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The Trial Questions

Q. Can I see my statement?
A: If you have made a statement and you want to see it before you give evidence, you will normally be allowed to. You should ask the person who asked you to come to court for a copy of your statement.

Q. What is the difference between an oath and an affirmation?
You will be given a choice as to whether you wish to take an oath or affirm.

Witness Oath

"I swear by .......... (according to religious belief) that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Witness Affirmation

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

'Promissory' Oath

This oath should be taken by any person before a youth or family court and by a child before any other court. A child under the age 14 shall give their evidence unsworn in criminal proceedings (Article 20 of The Criminal Justice (Children) (NI) Order 1998)

"I promise before .......... (according to religious belief) that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

'Promissory' Affirmation

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Crown Court Witness Oath

"I swear by .......... (according) to religious belief) that my evidence to the court and the jury on this trial shall be the truth, the whole truth and nothing but the truth."

Crown Court Witness Affirmation

"I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth the whole truth and nothing but the truth."

Q. What sorts of things should I remember when giving evidence?
A: - Ask for the question to be repeated if you do not understand it, or if you cannot hear what is being asked;
- Take your time, speak slowly and clearly;
- If you are not sure of the answer, say so;
- You can ask the magistrate or judge for guidance;
- When you give evidence you should talk to the magistrate or the judge. You should call the magistrate 'your Worship', the county or Crown Court judge 'your Honour' and a High Court judge 'my Lord'.

Q. Why do I need to be cross-examined?
A: Some witnesses may find the process of cross-examination upsetting, especially if they are accused of not telling the truth. However, it is important to recognise that cross-examination is a necessary part of the process of ensuring that a fair trial takes place. However, if the cross-examination becomes overly aggressive, it is the duty of the prosecutor, defence lawyer or judge/magistrate to intervene.

Q. Will what I say be recorded?
A: In the magistrates' court, the magistrate or clerk will make a written note of what you said. In the Crown Court, a record of what you said is kept on a Digital Audio recording.

Q. What happens once I have given my evidence?
A: After you have finished giving evidence, you may be told that you are 'released'. This means that you are free to leave the court, but you may stay and listen to the rest of the case if you want to. If you are not sure, you should ask the court clerk.

Q. Where will the defendant be?
A: In the magistrates' court, the defendant will either be sitting in the dock or in the body of the court, if they are not in custody. In the Crown Court, they will be sitting in the dock.

Q. Will the defendant's family or friends be in the court?
A: They may be in the courtroom, in the public gallery. If you want to stay to watch the trial after you have given your evidence, the prosecutor, the Witness Service or other court staff, will do their best to find you a seat away from the defendant's family or friends.

Q. What if I have concerns about being intimidated?
A: It is a criminal offence to intimidate a witness, juror or anyone helping the police in an investigation. If you are harassed or threatened in any way before, during or after the trial, you should tell the police or the representative of the PPS. If you are not sure who to tell at court, tell the court security.

If you are concerned about accidentally meeting friends or family members of the defendant at court, you should tell the court security or a member of the Witness Service, who will try to find you a separate waiting area.

Where there is a history of intimidation or repeated offences, the police will consider how they might provide you with additional protection at your home, work place or anywhere else you may have to regularly visit. In extreme cases, they can provide you with protective custody, short or long-term relocation or even a change of identity.

Q. What happens if the defendant does not turn up?
A: Often the court will issue a warrant for the defendant's arrest, and the trial will be postponed to another date. Sometimes, however, the trial will go ahead in the absence of the defendant. Witnesses may still be called to give evidence and the court will reach a verdict in the defendant's absence. Depending on the type of offence, the court may sentence the defendant there and then, or issue a warrant for their arrest.

Q. What if I need to leave the court?
A: You shouldn't leave the court until you are told that you can do so. If you have an important reason to leave early, tell the person who asked you to come to court or their representative at court before the case starts. If you can't find them, tell a member of the court staff in the court or the Witness Service. It may be possible for you to give evidence out of turn. However, this can't always be arranged.

