Preparing to go to court as a witness
From the Citizens Advice website.
This advice applies to England.
You’ll be told the date of the trial by the person who asked you to go to court.
They’ll keep you up to date and explain what you need to do about things like transport and childcare, so that you can plan ahead.
If you’re worried about going to court, you can get free and confidential help from the Witness Service. They can give you emotional support and help you understand the court process.
You can find out more about the Witness Service and how to get help.
If you need time off work
If you haven’t already spoken to your employer, let them know as soon as possible that you'll need time off work.
Your employer doesn’t have to pay you for time off work when you go to court as a witness. But you can claim expenses for loss of earnings - ask someone from the Witness Service for a form on the day of the trial.
If your employer says you can’t have time off
You should talk to your witness care officer or the defence lawyer.
The court can issue a ‘witness summons’ that you can show to your employer to prove you have to go.
If you can’t make the court date
If you're ill on the day or have a family emergency for example, tell your witness care officer or the defence lawyer as soon as you can. The court might be able to carry on the trial without you but they often have to change the date so you can give evidence.
What to wear in court
There aren’t any rules about what you should wear when you go to court, but most people will be dressed smartly. Whatever you wear, you should make sure you’re comfortable because it can be a long day.
If you need to arrange childcare
You can claim up to £67 for each day that you’re in court to cover the cost of paying for childcare.
If you do take your children to court you’ll need to bring a friend or relative with you to look after them - children under 14 aren’t allowed into the courtroom unless they’re giving evidence.
Check to see if the court you’re going to has baby changing facilities, if you need them.
If you’re worried about going to court because of coronavirus
The court should follow certain rules to keep you safe - you can read the latest guidance on GOV.UK.
You can check how to prepare if the court arranges a hearing by phone or video call.
Contact the court if they haven’t told you how to attend your hearing. You can search for the court’s contact details on GOV.UK.
Planning your travel
You can find a map and directions for the court you’re going to using the GOV.UK court and tribunal finder.
It’s best to plan your journey to court in advance so you make sure you have plenty of time on the day of the trial. If you’re not sure how to get to court, ask someone from the Witness Service - they’ll have local knowledge about the area.
If you’re driving to court, park somewhere you can stay for the day - the trial could be delayed or go on longer than you expect.
You can claim expenses for travel, car parking charges and congestion charges.
If you can’t afford to get to court
You can get money in advance if you’re a prosecution witness - just let the Witness Care Unit know.
If you’re a defence witness, speak to the defence lawyer.
If you get a witness summons, the police can pay for your travel if you need it.
If you’re disabled
You can use the GOV.UK court and tribunal finder to find out:
- what disabled parking, access and toilet facilities are available at the court
- if the court has hearing enhancement facilities
What will happen on the day of the trial as a witness
This advice applies to England. See advice for See advice for Northern Ireland, See advice for Scotland, See advice for Wales
On the day of the trial, you’ll have to go to court to give your evidence.
When you get to court, you can get help from the Witness Service. Ask the staff at the reception to help you find someone from the Witness Service.
You can ask the person from the Witness Service to show you a courtroom before you give evidence. They might show you a picture if a courtroom isn't free.
You can also get help from the Witness Service before the trial - find out more about the Witness Service and how to get help.
If you’re worried about going to court because of coronavirus
The court should follow certain rules to keep you safe - you can read the latest guidance on GOV.UK.
You can check how to prepare if the court arranges a hearing by phone or video call.
Contact the court if they haven’t told you how to attend your hearing. You can search for the court’s contact details on GOV.UK.
What will happen when you give evidence
When you go into the courtroom, you’ll be ‘sworn in’ - this means you agree to tell the truth. It’s a criminal offence if you don’t tell the truth. You don’t have to remember what to say when you’re sworn in - you’ll be given a card with the words on it.
The lawyer representing the side which asked you to give evidence will start asking you questions.
When the lawyer asks you questions you can:
- ask them to repeat a question or ask it in a different way
- say if you don’t know the answer
- ask them to explain any words you don’t understand.
If you find it difficult to stand in the witness box
You’ll normally have to stand while you're in the witness box. If you find standing difficult, you can ask the magistrate or the judge if you can sit down.
When you’re asked questions by the other side
After you've given evidence for the side which called you as a witness, you'll be asked questions by the lawyer for the other side. This is called cross-examination.
It’s their job to try to present a different version of events. It can feel stressful but just tell the court in your own words what happened to you or what you saw. If you don’t understand a question, feel upset by the questions or feel unwell, you should say so. The magistrate or judge might let you have a break before you carry on. You can ask for a drink of water or a tissue if you need one.
Staying in the court building
If you want to leave the court building, for example to get some fresh air, you should ask the person from the Witness Service and they’ll pass on your request.
If you’re allowed to leave the building, you should let them know where you’re going and how you can be contacted. You shouldn’t go too far away in case you're needed back at short notice.
After you’ve given evidence
You’re free to go after you’ve given evidence. You can stay to watch the rest of the trial if you're aged 14 or over. You’ll sit in the courtroom with other members of the public.
You must not discuss anything you said or heard in court with other witnesses who haven’t given their evidence yet. This includes talking about it on social media sites, including Twitter or Facebook.
Keep your employer updated
You should let your employer know if you have to go back to court another day. Make sure you have arrangements in place such as child care.
It’s possible that you won’t have to go into the courtroom that day if other cases take longer than expected. If this happens, you might need to come back to court the next day or on another day.
If you need to claim expenses
You can claim expenses for going to court to give evidence - you’ll get a form to fill in. Make sure you keep receipts for expenses - you’ll need to hand these in with the form.
If you need help filling in the form, contact the Witness Service.
Find out how much you can claim on GOV.UK.
You won’t usually be able to claim expenses if you’re a character witness.
You also won’t be able to claim expenses if you attend court but refuse to give evidence.
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