Being awitness. A booklet for young witnesses going to court

Transcription

1 Beig awitess A booklet for youg witesses goig to court

2 Beig ss awite A booklet for youg witesses goig to court For further details please cotact (ame of supporter) This book should be read with the assistace of a adult supporter who kows about court procedures ad ca aswer the youg witess s questios. The supporter ca the pass o iformatio about the youg witess s eeds at court to the police, Crow Prosecutio Service ad court staff. Arragemets for supportig child witesses vary i differet parts of the coutry. The police will be able to give advice about the best perso to talk to. Most magistrates courts have a witess booklet cotaiig iformatio about the court, how to get there ad local trasport.

3 Itroductio Lots of youg people go to court as witesses. So do t feel that you re aloe. It s ot always easy to do somethig for the first time. But may youg people feel better about goig to court if they kow what to expect beforehad. This booklet explais: What a witess does Who will be at court What happes at court Ways to help you give evidece (special measured) What happes after the trial Why have I bee asked to be a WItess? You have already told the police about somethig you saw or heard, or about somethig that happeed to you. The police made a record of what you said, either by makig a visual recordig or by writig it dow (i your statemet). The police ad the Crow Prosecutio Service have decided that someoe may have committed a crime ad must go to court. Now the court eeds you to aswer questios about what happeed. What you tell the court is called your evidece. It is importat that ayoe who helps you to prepare for court does ot talk to you i detail about your evidece. The court eeds to hear from you, i your ow words. Beig a witess 1

4 Why does there eed to be a trial? Atrial happes whe a perso, called the defedat, is accused of committig a crime. If the defedat states that they are ot guilty, a trial i court is eeded to decide whether or ot this is true. People i the court hear both sides of the argumet ad the decide whether or ot the defedat is guilty. The court ca oly reach this decisio with the help of iformatio give by witesses like you. WIll the trial defiitely go ahead? If the defedat agrees that they broke the law, they plead guilty. If this happes, you will ot have to give evidece. Sometimes the defedat pleads guilty at the last miute, after everyoe has come to court. If this happes, the magistrates or judge will say that you do t have to give evidece after all ad that you ca leave. A lot of plaig ad preparatio is eeded before a trial ca start. Sometimes problems arise. For example, a witess may ot be able to come to court o the trial date. Or a report eeded by the prosecutio or defece may ot be ready o time. If these problems caot be solved, the trial might have to be put off util a later date. If the problem is serious, the trial might be cacelled altogether. I some cases, problems come up after the trial has started. If this happes, the court may decide that the trial should stop. The witesses will be told that they ca go. The defedat may be free to leave the court, too. Whe a perso accused of a crime says they are ot guilty, witesses like you must go to court for a trial. 2 Beig a witess

5 visitig the court before the trial Sometimes it ca be several moths before you are eeded i court. It s a good idea to visit a court before the trial. Whoever asked you to be a witess ca arrage this for you. You ca visit with a family member or a supporter. You ca see the waitig room ad discuss ay cocers you might have about comig to court. If you are worried about seeig the defedat, appropriate arragemets ca be made. You ca look aroud a courtroom ad fid out about the ways to help you give evidece (called special measures). You should be able to test out the TV lik (this allows a witess to give evidece away from the courtroom). You should also be able to see a scree i place i the courtroom (this prevets a witess i court from seeig the defedat). A pre-trial visit ca help if you are worried about the trial. At the visit, you will be able to see ad try some of the ways that may help you give your evidece. Someoe should offer you a visit to a court before the trial. If this does ot happe, ask the perso who has asked you to atted court. Iformatio about special measures is available o page 6. your views about beig a WItess After you have visited the courtroom, you ll have a better idea about how you d prefer to give evidece i ope court, behid a scree, or by TV lik. Ask the perso who arraged your visit to pass o your views to the lawyers. The judge or magistrates will make the fial decisio about how you give evidece but it is helpful for them to kow what you thik. You may also have a view about whether the judge ad lawyers i the Crow Court should take off their wigs ad gows. Tell the perso who asked you to atted court what you thik. Your trial may ot take place i the courtroom you visit but i oe like it. There are three differet types of court: magistrates courts, youth courts, ad the Crow Court. The perso who asked you to atted court will tell you which type of court you are goig to. You ca see what these courts look like i the diagrams o pages ad pages You may also fid it helpful to speak to someoe who kows what goes o i a court. Beig a witess 3

