Going to court A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court
This book should be read with the assistance of an adult supporter who knows about court procedures and can answer the young witness s questions. The supporter can then pass on information about the young witness s needs at court to the police, Crown Prosecution Service and court staff. Arrangements for supporting child witnesses vary in different parts of the country. The police will be able to give advice about the best person to talk to. Most magistrates courts have a witness booklet containing information about the court, how to get there and local transport. For further details please contact: (name of supporter)
This booklet tells you: 1 What a witness does 2 Who will be at court 3 What happens at court 4 Ways to help you give evidence (special measures) 5 What happens after the trial You have been given this booklet because you re going to be a witness at court. Lots of young people go to court as witnesses so don t feel that you re alone. A witness is someone who has seen something important, or knows about something that happened. Telling the people in a court what happened is called being a witness. Remember, a witness has not done anything wrong. Many young people feel better about going to court if they know what to expect before they get there. (You may have been asked to be a witness as a prosecution or defence witness.) If you have any questions, the person who asked you to attend court will help you. Going to Court 1
Why do people go to court? L aws 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 a place called a court. He or she is called a defendant. The people in a court decide whether the person has broken the law. This is called a trial. 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. Or they may have made a visual recording of what you said. This is called your statement. Now the court needs to know what happened so that it can decide if someone has broken the law. 2 Going to Court
What is a court? C ourts are usually big buildings with large rooms inside called courtrooms. Because a court is such an important place, there are rules that everyone has to follow. Some of these things may seem strange to you at first. The people who work at court will often use words that you haven t heard before. You ll learn more about these words later in this booklet. There are three different types of court: 1 Crown Court where a judge is in charge 2 Magistrates courts where one or more magistrates are in charge 3 Youth courts a type of magistrates court for those under the age of 18 who may have broken the law For more information about the court you are going to, have a look at the court diagrams on pages 16 17 and pages 18 19 Looking around the court: You can visit a court before you go to be a witness it s a good idea to see what it s like. You can look around a court waiting room and see an empty courtroom. You can even try some of the ways to help you be a witness (special measures). You can try sitting in all the different seats! The trial may not take place in the same court but in one like it. The person who asked you to be a witness can arrange a visit to the court. Going to Court 3
What happens in court? F irst of all, someone is asked if they broke the law that person is called the defendant. 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 very last minute after the witnesses have already arrived at court. If this happens, the court will say that you don t have to be a witness after all and you can go home. If the defendant says, No, I didn t break the law, this means the defendant pleads not guilty. When this happens, there needs to be a trial at court and the court needs you to be a witness. Will the trial go ahead? Problems can happen before the trial. If these problems cannot be solved, the trial may be cancelled. Sometimes, problems come up after the trial has started. If this happens, the judge, magistrates or 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. During the trial, witnesses like you take turns to tell the court what they know. That s why you are so important. 4 Going to Court
Worries I s there anything you still haven t told the police? Are you worried that you have told different things to different people? If you have any worries at all, don t be afraid to tell the person who asked you to go to court. Remember, they are there to help. It s a good idea to read your written statement or watch your visual recording before the trial to help you remember things. Don t worry, you will be able to do this before you give your evidence. You may feel at times that you don t want to be a witness. You may be able to have someone you trust sitting near you while you are at court. This person is called a witness supporter. This could be one of your family, or another grown-up you know well. Your friends at school don t need to know that you are going to court but it s a good idea to tell your teacher Going to Court 5
What happens at a trial? L awyers ask people in the court questions while everyone listens very carefully. Some lawyers try to prove that the defendant broke the law they are called prosecutors. Other lawyers try to prove the defendant did not break the law. They are known as defence lawyers. One at a time, the witnesses tell the court what happened. When the witnesses have finished, the court must decide whether or not the defendant broke the law. In a magistrates court, the magistrates leave the courtroom and decide together whether the defendant broke the law. In the Crown Court, this decision is made by a group of ordinary people called the jury. The court listens carefully to everything you say. When they have listened to all the witnesses the magistrates in a magistrates court or the jury in the Crown Court go out of the courtroom. They talk to each other in another room to decide whether the defendant broke the law. Visual recording If a visual recording was made when you talked to the police, it may be shown in court. The judge or magistrates may ask you to watch the visual recording and then answer questions about it. Lawyers will also ask you questions. Your job is just to tell the truth about what happened. 6 Going to Court
On the day Y ou ll have to wait before it s your turn. Sometimes it can take a while. The prosecutor will come and meet you. The defence lawyer may also come to meet you. That way you ll know who they are when they ask you questions later. Feel free to talk to the person who asked you to go to court about ways to help you give evidence (special measures). There is more information about special measures on page 9. You will be told before the day of the trial how you will give your evidence. Packed and ready? The court might be seeing a lot of different witnesses, so it could be a long wait. It s a good idea to take: a snack and a drink your favourite book, magazine, comic or a game a jumper or sweatshirt in case you feel cold a tissue. Going to Court 7