If you leave the court building for any reason, please remember to tell any of the above mentioned people.

Q. How long will the trial go on for?
A: There are so many things that influence the length of a trial, so it is not possible to say. Some larger cases, where the offence is serious and there are many witnesses, go on for weeks. Even if the case goes on for a long time, you will not be expected to attend court for that whole time. You will normally only have to attend court on the day that you have to give evidence and when the jury is sworn in.

Q. What is meant by a life sentence?
A: Offenders, who are convicted of murder, are automatically sentenced to life imprisonment and this is also the maximum penalty for some other very serious crimes. There is no set period of custody for prisoners sentenced to life imprisonment. Prisoners serve a period which takes into account the need to punish the individual offender, to deter others from committing similar offences, and to protect the public from future harm. The court will set a life sentence tariff which is the minimum period the individual must serve before being considered for release by the Life Sentence Review Commissioners. After release, a life sentence prisoner is on licence for life and may be returned to prison by the Secretary of State, if they are considered to be a risk to public safety.

Q. What is a determinate sentence?
A: A determinate sentence is a sentence of imprisonment for a period of time set by the court. Under Northern Ireland prison rules a prisoner receives remission (a discount) of up to half the length of the sentence on the grounds of good behaviour. In practice, most prisoners (other than those serving a life sentence) are released from custody at the halfway point of their sentence. This is known as 50% remission.

Q. What is a Custody Probation Order?
A: This is for offences serious enough to deserve a custodial sentence of 1 year or more. The offender must be aged 17 or over and must consent to the order being made. The order will involve a period of custody followed by a period of supervision by a probation officer in the community of between 1 and 3 years. The court may also impose additional requirements similar to the probation order.

Q. What is 'Release on Licence for sex offenders'?
A: An offender, who gets a custodial sentence for a sexual offence, may be released on licence. The court can order this to happen, and will require the offender to be supervised from the date of release until the date the full sentence would have ended. Conditions will be applied to the licence and the offender will be supervised by a probation officer during the time on licence. The court does not have to seek the offender's consent for this type of sentence.

Q. What is a suspended sentence?
A: The court may decide that a prison sentence is an appropriate punishment for the particular offence, but that the offender should not be sent to prison unless they are convicted of a further offence, within a given period.

Q. What is a deferred sentence?
A: This is when sentencing is postponed until a future court date. This can take up to six months.

Q. What happens to young offenders who are to be given a custodial sentence?
A: Custodial sentencing options for juvenile and young offenders are a juvenile justice centre order or a period of detention in a Young Offenders Centre:

- Young Offenders Centre: Offenders aged between 16 and 20 can be detained in a Young Offenders Centre if they commit an offence which, if someone 21 or over had of committed, would be punishable with imprisonment. The maximum term is four years.
- Juvenile Justice Centre Order: Offenders under the age of 17 can be sentenced to a fixed period of between 6 months and 2 years, with half of the sentence served under close supervision in the community.

Q. What about non custodial sentences for young offenders?
A: The non custodial sentences for young offenders include:
- An Attendance Centre Order: An attendance centre order means that an offender has to attend a designated attendance centre and carry out a structured programme of activities.
- Reparation Order: This means that the offender has to make reparation either to you or to the community at large.
- Community Responsibility Order: This order is a type of community service and imposes a combination of a specified number of hours to be spent on practical activities and instruction on citizenship.
- A Youth Conference Order: gives young offenders the opportunity to understand and make amends to their victims for the consequences of their offending and to take steps to stop future crime. It involves victims, the young person's family, the police, the community and supporters meeting to reach an agreed decision on what can be done to put right the harm.

The aim of the meeting is to agree an action plan for the offender which seeks to prevent further offending and make amends to the victim. This can include: an apology to the victim of the crime; participation in activities to address offending behaviour; restrict the offenders conduct or whereabouts; payment to the victim, not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the offender; or the offender can make reparation for the offence to the victim, or the community at large. If the offender is 16 years or older, they can agree to perform unpaid work or service in the community

If the plan is approved by the court it is called a Youth Conference Order. The maximum length of the Order is one year.