6 Before you go to court Both the prosecutor ad the lawyer for the defece ask witesses questios i court. The prosecutio is the ame for the people accusig the defedat of breakig the law. The defece is the ame for the people who try to prove that the defedat has t broke the law. the WItess service The Witess Service operates i every Crow Court, magistrates courts, ad youth courts. This service is ru by the idepedet charity, Victim Support. It provides support for both prosecutio ad defece witesses attedig court. You will meet someoe from the Witess Service whe you go to court. They caot talk about why you have bee asked to be a witess but they will be a friedly face to welcome you. If you have ot already visited the court, they may be able to show you aroud ad remid you what will happe whe you give evidece. If you are a WItess for the ProsecutIo If you have ay questios about: beig a witess ways to help you give evidece (special measures) havig a supporter i the TV lik room with you whe you give evidece what is happeig with the case you should ask the police or the perso who asked you to atted court. O the day of the trial, the prosecutor will come ad meet you before you go ito court. You ca see your writte statemet before you go ito court to give your evidece to remid you what you said. If you made a visually recorded statemet, you should be able to see it before the day of the trial. Ask the police officer, prosecutor or the perso who asked you to atted court to arrage this for you. If you are ervous about seeig the defedat, ad have ot already doe so, tell the police or the perso who asked you to atted court before you go to court. You may be able to wait o stadby somewhere earby, outside the court buildig, or you may be able to eter the court by a differet etrace. If you are waitig at court, someoe from the Witess Service or court staff should be able to show you a place where you ca wait away from the public area. Is there aythig you still have ot told the police? Or perhaps you are worried that you have told differet thigs to differet people? It may be that you were scared or cofused. If this has happeed, or if you have ay other worries at all, just tell the police or the perso who asked you to atted court before you go to court. As a witess for the prosecutio, you will be give a form complete. This meas that some of your travel ad other reasoable expeses will be paid for you. If you are a WItess for the defece If you have ay questios about beig a witess, if you wat to fid out what is happeig with the trial you are ivolved with, or if you wat to visit the court beforehad, ask the defece lawyer. O the day of the trial, the defece lawyer should come ad meet you before you go ito court. If you have questios about where to wait at court, just ask the staff at the court or the Witess Service. You ca also ask them about claimig travel ad other expeses to get to the court. 4 Beig a witess

7 What happes at a trial? Oe at a time, the witesses tell the court what they kow about what happeed. The magistrates, or i the Crow Court the judge ad jury, liste carefully to all that is said. The prosecutor ad the defece lawyer take turs to ask each witess questios. I a magistrates or youth court, whe the magistrates have listeed to everyoe, they go out of the court to a private room. They talk together ad decide whether or ot the defedat is guilty. I the Crow Court, it is the jury that decides whether or ot the defedat broke the law. Whe all the evidece has bee heard, the members of the jury leave the courtroom. They talk about what they have heard ad come to a decisio. Without witesses like you, courts would t be able to work. If the jury is sure that the defedat broke the law, they tell the judge that the defedat is guilty. The judge the decides how to puish the defedat for what he or she has doe o the day or at a later date. If the magistrates or jury thik that the defedat did ot break the law, or if they are ot sure, they must say that the defedat is ot guilty. If this happes, do t thik that they did ot believe you or the other witesses. Perhaps they could ot be sure what happeed. If the defedat is ot guilty, he or she is usually free to leave court. Bail coditios may o loger apply. For more iformatio about the differet people i Crow Courts, magistrates courts ad youth courts, see the diagrams o pages ad pages O the day of the trial, you may have to wait a while before you are called to give evidece. It is a good idea to brig somethig to read or a game to pass the time. You may wat to brig a sack ad a drik, too. Beig a witess 5