What s your job in court? Being a witness is very important. There are three things you need to remember: 1 Listen carefully to the questions and make sure you understand 2 Answer the questions as clearly as you can 3 And most importantly always tell the truth Taking the oath Taking the oath is a way of promising the court you will tell the truth. The usher will say the words of this promise, and then ask you to repeat them. 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. If you are under 14, you will not be asked to take the oath but will be asked to tell the truth. 8 Going to Court
Ways to help you give evidence (special measures) All young people can have help when they are a witness. This help is called special measures. Young people tell us that special measures help them feel more confident about being a witness. The special measures are: giving evidence via a TV link this means that you give your evidence away from the courtroom. screens in the courtroom preventing you from seeing the defendant while you give evidence. The defendant cannot see you. evidence given in private if the case involves a sex offence, or someone has been making you feel worried or frightened about giving evidence, then members of the public might not be allowed into the courtroom whilst you give your evidence. removal of wigs and gowns worn by lawyers and judges in the Crown Court. visually recorded evidence this is where the police interview you using a visual recording and it is played at trial as your main evidence. It is usually seen by everyone in the courtroom including the defendant. You are allowed to watch the recording again before the trial to help refresh your memory. use of an intermediary intermediaries help you to communicate with the court. Intermediaries help you to understand the questions you are asked and can help the court understand what you say when giving evidence. aids to communication you may use an aid, such as a sign and symbol board to assist you when communicating your answers. It is very important that young witnesses are asked about which special measures they think will help them the most. You may want to give evidence by a TV link, or you may prefer to go into the court room with screens to prevent you seeing the defendant. Tell the person who asked you to come to court about your views about using special measures. This person can give you more details about how they work in practice. Ask this person if you have any questions. The court will decide what special measures you will use. Witness supporter If the judge or magistrate agrees, you can have someone in the room with you while taking your statement, or giving evidence by TV link. This person is the witness supporter, and can be a friend or relative who has nothing to do with the trial, someone who has helped you to prepare for going to court, or someone appointed by the court. When deciding who the witness supporter should be, the judge or magistrates must consider your wishes. Going to Court 9
Using a TV link M ost courts have a TV link room for young witnesses. These rooms have a TV with a camera on it and another camera on the wall. The cameras are linked to TV screens in the courtroom. When these are switched on, the people in court (including the defendant) can see you and hear what you are saying. You can see the person who is speaking to you. So you can still be a witness without going into the courtroom or seeing the defendant. If you use the TV link, these are some things you should remember: If there s anything you don t understand, just ask the judge or magistrates to explain. Even if you can t see the judge or magistrates on the screen, they can always hear and see you. People in the courtroom write down the things you say. This can be quite slow, so don t worry if there are silent gaps between the questions. If you visit the court before the trial, you can try out the TV link. Sit in the court and ask someone to speak to you from the TV link room. If you would like to visit a court before you go to be a witness, ask the person who gave you this booklet. 10 Going to Court
When it s your turn... M ake sure you understand what each question means. People at court sometimes use long words! If you don t understand, just say, Can you repeat the question please? 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. No one will mind. Think carefully before you answer, and take your time and speak as clearly and as loudly as you can. The court really wants to hear what you say. If you don t know the answer to a question, it s OK to say: I don t know, or I can t remember. And it s also OK to tell a secret to the court, as long as it s true. Some questions might make you feel embarrassed or upset. It s not always easy to talk in front of strangers. But don t worry. The people in court will understand. And 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. Someone may join two or three questions together. If this happens just say: Please ask me the question a bit at a time. Going to Court 11
What if... you only agree with part of a question? Say which part you agree with, and which you don t. someone interrupts while you re talking? You can say: Excuse me, I haven t finished talking yet. you make a mistake? It s OK! Never be afraid to tell the judge or magistrates if you think you ve made a mistake. Nobody should tell you what to say. The court wants to know what happened in your own words. It s OK Someone may ask you a question that you have already answered. This doesn t mean your first answer was wrong. Just keep telling the truth. Remember that the judge and jury or magistrates will not be angry at anything you say. You haven t done anything wrong. 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. Remember the court needs to know everything that happened to help decide if the defendant broke the law. 12 Going to Court
Telling the TRUTH......it s the most important thing you ve got to do! T elling a lie means saying that something happened when you know it didn t. 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, try not to leave anything out. Never make anything up, and never guess. Remember, you don t have to agree with the person asking the questions, and you don t have to say anything to please anyone. Some questions might suggest that what you are saying is not the same as what you told the police. Other questions might make you confused. Don t worry or get upset. Just tell the truth. Going to Court 13