Q. What is a fine?
A: A fine is the most common form of punishment imposed by the courts. The offender is required to pay a fixed sum of money and failure to do so, could result in a prison sentence.

Q. What is a Probation Order?
A: A probation order is a sentence of the court which requires an offender to be supervised by a probation officer in the community. The offender must be aged 10 or over and must consent to the order being made. The order may be for a period of between 6 months and 3 years and the offender is required to keep in touch with the probation officer and immediately notify the officer of any changes of address.

Sometimes the court will apply additional requirements to the probation order, examples of such are that the offender attend an alcohol or drug rehabilitation centre, a Day Centre, or receive any other medical treatment or counselling. If the offender does not comply with any of the requirements they may be returned to court and the court can impose a fine or any other sentence.

Q. What is a Community Service Order?
A: A community service order requires the offender to do unpaid work in the community. The offender must be aged 16 years or over and consent to the order. The order must be for at least 40 hours, but no longer than 240 hours and must be completed within 1 year. The offender is required to work the hours as instructed, keep in touch with the probation officer and immediately notify the officer of any change of address. If the offender does not carry out the work, they will be returned to court, where they could receive a fine, or any other sentence.

Q. What is a Combination Order?
A: A combination order is a probation order and community service order combined. The probation part of the order will be between 1 and 3 years, and the community service part for between 40 and 100 hours, to be completed within 1 year. The court can also impose additional requirements as with a probation order. The same restrictions apply.

Q. What is a conditional discharge?
A: A conditional discharge means that the defendant is absolved from punishment, provided that he commits no further offences during the period specified by the court, which may be up to 3 years. When imposing a conditional discharge, the court will explain to the defendant that he will be liable to be sentenced for the original offence, if found guilty of committing another offence during the specified period. If the defendant commits another offence during the specified period, he may be re-sentenced for the original offence.

Q. What is an absolute discharge?
A: An absolute discharge means that the defendant is released unconditionally without any penalty being imposed. It is suitable for cases where the defendant, though technically guilty of the offence, is not thought to deserve any punishment. An absolute discharge is the most lenient sentence available to the court.

Q. What is meant by 'binding over'?
A: Binding over, or recognisance as it is also known is when an offender 'binds' himself/herself to good behaviour, for example. If the offender breaks this commitment, he/she will have to pay a sum of money to the court.

Q. What about road traffic offences?
A: There are a number of penalties solely for road traffic offences. These are:

Q. Can a prisoner be released from prison early?
A: If the defendant receives a prison sentence, they may not necessarily have to serve the full length of the sentence passed by the court. Offenders, other than those sentenced to life imprisonment, generally serve 50% of the sentence that is announced in court. This means that someone sentenced to 6 years imprisonment will be released from prison after serving 3 years. This is known as 50% remission. The period of time that an offender has already spent in custody before the trial will also be taken into account when calculating their release date. In some cases, the offender is supervised in the community by the Probation Board after their release from prison. If this is the case, the judge will announce this when passing sentence. If you a victim of crime you will be eligible to register into the Prisoner Release Victim information Scheme (custodial sentences) run by the NIPS and/or the Victim Information Scheme (community supervised sentences) run by PBNI. Further information can be found by visiting the 'Victim Information Scheme' section of the Victims Walkthrough.

Q. Can I be kept informed about prisoner release or probation supervised sentences?
A: If you are a victim of crime you will be eligible to receive information from the Northern Ireland Prisoner Release Victim Information Scheme (PRVIS) managed by the Northern Ireland Prison Service (for custodial sentences of 6 months or more) or the Probation Board for Northern Ireland (PBNI) Victim Information Scheme (for probation supervised sentences).

Further information on both schemes can be found in the 'Victim Information Scheme' section of the Victims Walkthrough or can be made available from PRVIS or PBNI Victim Unit staff directly. Contact details for both schemes are listed in the 'Contacts Section' of this walkthrough.