8 Givig evidece Whe it s your tur to give evidece, you will be show where to go. Oce the trial has begu, witesses caot go ito the courtroom before they have give evidece. Someoe ca usually go with you ito court ormally a relative, fried, teacher, or other supporter. But this perso caot also be a witess who is waitig to give evidece. Ways to help you give evidece (special measures) All youg people ca have help whe they are a witess. This help is called special measures. Youg people tell us that special measures help them feel more cofidet about beig a witess. The special measures are: givig evidece via a TV lik this meas that you give your evidece away from the courtroom. You go ito aother room i the court buildig (or sometimes away from the court buildig) with a supporter agreed by the court. You sit i frot of a TV lik. O the top of the TV lik there is a camera which is coected to the courtroom. You are see o the TV lik by everyoe i court, icludig the defedat. screes i the courtroom prevet you from seeig the defedat while you give your evidece. The defedat caot see you. evidece give i private if the case ivolves a sex offece, or someoe has bee makig you feel worried or frighteed about givig evidece, the members of the public might ot be allowed ito the courtroom durig your evidece. removal of wigs ad gows wor by judges ad lawyers i the Crow Court. visually recorded evidece where the police iterviewed you usig a visual recordig ad it is played at trial as your mai evidece. It is see by everyoe i the courtroom icludig the defedat. You are allowed to watch the recordig agai before the trial to help refresh your memory. use of a itermediary a itermediary ca help you to commuicate with the court. The itermediary helps you uderstad the questios you are asked ad ca help the court uderstad what you say. aids to commuicatio sometimes you may use a aid, such as a sig ad symbol board, to assist you whe commuicatig your aswers. It is very importat that youg witesses, like you, are asked about which special measures you thik will help you. You may wat to give evidece by a TV lik, or you may prefer to go ito the courtroom with screes to prevet the defedat seeig you. Tell the perso who asked you to come to court what you thik about usig special measures. This perso ca tell you more about how they work i practice. Ask this perso if you have ay questios. The court makes the decisio about usig special measures but eeds to kow what you thik. 6 Beig a witess

9 WItess supporter It may be possible to have a supporter who kows you to accompay you while you give evidece. This could be the perso who has helped you prepare for goig to court, or a adult fried or family member who has ot bee ivolved i ay way with the case. It is importat to tell the perso who asked you to go to court who you d like to be with you while you give your evidece. The judge or magistrate will decide whether to allow this, but they must cosider what you say. helpig you uderstad What Is said to you (the ItermedIary) Poeple at court ofte use difficult words. Questios may seem log or complicated ad be dificult to uderstad. A itermediary ca help you uderstad what is said to you. They will also help people at court to uderstad what you are sayig to them. You ca ask for a itermediary if you are worried that: you might ot uderstad questios at court it would be difficult to say you do ot uderstad the court will ot uderstad what you say. If you would like a itermediary to help you, tell the perso who asked you to be a witess. You must do this before the day of the trial. The magistrates or judge will decide whether you ca have help from a itermediary. If they decide a itermediary ca help you, you will meet the itermediary before you go to court. The itermediary will: sit with you while you give your evidece help you uderstad the questios help the people askig you questios to uderstad your aswers. screes I the courtroom If a youg witess gives evidece i the courtroom, a scree may be placed betwee the witess ad the defedat so that they caot see each other. The judge or magistrates eed to kow if you would like a scree but they will make the decisio. Beig a witess 7

10 Takig the oath If you are 14 or over, the usher will ask you to take the oath before you aswer questios as a witess. This meas that you promise to tell the truth. Before you go ito the courtroom, tell the usher: if you have a religio, which Holy Book you use; if you are ot religious you ca make a differet promise that does ot metio God; if you have ay difficulty readig the usher will say the words first ad ask you to repeat them. You should also tell the usher if there are other religious practices you eed to follow while you are at court. You will be asked your ame ad how old you are. Usually you do ot eed to give your address. If you are asked for your address ad do ot wat to say it out loud, tell the judge or magistrates that you would prefer to write it dow. Speak slowly ad clearly as the clerk will be writig dow what you say. 8 Beig a witess

