Tell me more about court A book for young witnesses

Transcription

1 Tell me more about court A book for young witnesses

2 This book is aimed at witnesses aged 10 to 15, although younger witnesses may also find it helpful. What is a witness? You have been given this book because you re going to be a witness at court. A witness has not done anything wrong. A witness is someone who has seen something important, or knows about something that happened. Telling the court what happened is called being a witness. Lots of young people go to court as witnesses. So don t feel that you re alone. No one finds it easy to do something new for the first time. But many young people feel better about going to court if they know what to expect before they get there. This book tells you: what a witness does who will be at court what happens at court what happens after the trial Look out for the word games and puzzles inside! If you think of any questions you would like to ask about going to court, you can talk to the person who gave you this book. will be glad to tell you more about what will happen when you go to court. The adult who is helping to prepare the child for court should write their name in the space above. See How to use this book on page 20.

3 Why do people go to court? Laws are important rules about how we should behave towards each other. When someone does not obey these rules, they are breaking the law. If the police think that someone has broken the law, that person usually has to go to court. The court decides whether the person has broken the law. It is wrong to break the law, and people who do can be punished. You helped the police by telling them about something that happened to you, or about something that you saw. You answered questions about someone who may have broken the law. The police may have written down what you said. This is called your statement. Did the police make a video of what you said? Perhaps you also talked to a social worker. Social workers help children and their families. Now the court needs to know what happened so that it can decide if someone has broken the law. 1

4 What do courts look like? Courts are usually big buildings with large rooms inside called courtrooms. Because the court is such an important place, there are special rules that everyone has to follow. Some of these things may seem strange to you at first. The people who work at court often use words that you probably haven t heard before. You ll learn more about these words later in this book. There are three different types of court: At a Crown Court, a judge is in charge. At a magistrates court, one or more magistrates are in charge. At a youth court magistrates deal with young people under the age of 18 who may have broken the law. A witness has not broken the law. Some Crown courts and youth courts (but not magistrates courts) have a special room for young witnesses. You can find out more about this in Going live on page 11. Sometimes at a court you may be asked to sit in the courtroom. If this happens, there may be a screen between you and the defendant, so that you cannot see the defendant and he cannot see you. The people who work at a Crown Court sometimes wear unusual clothes. Most of the people who work at the magistrates court and youth court wear ordinary clothes. 2

5 Who s who in court? These are some of the people at court. Each person has a special place to sit and a different job to do. The judge At a Crown Court, the judge is in charge. The judge sits at a high desk, called the bench. The judge listens carefully to what everyone says and makes sure that everyone follows the rules. Judge Defence lawyer The Defence lawyer The defence lawyer s job is to help the defendant by telling the court what the defendant says happened. The witness The witness tells the court about something that happened. There may be more than one witness at the trial. Witness The defendant This is the person who may have broken the law. He or she will sit in a part of the courtroom called the dock. The defendant is not allowed to ask you questions or to come near you. Prosecutor The prosecutor The prosecutor tells the court about how the defendant may have broken the law. Defendant 3

6 The jury The jury is a group of 12 people. They will not know anything about the case before they arrive. Like you, they may be visiting a court for the first time. The jury has a very important job to do. It must decide whether the defendant broke the law. The police officer or prison officer A police officer or prison officer in uniform makes sure that the defendant cannot speak to you or come near you in court. Police officer Prison officer Clerk The clerk The clerk takes care of the papers that are needed during the trial. The court reporter The court reporter uses a special machine to write down what everyone says in court. The jury Usher The usher The usher tells you when it is your turn to be a witness, and shows you where to sit. You can ask the usher for help if you need anything. Other people may sit quietly and listen at the back of the court. 4 Court reporter People listening

7 Dressing up for court Just as some children wear a uniform to school, some adults wear special clothes to work. The police, hospital doctors and nurses are just three examples. You can probably think of lots of others. Some people who work in court also wear special clothes. Judges have an important job to do, so they wear a robe over their clothes and a wig to make them look different. Sometimes when young people go to court, the judge takes off his wig and robe. Jumbled jobs These people have got their jobs all muddled up. See if you can sort them out. Draw a line to link each person to the job they do. We decide if the defendant is guilty I m in charge of the court I help the defendant I show the witness where to sit I try to show the court how the defendant may have broken the law Answers: Judge is in charge of the court Defence lawyer helps the defendant Usher shows the witness where to sit Prosecutor tries to show the court how the defendant may have broken the law Jury decides if the defendant is guilty

