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Information
for Witnesses
The
main principles to remember when you give evidence are to tell the truth, to the
best of your ability and to answer the questions that you are asked.
YOUR
STATEMENT
Before coming to the trial, the police (if you are a prosecution witness) or the
defence solicitor (if you are a defence witness) will ask you to make a
statement. The Magistrates/District Judge do not see your statement, and they do not know what
you know. The prosecutor or the defence solicitor instead has to bring out in
court what you know by asking you questions.
Before
the trial you will be able to read your statement to refresh your memory. It is
the prosecutor and the defence solicitor who decide what questions to ask. They
do not always ask you about everything in your statement.
IN
THE WITNESS BOX
When
you get into the witness box, the usher will ask you to read the oath of your
choice or to affirm. Normally, if you are a witness for the prosecution, the
prosecutor will start asking you questions. If you are a witness for the defence,
the defence solicitor will start.
THE
ROLE OF THE PROSECUTOR AND DEFENSE SOLICITOR
The prosecutor’s role is to try to show to the Magistrates/District Judge that the defendant
committed the crime. The defence solicitor is aiming to bring out evidence that
there is reasonable doubt that his client, the defendant, committed the crime.
The Magistrates/District Judge have to decide between the two versions.
When
you are giving evidence, the opposing side may try to cast doubts on the truth
of your account of the event. This is not to be taken personally, as it is their
job to question your story. Just remember to keep to what you know.
If
you don’t know the answer to a question, say “I don’t know”. There is
nothing wrong with not knowing or not remembering things and forgetting is to be
expected if the incident happened a long time ago. Even when asked about an
event that happened yesterday, most of us have difficulty recalling some of the
detail.
Remember that it is not your job to prove anything. You are in the witness box
simply to answer questions. It is the prosecutor and defence solicitor who have
to try to convince the Magistrates/District Judge of their viewpoint. However important your evidence is,
it is only one part of the case.
Never
answer a question you don’t understand. Instead you can ask the prosecutor or
defence solicitor to repeat the question or clarify what they mean.
If
you think a question is unfair, you can turn to the Magistrates/District Judge and say, “do I
have to answer that question?” If the Magistrates/District Judge say that you do have to
answer the question, then you do.
COMFORT
You
are entitled to be as comfortable as possible.
For example, if you feel the need, you may ask to sit down, have a break
or go to the toilet. Likewise, you may ask for a glass of water.
If you have a disability, please let the court know in advance so that
arrangements can be made to ensure your needs are met.
WHEN
YOU HAVE FINISHED
When
you have finished answering questions, the Magistrates/District Judge will normally tell you
that you can go. Occasionally, the
Magistrates/District Judge will ask you to wait in the building in case you need to be
recalled.
FINALLY
If
the verdict goes against your “side” of the case, this does not mean that
your evidence was not good. Nor
does it mean that the Magistrates/District Judge did not believe you.
The Magistrates/District Judge only convict if they believe that the evidence - as
presented to them - proves the defendant guilty beyond reasonable doubt.
If they have a doubt, they must acquit, and that is no reflection on you.
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