11 Beig questioed 3 thigs you eed to remember: 1 Liste carefully to the questios ad make sure you uderstad them 2 Aswer the questios as clearly as you ca 3 Most importatly tell the truth listeig to the questios Lawyers ofte use words or phrases that are hard for witesses to uderstad. It is importat to be sure that you kow what each questio meas before you aswer it. If you do t uderstad, say: I do t uderstad. Ca you ask me that agai i a differet way? If someoe asks you the same questio agai ad you still do t uderstad it, it is OK to say: I m sorry, but I still do t uderstad. Someoe may ask you two or three questios together. If this happes, it s OK to say: Please ask me the questios oe at a time. aswerig the questios Thik carefully before you aswer ad take your time. If you kow the aswer, tell the court. Say what happeed, ad try ot to leave aythig out. Never make aythig up, ad do t guess. Speak as clearly ad loudly as you ca. If you do t kow the aswer, it s OK to say: I do t kow or I ca t remember. If you forget to say somethig or if you make a mistake, tell the judge or magistrates. Some questios may be about somethig the defedat did or said. The questios might make you feel embarrassed or upset. It s all right to use ay words you eed to. The most importat thig is tellig the court everythig you kow. Nobody is allowed to tell you what to say. If ayoe tries to, just igore them. The court wats to hear what happeed from you i your ow words. Beig a witess 9

12 Tellig the truth Tellig the truth is the most importat thig a witess has to do. The magistrates, or the judge ad jury, eed to kow what you as a witess remember seeig or hearig. The lawyers askig you questios eed to make sure you are tellig the truth. There are a umber of differet ways i which their questios may check this. Lawyers may suggest aswers to their ow questios. Do ot agree with ay suggestio uless it is true. Never agree just to please that perso. Some questios might suggest that what you say at court is differet from what you told the police. Do t worry, just tell the truth. You may be asked a questio that you have already aswered. This does ot mea that your first aswer was wrog. Just aswer agai. Do t be agry or hurt if a questio suggests that you are ot tellig the truth. Remember it is the lawyers job to test what you have to say to help the court uderstad what happeed. ca I ask for help? You ca ask the judge or magistrates for help at ay time whe you are givig evidece. Tell them if you do ot uderstad a questio, or if you eed to go to the toilet, or eed a break or a drik of water. If you are stadig, you ca ask if you ca sit dow. If you eed help while you are givig evidece, do t be afraid to stop, put your had up or say, Excuse me. 10 Beig a witess

13 After the trial After you have aswered all the questios, your job is fiished. The judge or magistrates will tell you whe you ca go. If you wat to kow what was decided at the ed of the trial, ask the police or the perso who asked you to atted court to let you kow. Or to fid out more quickly, you ca telephoe the court. A ewspaper may report the court s decisio but caot metio your ame. If the defedat is foud guilty, they might ask for aother chace to prove that they are ot. This is called a appeal. If the defedat makes a appeal, witesses sometimes have to come to court agai. However, this is very rare. Thak you for beig a witess Witesses are very importat. Our justice system relies o them to come to court ad tell the truth about what happeed. But remember, each witess is oly part of the system. Whe you are a witess, you are ot resposible for what the court decides. Beig a witess 11

14 Who s who i a magistrates court? the magistrates The magistrates are i charge of the courtroom. Usually there are three of them. The magistrates wear ordiary clothes; they do t wear wigs or gows like judges i the Crow Courts. The magistrates decide if the defedat broke the law. the clerk The clerk sits at the frot of the court ad takes care of all the papers that are eeded durig the trial. the defedat The defedat is the perso who has bee accused of breakig the law. The defedat sits i the dock ad is ot allowed to speak to you, uless they are represetig themselves. Sometimes a uiformed officer sits ext to them. the defece lawyer It is the defece lawyer s job to help the defedat. This lawyer also asks the witesses questios ad tries to show that the defedat did t break the law. Sometimes a defedat will represet themself but this is very rare. the usher The usher usually wears a black robe ad tells you whe it is your tur to give evidece. While you are waitig, you ca ask the usher for help if you eed aythig. If you leave the waitig area, let the usher kow.