8 What happens in court? First the court ask the defendant if he broke the law. If the defendant says: Yes, I did, this means that the defendant pleads guilty. If this happens, you will not have to be a witness. Sometimes the defendant pleads guilty at the last minute, after the witnesses and the jury have already arrived at court. If this happens, the judge will say that you don t have to be a witness after all and that you can go home. If the defendant says: No, I didn t break the law, this means that the defendant pleads not guilty. When this happens, there needs to be a trial at the court. The court needs you to be a witness. What happens at the trial? During the trial, the judge and jury listen carefully to what everyone says. The prosecutor has to show to the jury that the defendant broke the law. One at a time, the witnesses tell the court what happened. If a video was made when you talked to the police, the judge may show it to the people in court. The judge may ask you to watch the video as well, and then to answer questions about what you said in the video. It s your job to tell the truth about what happened. The prosecutor and the defence lawyer ask you and the other witnesses some questions. The judge and jury listen carefully to everything you say. 6 When they have listened to all the witnesses, the jury go out of the courtroom. They talk to each other in another room to decide whether the defendant broke the law.

9 Guilty or not guilty? If the jury is absolutely sure that the defendant broke the law, they tell the judge that the defendant is guilty. The judge then decides how to punish the defendant for what he has done. Sometimes the jury can t be absolutely sure that the defendant broke the law. If this happens, the jury must say that the defendant is not guilty. The judge then tells the defendant that he is free to go home. If the jury says the defendant is not guilty, this doesn t mean that they did not believe you or the other witnesses. Perhaps they could not be sure what happened. Courtroom Wordsearch Can you find the words below hidden in the puzzle? Some of the words are written straight across, but some read downwards, diagonally, backwards or upwards! We ve circled one of the words to give you a head start. LAWS PROSECUTION COURT MAGISTRATE DEFENDANT JUDGE JURY TRUTH WITNESS POLICE 7

10 Inside a cou Courts have rules, just like schools and sport. In this court, the judge is in charge. Everyone at court has a special place to sit and a special job to do. Can you remember what each of the people in court does? If you can t remember, turn back to pages 3 and 4. Imagine what it would be like to do some of these people s jobs. Which job would you like to do most? The court you go to might look like this one. 1 Judge 2 Witness 3 Defendant 4 Defence lawyer 5 Prosecutor 6 The jury 7 Police officer 8 Prison officer 9 Clerk 10 Court reporter 11 Usher 12 Person listening 13 Person listening 8

11 rtroom In the TV link room This witness is talking to the court from the TV link room (see page 11). 9

12 What s your job in court? Being a witness is a very important job. There are three things you need to remember: 1 2 Listen carefully to the questions. Answer the questions as clearly as you can. 3 And most important - always tell the truth. Taking the oath When it is your turn to be a witness, the usher will show you where to sit. If you are aged 14 or over, the usher will ask you to take the oath before you answer questions. This is a way of promising the court that you will tell the truth. The usher will say a few special words and ask you to repeat them. 10

13 Going live Some courts (but not all) have a special TV room for young witnesses. The room has a TV with a camera on it, and another camera on the wall. The cameras are linked to the courtroom where there are other TVs. When these are switched on, the people in court can see you and hear what you are saying. You can see the person who is asking you questions. So you can be a witness without going into the courtroom or seeing the defendant. If you talk through the special TV, these are some things you should remember: The judge and the court reporter write down the things that you say. This can be quite slow, so don t worry if there are silent gaps between the questions. Ask the judge if anything happens that you don t understand. Even if you can t see the judge on the screen, the judge can always hear and see you. If your court has a special room like this, you could try it out before the trial. You can sit in the judge s chair and ask someone to speak to you from the special room. If you would like to visit a court, ask the person who gave you this book. 11

14 Tips to help you LISTEN Make sure you understand what each question means before you answer it. If you don t understand, just say: Can you repeat the question please? People at court sometimes use long words! Please ask me the question a bit at a time. Someone may jumble two or three questions together. If this happens, just say: Please ask me the question a bit at a time. If someone asks you the same question again in a different way, and you still don t understand it, don t worry. Just say: I m sorry, but I still don t understand. The judge won t mind if you say this. Can you repeat the question please? 12

15 I can t remember. Think carefully before you answer, and take your time. Tips to help you ANSWER Nobody should tell you what to say. The court wants to know what happened in your own words. Speak as clearly and as loudly as you can. The judge, jury and the court reporter all need to hear your answers. If you agree with part of a question but not all of it, it is best to say which part you agree with, and which you don t. If you don t know the answer to a question, it s OK to say: I don t know, or I can t remember. If someone interrupts while you re talking, you can say: I haven t finished talking. Some questions might make you feel embarrassed or upset. No one likes to talk about personal things in front of strangers. But don t worry. You can use any words you want to even if you think the words are rude. The most important thing is that you tell the court everything you know. I haven t finished talking. It is OK to tell a secret to the court, as long as it s true. 13

