visit to the court to familiarise you with the court and the services available.
Is there any help for me with giving evidence?
Your Witness Care Officer will discuss your individual needs with you. Some people find the process of giving evidence in court particularly difficult or daunting for several reasons. Such witnesses may be allowed Special Measures to help them give their evidence in the best possible way. The police officer may have discussed this with you when you made your statement.
What are Special Measures?
Special Measures are not available to everyone but will be offered to victims and witnesses who are particularly vulnerable, including children.
Your Witness Care Officer will explain these fully, however the most common ones used are:
- A video link from the witness suite or remote location so you do not have to give evidence in the courtroom
- Screens so the accused cannot see you
- Interpreter for those with language difficulties
- Intermediaries are available for witnesses who may need assistance understanding the process and communicating evidence, for example young children or someone with learning or communication difficulties
Special Measures have to be applied for by CPS in court but can be opposed by defence. The ultimate decision rests with the court.
What happens if the defendant tries to intimidate me?
Intimidation of the witnesses is a criminal offence and although rare is viewed very seriously by the courts. You must report it to the police or your Witness Care Officer immediately. This will be investigated and can lead to further charges for the defendant.
If you are at all worried before the trial about entering or leaving the Court building please speak with your Witness Care Officer who may be able to advise or assist you.
Are there any specialist agencies which can support me?
There are several specialist organisations that provide support for victims of domestic violence, serious sexual assault, homophobic, racist or religious crime in the South West. Your Witness Care Officer can refer you to other organisations.
What happens after I have given evidence?
Your Witness Care Officer will update you on the result of the case; there is no need for you to stay for the duration of the trial if you do not wish to do so. If the defendant is given 12 months or more custodial sentence for a sexual or violent offence, your Witness Care Officer, will, with your permission, refer the case to Probation who under their Victim Contact Scheme will keep you updated and involved in any parole decisions.
Will I be told the outcome of the trial?
Yes you will. If you had a Witness Care Officer they will let you know the result of the trial once the result is available from the Court. Sometimes this can be up to three days after the hearing although efforts are made by the Witness Care Officer to get results much sooner. The Witness Care Officer will let you know the result as soon as they are able to do so. If you didn't have a Witness Care Officer you should contact whoever asked you to attend Court and they will be able to let you know the outcome.
As a witness it's not you who is on trial, but without you justice may not be served.