15 the WItess The witess aswers questios from a place i the courtroom called the witess box. A youg witess ca give evidece from aother room i the court buildig (show right) usig a TV lik the usher ca usually sit with you. Your supporter may be able to sit with you; however, this will be up to the magistrates. the ItermedIary The itermediary helps make sure you uderstad the questios. If the court gives you a itermediary, you will meet him or her before the trial. the Prosecutor The prosecutor is a lawyer who tries to show the defedat has broke the law. The prosecutor does this by presetig evidece ad askig you questios about what you saw or heard, or what happeed to you. the WItess supporter You are allowed a grow-up family member or fried with you or someoe who has helped you to prepare for goig to court as a supporter at court. Your supporter may be able to sit with you while you are givig evidece, but it is up to the magistrates to decide if they are allowed to. the PublIc A magistrates court is ope to the public. They ca sit quietly ad liste at the back of the court. youth court the differeces A youth court is part of a magistrates court, dealig with people uder the age of 18 who have bee accused of breakig the law. The mai differeces are that i a youth court: the magistrates sit at a table; the defedat sits i frot of the magistrates; there is o dock; members of the public are ot allowed i. I a youth court, youg witesses usually give evidece from behid a scree or by usig a TV lik. Otherwise, youg witesses may stad i the witess box or sit i a chair. It is a good idea to ask to visit your youth court before the trial so that you ca see what the courtroom looks like. All youth courts are private. This meas members of the public caot sit ad liste. You should come to court with a paret or other supporter. Because this court is private, tell the usher if your supporter wats to come ito the courtroom with you. The usher will ask the magistrates for permissio. 13 Beig a witess

16 Who s who i the Crow Court? the Judge The judge usually wears a traditioal white wig ad black gow. It is the judge s job to make sure that all witesses, icludig youg witesses, are able to tell the court what happeed. The judge will make sure that you uderstad the questios. the clerk The clerk sits at the frot of the court ad takes care of all the papers that are eeded durig the trial. the Jury The jury is made up of 12 people who kow othig about the trial before they come to court. It is their job to liste to all the witesses ad the to decide whether or ot the defedat is guilty. the defece lawyer It is the defece lawyer s job to help the defedat. This lawyer also asks the witesses questios ad, by presetig the defedat s poit of view, tries to show the defedat did t break the law. Sometimes a defedat will represet themself but this is very rare. the defedat The defedat is the perso who has bee accused of breakig the law. The defedat sits i the dock ad is ot allowed to speak to you, uless they are represetig themselves. Sometimes a uiformed officer sits ext to them. 14 Beig a witess

17 tv lik room Most youg witesses give evidece from a separate room i the court buildig, usig a TV lik which allows you to see ad talk to the judge ad the lawyers. If you use a room like this, the usher ca usually sit with you. Your supporter may be allowed to sit with you however, it is up to the judge. the WItess The witess aswers questios from a place i the courtroom called the witess box. A youg witess ca give evidece usig a TV lik from aother room i the court buildig (above). the ItermedIary The itermediary helps make sure you uderstad the questios. If the court gives you a itermediary, you will meet him or her before the trial. the WItess supporter You are allowed a grow-up family member, fried or someoe who has helped you to prepare for goig to court as a supporter at court. Your supporter may be able to sit with you while you are givig evidece, but it is up to the judge to decide if they are allowed to. the usher The usher usually wears a black robe. The usher tells you whe it is your tur to give evidece. While you are waitig, you ca ask the usher for help if you eed aythig. If you leave the waitig area for ay reaso, let the usher kow. the ote-taker There may be someoe who types out what everyoe says. the Prosecutor The prosecutor is a lawyer who tries to show the defedat has broke the law. The prosecutor does this by presetig evidece ad askig you questios about what you saw or heard, or what happeed to you. the PublIc The Crow Court is usually ope to the public. People may sit quietly ad liste at the back of the court. 15 Beig a witess