16 If you make a mistake, don t be afraid to tell the judge. Someone may ask you a question that you have already answered. This does not mean that your first answer was wrong. Just keep telling the truth. Some of the questions will be about something the defendant did or said. These may be things only you and the defendant know about. They may be things that you don t want to say out loud. Try to remember that the judge and jury need to know what happened so that they can decide if the defendant broke the law. Remember that the judge and jury will not be angry at anything you say. You haven t done anything wrong. Telling the TRUTH Er Well Um it s very er Don t Telling the truth is the most important job you ve got to do. Telling a lie means saying that something happened when you know it didn t happen. Or it can mean saying that something didn t happen when you know that it did. It is wrong to tell lies. When you answer a question, make sure you say what really happened, and try not to leave anything out. Never make anything up. You might find some questions difficult to answer. Some questions might suggest that what you told the police is not the same as what you are saying at court. Other questions might try to make you confused. Don t let this worry you. Just keep telling the truth. 14

17 you like it Angie? Difficult questions You might find some questions difficult to answer. The people asking the questions want to know what you remember. They also want to check that you re telling the truth. Some questions suggest a particular answer. For example, imagine that your favourite aunt gives you a jumper that she has knitted for you and asks if you like it. You know that she wants you to say yes. So you might say yes, even if it s not true, just because you don t want to hurt her feelings. At court, the lawyers may ask you questions which might suggest an answer to you. These questions can be hard. They are a way of testing what you remember and whether you are telling the truth. Remember, you don t have to agree with the person asking you the questions, and you don t have to say anything to please anyone. Your job is to tell the truth. Asking for help Let the judge know if you need to: stop for a rest have a drink go to the loo You can ask the judge for help at any time during the trial. To ask for help, just put your hand up. Even if you are in the TV room, the judge can always see and hear you when the special TV is turned on, even though you can t see the judge on the TV screen. (See picture on page 11). 15

18 It is a good idea to visit a court before you go to be a witness. This might help to make you feel more prepared when the real day arrives. Can I visit the court before the trial? You can look around an empty courtroom and try sitting in the different seats. On the day, the trial may not take place in this court, but in one like it. You can also look at the waiting room. Will I have to wait on the day? You may have to sit in the waiting room or some time before it s your turn to talk. These are some things you could take with you: a snack and a drink your favourite book, comics or a game tissues or a hanky a jumper in case you feel cold While you are waiting, the prosecutor and the defence lawyer might come and meet you, so that you know who they are when they ask you questions later. If you made a statement to the police, it s a good idea to read it before you talk to the court, or to ask an adult to read it to you. This will help you to remember things you may have forgotten. 16

19 Where will I sit on the day? The judge will decide whether you should to to the courtroom or to the special TV room. Someone will let you know before the day of the trial. On the day itself, the usher will show you where to go. If you have to go into the courtroom, there may be a screen between you and the defendant, so that you can t see each other. Talk to the person who gave you this book if you would like a screen. It is up to the judge to decide if this can happen. But even if your court doesn t have a special TV room or a screen, don t worry. You don t have to look at the defendant at any time. And remember, the defendant is not allowed to come near you or talk to you in the courtroom. What if things go wrong? Sometimes, when the prosecutor is getting ready for the trial, problems arise. If these problems cannot be solved, the trial might be cancelled. In some cases, the problems come up after the trial has started. If this happens, the judge or the prosecutor may decide that the trial has to stop. The witnesses will be told that they can go home. The defendant will be free to leave the court too. The trial can be stopped if an important witness did not come to court, or for other reasons. 17

20 It may take a long time for the trial to come to court. You may feel at times that you don t want to be a witness after all. If you do feel like this, talk to the person who gave you this book. Let them know if you are worried about something, or if you would like to have someone you trust sitting near you while you are at court. Your friends at school don t need to know that you are going to court. But it s a good idea if your teacher knows. Is there anything you still haven t told the police? Are you worried that you have told different things to different people? It may be that you were scared or confused. If this has happened, or if you have any worries at all, don t be afraid to tell the person who gave you this book. Remember, they are there to help you. Will it help to talk to someone about how I feel? 18

