Going to Court Questions
Q. What if the trial coincides with something I have planned, such as a holiday?
A: If the trial is due to take place when you have something planned, it is often not possible to change the trial date and you will be expected to attend court. To avoid this happening, it is very important to let the person who has asked you to come to court know of your plans as early as possible.
Q. Worried about not getting time off work to attend court?
A: If you are concerned about not getting time off work, you should let your employer know well in advance that you are going to be called as a witness. It is not your choice whether to go to court and you are fulfilling a public duty, so your employer should normally give you time off work to go to court. You can show your employer the letter that you received from the PPS or defence solicitor confirming that you are required to attend court, as proof that you have to attend court.
If you are unable to persuade your employer to give you time off, you should let the PPS or defence know as soon as possible. Details on how you can contact them should be included in the letter you receive. As a last resort, the court may issue you with a witness summons, which means that you are legally required to attend court. You can then show this to your employer as proof of your duty to go.
Q. What if I cannot afford to get to court?
A: An employer is generally entitled to deduct pay from an employee who takes time off work, but if you lose pay, you could claim a witness allowance for loss of earnings. You will also be entitled to apply for certain expenses occurred through your attendance at the trial (travel expenses and refreshment allowance). If you are a prosecution witness, the PPS will explain how you can apply for witness expenses. If you are a defence witness, the defence solicitor will be able to explain this to you.
Q. Do I have to attend court if I really do not want to?
A: In the most extreme cases, if you are asked to attend court and you do not attend, or you tell the PPS that you are not going to attend, a witness summons can be issued to compel you to go to court. This is an official document requiring you to attend court at a certain date and time. If you choose to ignore the summons and do not attend court after it has been served on you, a warrant can be issued for your arrest. If you are worried about attending court and giving evidence, tell the PPS (or the defence lawyer if you are a defence witness) or the Witness Service, so that they can offer you support and help.
Q. What if I am ill?
A: If you are ill on the day of the trial, and your illness is serious enough to prevent you from attending, you should contact the court as soon as possible. You should also obtain a medical certificate from your GP. If the illness is likely to persist, you should inform the person who has asked you to attend court, so that alternative arrangements can be made for your evidence to be given to the court.
Q. What if there is a problem that I cannot sort out?
A: If there is a problem that you really cannot sort out and you are unable to attend, you must let the person who asked you to come to court know as soon as possible in advance of the court case. They will try to sort the problem out, but you should allow them sufficient time to make the necessary alternative arrangements.
In this situation if your evidence is not crucial to the case, you may be excused from attending. However, if your evidence is essential to the case, the prosecutor or defence solicitor will have to decide whether to issue a summons or ask the court for an adjournment. If adjourned, your case will be heard at a later date. Nevertheless, the court may not grant an adjournment as it is difficult to do, especially if the defendant is held in custody. As a result, the case may have to be stopped.
As a last resort, you may apply directly to the court hearing the case for confirmation that you do not need to attend.
You should remember that your attendance in court could make all the difference to the outcome of the case.
Q. What further information would be helpful to me at this stage?
A: If you are a prosecution witness:
- You may also find the Witness Service's 'Going to Court' and 'Supporting People going to Court' leaflets helpful. These leaflets are given to witnesses who are asked to attend court;
- If you are under 18 years old, you may find the NSPCC's 'Young Witness Pack' or their video, "Giving Evidence - What's it really like?" useful.
If you are a defence witness, the above information is also available to you. You may wish to ask the defence solicitor about the information available or you could contact the Northern Ireland Court Service Information Centre, the NSPCC or Victim Support directly. Contact details can be found in the Useful Contacts section.
Q. Before I go to court, what information should I tell the person who has asked me to attend?
A: You should advise the person who has asked you to attend court if:
- You think you will need an interpreter;
- You have a disability or other special needs;
- You are worried about giving evidence in court;
- Someone is intimidating you or those close to you; or
- You would like to know more about what will happen in court, as a pre-trial familiarisation visit can be arranged for you.
Q. What should I consider or bring with me when going to court?
A: You should:
- Leave enough time for your journey. You must come to court at the time indicated on your letter;
- Bring any papers you have about the case, including the letter asking you to attend court and;
- Bring something to read as you may have to wait for a while before you give evidence. You must not read whilst in the courtroom.
Q. Can I bring someone with me to court?
A: You can bring a friend or relative to keep you company. They won't be able to claim expenses (such as travel costs) unless the court agrees that they have to be there. For example, you may need someone to look after your child while you give evidence, or to assist you if you are disabled, or to be with you if you are under 17 years of age. You should check this with the person who asked you to come to court. If you are going to the Youth Court, you can bring a friend with you, but they will not be able to go into the courtroom with you. If you are a prosecution witness, the Witness Service and the Young Witness Service are also available to your family and friends.