18 Useful cotacts childlie Telephoe: Operates a free, 24-hour helplie for childre who eed cousellig, advice or help with ay kid of problem. childre s legal cetre Uiversity of Essex Wivehoe Park Colchester Essex CO4 3SQ Telephoe: clc@essex.ac.uk Offers advice by telephoe, letter or o matters of law ad policy affectig childre i Eglad ad Wales. voice uk Room Kelvi House RTC Busiess Cetre Lodo Rd Derby DE2Y 8UP Telephoe: voice@voiceuk.org.uk Provides advice ad support for people with learig disabilities who go to court, ad for their families ad carers. Produces publicatios desiged to support witesses with learig disabilities. citizes advice bureau Ca put you i touch with useful local ad atioal orgaisatios. Look i your phoe book for the address of your earest brach. spcc Westo House 42 Curtai Road Lodo EC2A 3NH Telephoe: The Natioal Society for the Prevetio of Cruelty to Childre (NSPCC) has local projects supportig child witesses i some areas of Eglad, Wales ad Norther Irelad. To fid out if there is a project i your area, cotact your earest divisioal NSPCC office: Belfast Cardiff Leeds Leicester Lodo Tauto The NSPCC also operates the NSPCC Child Protectio Helplie, a free, 24-hour service which provides cousellig, iformatio ad advice to ayoe cocered about a child at risk of abuse. The Helplie ca also respod to child witess equiries. Telephoe: Textphoe: Beig a witess

19 RAPE CRISIS CENTRES Ca offer cousellig for childre who have bee raped or sexually abused. Look i your phoe book for details of your local cetre. LOCAL AUTHORITY CHILDREN AND YOUNG PEOPLE S SERVICES Formerly kow as social services, they offer a variety of help ad support. For details of your local social services departmet, look i your phoe book uder the ame of your local authority. VICTIM SUPPORT SCHEMES Offer a variety of help ad support, icludig help with applicatios to the Crimial Ijuries Compesatio Authority. Look i your phoe book for details of Victim Support schemes i your area, or call the Victim Supportlie o THE WITNESS SERVICE Victim Support rus the Witess Service at each Crow, magistrates ad youth court, staffed by a paid co-ordiator ad traied volutary workers. The Witess Service produces a leaflet, Goig to Court, which gives more iformatio about the service provided. The leaflet is available from court, or from Victim Support headquarters (telephoe: ). THE WITNESS LIAISON OFFICER Each court has a amed member of staff who, as the Court Witess Liaiso Officer, is istrumetal i esurig the cosistet ad appropriate care of witesses, icludig youg witesses, while they are at court. The role varies from court to court accordig to local arragemets made with the Witess Service ad Witess Care Uit, ad could iclude: familiarisatio visits to the court before the trial; aswerig questios about court procedures ad facilities; demostratig TV lik equipmet before the trial i appropriate cases; miimisig the child s waitig time at court; arragig for the child to arrive at ad depart from a side etrace of the court, if local coditios permit; separate waitig areas for youg witesses; ad providig a local iformatio leaflet for those supportig child witesses. The Witess Liaiso Officer usually works closely with the Witess Service. WITNESS CARE UNITS Every area has a Witess Care Uit which acts as a sigle poit of cotact for prosecutio witesses. (Sometimes police child protectio uits cotiue to deal directly with youg witesses ad their families istead of the Witess Care Uit). The Witess Care Officers i these uits are resposible for carryig out detailed eeds assessmets for witesses ad for maitaiig a local cotact directory of orgaisatios that ca provide support. They are also resposible for liaisig with the court ad Witess Service.

20 Produced by the Miistry of Justice, based o the origial Youg Witess Packs published by the NSPCC. Illustratios: Alice Tait ad Mark Blade. Crow copyright May