Witness

What should I do when I come to court? | Who will be in the courtroom? | What should I call the judge? | How should I behave in court? | What will I have to do in court?

If you are a witness in a Summary Courts case, you will be asked to come to court either by the prosecution or the defence. Whoever asked you to come as a witness will tell you the date and time you need to be in court. There may be other witnesses in court as well as you.

If you have been called as a witness to a case it may mean that you;

• are a party to the case;
• have seen or heard something in connection with the case; or
• have information about someone who is a party to the case.

What should I do when I come to court?

When you arrive at the courthouse you will have to pass through security.

You should then report to the courthouse reception. The receptionist will tell you which courtroom your matter is in and where to wait.

When it is time to go into court you will be called.

Who will be in the courtroom?

In the courtroom there will be;

• the High Bailiff/Deputy High Bailiff/Magistrates;
• the defendant;
• witnesses;
• members of the general public sitting in the public gallery;
• advocates;
• press (newspapers and radio);
• court clerk;
• advocates involved in matters other than yours; and
• dock officer.

What should I call the judge?

The High Bailiff, Deputy High Bailiff and Magistrates are referred to as:

Your Worship(s)

the chairman of the bench (i.e. the Magistrate in the middle) as:

sir or madam.

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you. If you wish to be seated in the witness box rather than standing you may be able to gain the permission from the judge to do so depending on your reasons. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher who will then pass them to the judge.

What will I have to do in court?

Once you have been called into court, the court usher will guide you to the witness box. You will be asked to either swear the oath on a Holy Book of your religion, or you can affirm (promise) to tell the truth. If you have any trouble reading the oath/affirmation card the court usher will read it to you, you must repeat what they say.

You will then be asked a series of questions by the party, or the advocate, who has asked you to be a witness on their behalf. Once they have finished then the other party or their advocate will also ask you a series of questions. This is called cross-examination. Try to speak clearly and answer any questions directly.

The first party or advocate will then be given an opportunity to ask further questions. This is called re-examination. Finally the High Bailiff/Deputy High Bailiff/Magistrates may ask you any questions.

When you have finished giving your evidence, you will be told by the High Bailiff/Deputy High Bailiff/Magistrates that you can be excused and you can either leave the court or sit in the public gallery until the court session is finished.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.