Going to Court
Preparing the Case for Trial
In some cases, the defendant will plead guilty to the offence and you will not have to attend court or give evidence. On some occasions your evidence will be agreed by both the prosecution and the defence, which means that your statement will just be read out in court without you having to give evidence.
However, there may be some cases where a defendant may plead not guilty, or plead guilty, but deny an important part of the offence, which would make a difference to the sentence they could receive. In such cases, the court will need to hear evidence from witnesses, which could include you, in order to decide whether or not the defendant is guilty of the offence alleged.
In either situation, the prosecution and defence will need to prepare the case for trial. The trial may take place in the magistrates' court or the Youth Court (if the defendant is aged 17 and under), or the Crown Court. This will depend on the seriousness of the offence. The most serious offences are tried in the Crown Court in front of a judge and jury.
Setting the trial date:
If you are a witness for the prosecution and the trial date has been fixed by the court, the PPS will let you know, in writing of: the trial date; which court you need to attend; information about how to get to the court; and the facilities available at court. If you are a defence witness, the defence lawyer will keep you informed.
You should receive adequate notice of the date of the trial, but there may be times when this is not possible and only short notice can be given. Although this may be inconvenient to you, giving evidence should be given priority as it is very difficult to change court dates.
If you are called to give evidence and you feel you may need the service of an interpreter, you should let the person who has asked you to attend court know as soon as possible, so that this can be arranged for you.
The Court System in Northern Ireland
There are different types of court in Northern Ireland. All criminal cases, even the most serious, begin in a magistrates' court.
Magistrates' courts hear and decide less serious criminal cases, cases involving juveniles and some civil and domestic cases, including family proceedings. In a magistrates' court or Youth Court (if the defendant is aged 17 and under), the Resident Magistrate listens to the evidence and decides whether the defendant is guilty. They are also responsible for fixing the sentence. Although many cases are entirely dealt with by a magistrates' court or Youth Court, the more serious cases are usually sent or "committed" to a Crown Court for hearing.
In the Crown Court, a jury of men and women - up to 12 members of the public - decide if the defendant is guilty, but only the judge can decide the sentence.
For further information and explanation on the court system in Northern Ireland, including helpful information on the courtroom layout (and where those involved in the case, will be sitting), click here
Witness Services
If you are a witness for the prosecution, help from the witness service will be available before, during and after the trial to ensure that you are well informed and supported. There are two types of witness service available in a number of courthouses in Northern Ireland. One for adult witnesses, which is run by Victim Support NI (the Witness Service) and one for younger witnesses, under the age of 18 (the Young Witness Service) which is run by the NSPCC. Both services are currently available to prosecution witnesses in all Crown Courts in Northern Ireland and the VSNI Witness Service also has a service available in a number of magistrates' courts. The Witness Service and the Young Witness Service will eventually be extended to all magistrates', Youth Courts and County Courts across Northern Ireland.
The aim of the Witness Service and the Young Witness Service is to enable prosecution witnesses and victims, along with their families and friends, to deal with the experience of attending court and giving evidence. The Witness Service normally contacts witnesses, via telephone, before the court hearing to offer its service. Trained volunteers from the service provide a free and confidential service including:
- Someone to talk to in confidence;
- Information on court procedures
- An accompanied visit to the court and, where possible, a look around the court room before you are called as a witness. (If you are a defence witness, familiarisation visits can also be arranged for you. You will also need to contact the defence solicitor or the Northern Ireland Court Service for further information on how to do this (see 'Contacts Section' for details);
- A quiet place to wait before and during the hearing;
- Someone to accompany you into the court room when giving evidence;
- Practical help such as the completion of expense forms;
- Putting you in touch with people who can answer specific legal questions (the Witness Service do not discuss evidence with witnesses but depending on the type of case, they will give advice on the type of questions that may be asked) and;
- A chance to talk over the case once it is over, to get more help or information.
The Witness Service and the Young Witness Service can be contacted any time before, during or after the trial.
Special Measures
'Special measures' are measures which have been put in place to help vulnerable or intimidated witnesses give their best possible evidence in court. Special measures are available to those witnesses who the law describes as 'vulnerable or intimidated' (within the Criminal Evidence (NI) Order 1999). They are currently not available to the defendant.
If a police officer considers that you might be eligible for the use of special measures, he may arrange for you to make your witness statement by video recording. (Those under the age of 17 will almost always be video interviewed). If this is the case, the police officer who is carrying out the interview, will explain how this will be done before he/she begins the interview. If a young person is required to make a video recorded interview, then an 'appropriate adult' will have to accompany them during interview. The video recording will be used in court, during any trial, as your main evidence. This is known as video recorded evidence in chief.
If your case is passed on to the PPS, and you become a prosecution witness, the prosecutor will also consider the use of any additional special measures to assist you when giving evidence in court. If you are eligible, he/she will apply (make an application) to the court at a preliminary hearing. If you are a witness for the defence, the defence solicitor will apply for any special measures which you may need. It is up to the Judge at that hearing to decide whether you should be allowed to use special measures at court.
If a special measure application has been granted, you will be informed by the prosecutor or the defence, depending on whichever party you have been asked to be a witness for. They will explain to you how the special measure/s will be used, in practical terms, at court.
Special measures available are:
- Screening. A screen will be placed around the witness box which prevents you from having to see the defendant and the defendant from seeing you. You will, however, be seen by others in the court including the Judge, jury, lawyers and barristers and in some courts, the public gallery.
- Evidence given by live link. A room is provided outside the courtroom where you can give evidence via a live television link to the courtroom. This means that you will be able to see the courtroom, and that those in the courtroom, including the defendant, will be able to see you through a television screen. If you are a prosecution witness, a member of the Witness Service will be able to accompany you into this room, should you wish. If you are a witness for the defence, a member of the Northern Ireland Court Service staff will accompany you in the live link room.
- Removal of wigs and gowns. The judge and barristers will remove their wigs and gowns, which are normally worn in the Crown courtroom, to make the room appear less formal.
- Evidence given in private. The judge will order that members of the public are not allowed into the courtroom when you are giving evidence.
- Aids to communication. This will enable you to give evidence through a communicator or interpreter, or through a communication aid or technique.
- Video recorded evidence in chief. As described above, this measure allows you to have your main oral evidence (initial police statement) videotaped. The taped evidence will then be played in court at the hearing which will mean that you do not have to give your initial evidence in person, however you will, most likely, have to attend court if your are to be cross-examined on what you have said. In such cases a live link or screen can be used during your cross-examination.
- Reporting restrictions. Most criminal proceedings are held in public. This means that members of the public will be able to sit in the courtroom to hear proceedings, regardless of whether or not they are involved in the case. The media (court reporters) also sit in on proceedings to record what is going on, so that they can report this to the wider public.
In some cases, however, the law restricts the publication of certain details in media reports (for example to protect the identity of the witness), and in other exceptional circumstances, the court may impose temporary or permanent restrictions on the media's reports of court proceedings
You may find it helpful to read some of the Questions in this section.