Q. What do I do when I arrive at court?
A:
- You will find clear signs to help you find your way around. All cases are listed under the defendant's name. Give the receptionist or member of the security staff the name of the defendant and show them the letter asking you to attend court. They will show you where to go. If you are a prosecution witness and have not already been in contact with the Witness Service, you can contact them when you arrive at court;
- If you are worried about meeting the defendant or their friends, tell the security personnel when you arrive. There may be a separate room where you can wait;
- Wherever you wait, you should listen carefully for either your name or for your case to be called;
- If you have made a written statement and would like to see a copy before you give evidence, please ask the person who asked you to come to court, to give you a copy;
- 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 an important person involved in the case has not arrived;
- Sometimes, a defendant pleads guilty on the day of the trial, so you may be told at the last minute, that your evidence is not needed.
Q. Am I allowed to talk to anyone?
A: You should not talk to anyone, especially other witnesses, about the evidence you will be giving before you go into the witness box. If you have discussed the evidence with other people, you may find that when you give your evidence in the courtroom, it may be doubted. After your court appearance you should not talk to anyone about the evidence you gave, until the end of the trial. You can, of course, speak about your evidence to the person who asked you to come to court.
Q. What about breaks for meals or other things?
A: The court may have breaks during the day. During a break you should not speak about your evidence with anyone else. If you have not completed your evidence when it comes to lunch-time, you may be asked to have lunch separately from other witnesses in your case. If this happens and you are a prosecution witness, a member of the Witness Service or the Young Witness Service, will be on hand to offer support. If you are a defence witness, you may wish to seek support from the defence solicitor.
Q. How long can you expect to wait to give evidence?
A: The courts will aim to make sure that your wait is as short as possible, however, some cases can be delayed, or even put off, until another date. This may be because an earlier case has gone on longer than expected, or someone else in the case has not arrived. If this happens you will be told as soon as possible. Sometimes the defendant pleads guilty on the day of the trial so you cannot be told until the last minute that your evidence is not needed.
In most courts, if you do need to wait, you are welcome to use a separate area away from the courtroom. In many courts, these rooms are more comfortable than sitting outside the courtroom. In some courts there is a space for you to sit on your own in a quiet environment. If you are a prosecution witness and you would like to use a private waiting room, ask a member of the Witness Service or the Young Witness Service or a member of the court staff, who will be able to tell you if there is a room available at the court you are attending. If you are a witness for the defence, ask the defence lawyer or to a member of the court staff.
If there is some time to wait before your case starts, and you want to, you can sit in the public gallery of the courtroom and listen to other cases. If you are going to do this, you must inform the court security where you have gone. Once your case starts you must return to the courtroom where your case is being heard. You will be asked to wait outside until it is your turn to give evidence. After you have given evidence, you will usually be able to listen to the rest of the court case, unless the court tells you otherwise. If you are unsure, speak to the person who asked you to come to court or to a member of the court staff.
Q56. If I have made a statement to the police, do I always have to go to court to give evidence?
A: Not always. Sometimes the opposing side can agree your evidence and the statement can be read out to the court, but if you are asked to go to court, you will have to go.
Q. I was told that the defendant has pleaded guilty. Why do I still have to come to court as a witness?
A: Sometimes the defendant admits the offence, but does not admit doing everything that the prosecution say that they did. If this is likely to affect the sentence that the defendant will receive, the prosecution may ask the court to hold a hearing to decide the issue. This will often mean calling the victim and occasionally other witnesses, to give evidence.
Q. Will a young person ever be tried in an adult court?
A: Usually a child or young person is tried in the Youth Court unless charged with murder or manslaughter, or is over the age of 14, charged with a grave crime (e.g. indecent assault)and the magistrate decides that if convicted the appropriate sentence will be more than he or she has the power to give. In this situation, the young person will be tried before the Crown Court. A young person can also be tried at the Crown Court if he or she is jointly charged with another person who is over the age of 18.
Q. What is the difference between a Youth Court and other courts?
A: The Youth Court has a more informal setting than other courts, as it aims to engage with young people, and make sure they understand the court process. In the Youth Court no other persons, except: court officials; people involved in the case (normally parents or guardians); their legal advisors and witnesses; are allowed to be present unless authorised by the court. Authorised journalists are allowed to be present so that they can report on the proceedings, but the defendant is not normally identified in their reports because of their age. In the Youth Court, witnesses are normally only allowed to be present to give their evidence, so if you want to stay longer, you will need to get special permission from the court.
Q. Are there any hearings before the case goes to trial?
A: In some cases preliminary hearings are held before the trial. As a general rule these are held in more complicated cases, which will take longer to get to trial and involve more preparation by the prosecution and defence. In the majority of cases, witnesses do not have to attend these hearings.