21 After the trial After you have talked to the court, your job is finished. Well done! The judge will tell you when you can go home. If you want to know what the judge and jury decided, ask someone to tell you. Remember, whatever happens to the defendant is not your fault. You told the truth about something that happened. Telling the truth is never wrong. (See Guilty or not guilty on page 7). Don t forget Listen carefully. Always tell the truth. Take your time when you answer a question. Don t guess or make up an answer. It s OK to say I don t understand, or I don t know, or I can t remember. If there s something you forgot to say, tell the judge. If you made a mistake, tell the judge. Always ask the judge if you need help. 19

22 How to use this book This book should be read with the assistance and support of an adult who knows about court procedures and can answer the child s questions. The adult reader can then also convey information about the child s needs at court to the police, Crown Prosecution Service and court staff. Not every point covered in this book will be relevant to every child. Too much information can be confusing. Some of the information in this book may be helpful to certain adult witnesses, such as those with a learning disability. However, the legal provisions which have been introduced to help child witnesses (in particular the admissibility of video evidence and thee use of live TV links) do not extend to adults, whatever the extent of their learning or other disability. For easier reading, we have referred to the defendant as he/him, although he information applies equally to women. When helping a young witness to prepare for court, please be careful not to rehearse or practise the young person s evidence. The case is likely to be dropped if the young person appears to have been coached. (The police can give you more advice about this.) Taking the oath Young people aged 14 or over will be asked to take the oath before answering any questions. It will be helpful if you explain to the young witness what this means, and read the words to them before they go to court. (I promise before Almighty God to tell the truth, the whole truth, and nothing but the truth.) If the witness is not religious, they can say a different oath that does not mention God. If they are religious but not Christian, there is a special oath that they can say. Useful Contacts The following organisations can offer information and support for child witnesses and their parents or carers. For further useful contacts see the booklet Your Child is a Witness. ChildLine Freepost 1111 London N1 0BR Telephone: Operates a free, 24-hour helpline for children who need counselling, advice or help with any kind of problem. Children s Legal Centre University of Essex Wivenhoe Park Colchester Essex CO4 3SQ Telephone: Offers advice by telephone or letter only on matters of law and policy affecting children in England and Wales. The Advice Line is open 10am-12pm and 2pm-5pm Monday to Friday. NSPCC Weston House 42 Curtain Road London EC2A 3NH Telephone: Website: The National Society for the Prevention of Cruelty to Children (NSPCC) has local projects supporting child witnesses in many areas in England, Wales and Northern Ireland. To find out if there is a project in your area, contact your nearest NSPCC divisional office: South East Wales Midlands and West North Northern Ireland The NSPCC also operates the NSPCC Child Protection Helpline, a free, 24-hour service which provides counselling, information and advice to anyone concerned about a child at risk of abuse. Please call on The Helpline can also respond to child witness enquiries. Textphone for deaf and hard of hearing people

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24 The Young Witness Pack aims to help children aged 5-17 who have to appear in court as a witness. It is based on research and examples of good practice both in the UK and overseas. It helps to familiarise young witnesses with the court process and their role within it. This familiarisation will not, in any way, prejudice the rights of the defendant. Items in The Young Witness Pack series include: FOR YOUNG WITNESSES Let s Get Ready for Court An activity book for child witnesses aged 5-9. Tell Me More about Court A book for young witnesses aged Inside a Courtroom A card model of a courtroom with slot-in characters. For use with younger witnesses. Going to Court Information and advice for Crown Court witnesses aged Young Witnesses at the Magistrates Court and the Young Court For 9-17 year olds. Screens in Court An information sheet for 9-17 year olds. FOR PARENTS AND CARERS Your Child is a Witness FOR CHILD WITNESS SUPPORTERS Preparing Young Witnesses for Court For copies of any of the items above, contact: Publications and Information Unit, NSPCC, Weston House, 42 Curtain Road, London EC2A 3NJ. Telephone The Young Witness Pack was developed and funded by the Home Office, Lord Chancellor s Department, Crown Prosecution Service, Department fo Health, ChildLine, and the NSPCC. Additional advice was provided by: Barnardo s Bridgeway Project, Criminal Bar Association, Gloucestershire Constabulary, Hampshire Social Services Highfield Centre, Inner London Youth Court, Justices Clerks Society, Kingston upon Hull and East Riding ACPC Child Witness Service, the Law Society, Magistrates Association, NSPCC Child Witness Support projects, the Prison Service, the Probation Service, T.V. Edwards Solicitors, Victim Support and the Witness Service. Co-ordinators: Joyce Plotnikoff and Richard Woolfson, independent consultants. NSPCC/ChildLine, 1998 This book was first published in This edition published in NSPCC Registered Charity Number: ChildLine Registered Charity Number: ISBN Edited and produced by Wordworks, London W4 2HY. Design by Spark Ceresa. Illustrations by Guy Parker-Rees.