Witness

If you have given evidence in a criminal trial, and the matter is referred to the Staff of Government Division, you may be required to come back to court to answer any further questions about your evidence from the original trial.

If you have been summonsed to court as a witness you must attend court on the date and time specified on the witness summons.

What do I do when I get to court?

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

Once you have passed through security you should go to the main courthouse reception. The receptionist will tell you which courtroom your case is in and where to wait.

The appellant and respondent may each have booked a witness room. You will be directed to one of these, and must wait there until you are called to give your evidence.

The hearing

When it is your turn to give evidence you will be called and lead to the witness box in the courtroom.

You must be sworn in before you give your evidence. To do this you will be asked to take the oath on a Holy Book of your religion, or you can affirm (promise) to tell the truth. The court usher will usually check with you before court which you want to do. You must read aloud from the oath/affirmation card. If you have trouble reading the card, the court usher will read it to you, you must repeat what they say.

Who will be in the courtroom?

In the courtroom there will be:-

the two judges;
the appellant;
the respondent;
the court clerk;
the court usher;
the dock officer;
the media (newspapers, radio, etc); and
advocates for the appellant and respondent.

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 should I call the judges?

Both the judges are addressed as;

Your Honour

My evidence

During the hearing, advocates for both the appellant and the respondent will ask you questions.

If you are a witness for the appellant:-

the appellant's advocate will take you through your evidence first;
the respondent's advocate will then ask you some questions in reply;
the appellant's advocate will then have a chance to ask you any further questions; and
the judges may ask you any questions they wish.

If you are a witness for the respondent;

the respondent's advocate will take you through your evidence first;
the appellant's advocate will then ask you some questions in reply;
the respondent's advocate will then have a chance to ask you any further questions; and
the judges may ask you any questions they wish.

After you have finished giving your evidence you may leave the courthouse.

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.