Going to Court Questions

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 police or PPS know of your plans as early as possible.

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 police or PPS confirming that you are required to attend court, as proof. If you are unable to persuade your employer to give you time off, you should let the police or PPS know as soon as possible (contact details should be included in the letter), and 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.

Can I claim my expenses?
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 incurred through your attendance at the trial (travel expenses and refreshment allowance). The police or PPS, depending on who is responsible for prosecuting your case, will explain how you can apply for witness expenses.

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 police or PPS that you are not going to attend, a witness summons can be issued to compel you to go to court. If you do not attend court after a witness summons has been served on you, a warrant can be issued for your arrest.

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 prosecutor so that alternative arrangements can be made for your evidence to be given to the court.

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 need to contact the police or PPS, depending who is prosecuting in your case, 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 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. A fee is payable for such an application, which should be made before the date of the hearing.

You should remember that your attendance in court could make all the difference to the outcome of the case.

What further information would be helpful to me at this stage?
A:- You should get a copy of the leaflet 'Attending as a Witness in a Criminal Court' (which is a Northern Ireland Court Service publication), when you receive your 'invitation to attend' from the PPS;
- You may also find the Witness Service's 'Supporting People going to Court' leaflet 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. For details on how to contact the NSPCC, please visit the Contacts Section of this walkthrough.

What information should I give to the police or PPS before I attend court?
A: You should tell the person who asked you to come to court if:
- You think you will need an interpreter;
- You have a disability or other special needs;
- You would like a familiarisation visit of the court before the trial date. This can be arranged through contact with the Witness Service.

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;
- Plan to be at court for the whole day as you may have to wait a while before you give your evidence;
- 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.

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 court 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 not already in contact with the Witness Service, or Young Witness Service, you can ask for them when you arrive at court to check if they are available;
- 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 want to see a copy of your statement 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.

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 to the police officer or prosecutor dealing with your case, about your evidence.

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 a member of the Witness Service may wait with you if able.

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 is the case 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. Please speak to the Witness Service, who will be able to tell you if there is a private room where you can wait at the court you are attending.

You are normally able to sit in court before you 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 police officer helping with the case, or the prosecutor, or a member of the court staff.