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 are telling the truth. Sometimes, a question can suggest a particular answer. For example, say your favourite aunt gives you a present of a CD and asks you if you like it. You know that she wants you to say, Yes! And you might say Yes, even if you hate the music! just so you don t hurt her feelings. In court, it s different. You don t have to agree with the person asking the questions and you don t have to say anything to please anyone. If you are asked a question which seems to suggest a particular answer, don t give that answer unless it really is the truth. These questions can be hard. They are a way of testing what you remember and whether you are telling the truth. Remember, your job is to tell the truth. Asking for help There are lots of people in court who can help you, and you can ask for help at any time during the trial. Just ask or put up your hand. Even if you are in the TV link room, the magistrates or judge can always see and hear you when the TV is turned on, even if you can t see them on the TV. Let the magistrates or judge know if you need to: 1 Stop for a rest 2 Have a drink 3 Go to the toilet 14 Going to Court
After the trial A fter you have answered questions in court your job as a witness is finished. Well done! The magistrates or judge will tell you when you can go home. If you want to know what the court decided at the end of the trial, the person who asked you to go to court will find out for you. If you want to talk about what happened at court, ask an adult who knows you and knows about your day at court. Guilty or Not Guilty Not guilty If the magistrates or the jury are sure that the defendant did not break the law, they will announce the defendant is not guilty and the trial will be over. Sometimes the magistrates or jury can t be absolutely sure that the defendant broke the law then they will say the defendant is not guilty. This is because it s wrong to punish someone unless it is absolutely clear he or she is guilty. If they say the defendant is not guilty, this doesn t mean that they did not believe you. Perhaps they could not be absolutely sure of what happened. Guilty If the magistrates or the jury are sure the defendant did break the law, they will say the defendant is guilty. The magistrates or judge will then decide how to punish the defendant on the day or at a later date. Thank you for being a witness. You have done a very important job. Going to Court 15
Who s who in a magistrates or youth court 1 The magistrates The magistrates are in charge of the courtroom. Usually there are three of them. The magistrates wear ordinary clothes; they don t wear wigs or gowns like Crown Court judges. They decide if the defendant broke the law. 2 The witness The witness tells the court about something that happened. There may be more than one witness at the trial. A young witness can give evidence in a TV link room (see top right). 3 The defendant The defendant is the person who has been accused of breaking the law. He or she will sit in a part of the courtroom called the dock. 4 The defence lawyer The defence lawyer s job is to try and show the court that the defendant didn t break the law. The defence lawyer will do this by telling the court what the defendant says happened. 5 The prosecutor This is the name given to the lawyer who tries to prove that the defendant has broken the law. 6 The witness supporter Young witnesses are allowed a grown-up family member or friend, the person who has helped them to prepare for going to court, or someone appointed by the court with them. This person is called your witness supporter. Your witness supporter may be able to sit with you while you are giving evidence, but it is up to the judge or magistrates to decide if they can. 7 The intermediary This is someone who helps make sure you understand what is said to you. The intermediary can help the people in court understand what you say to them. 8 The clerk or legal advisor The clerk or legal advisor takes care of the papers needed for the trial. The legal advisor advises the magistrates on law and helps to manage proceedings in court. 9 The usher The usher tells you when it is your turn to be a witness, and shows you where to sit and may sit with you in the TV link room. Ask the usher for help if you need anything. 10 The public A magistrates court is open to the public. People may sit quietly at the back and listen. The public are not allowed into a youth court. 3 16 Going to Court
1 9 2 6 8 4 5 2 7 6 How is the youth court different? In a youth court, magistrates deal with people under the age of 18 who may have broken the law. The main differences are: in a youth court, the magistrates sit at a table the defendant sits in front of the magistrates there is no dock the court is closed to the public. People who are not involved in the case are not allowed in the court. 9 10 As in a magistrates court, a young witness can give evidence using the TV link. If not, the young witness stands in a witness box or sits in a chair. It is a good idea to ask to visit your youth court before the trial. Youth courts are closed to the public so tell the usher if your supporter wants to come with you into the courtroom. Going to Court 17
Who s who in the Crown Court S ome adults wear uniforms to work for example, the police, hospital doctors and nurses. In the same way, people who work in the Crown Court can wear unusual clothes, such as gowns and wigs. Judges have a very important job to do and they may also wear a robe so that everyone knows who they are. Sometimes when young people go to court, the judge takes off his or her wig and robe. 1 The judge At the Crown Court, the judge is in charge and will sit at a high desk, called the bench. The judge listens carefully to what everyone says and makes sure that everyone follows the rules. 2 The jury The 12 ordinary people who make up the jury know nothing 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. 3 The clerk The clerk takes care of all the papers that are needed for the trial. 4 The note-taker There may be someone who types out what everyone says. 5 The defendant The defendant is the person accused of breaking the law. He or she will sit in a part of the courtroom called the dock. 6 The defence lawyer It is the defence lawyer s job to help the defendant by telling the court what the defendant says happened, and trying to show that they did not break the law. 7 The witness The witness tells the court about something that they saw or heard. There may be more than one witness at the trial. When young witnesses go to court they will often use a special room (small diagram on next page) with a TV link. When the witness goes into this room, the witness supporter and usher will join them. 8 The witness supporter Young witnesses are allowed a grown-up family member or friend, the person who has helped them to prepare for going to court, or someone appointed 2 18 Going to Court
1 10 7 8 3 4 6 10 5 7 9 12 8 11 by the court with them. This person is called your witness supporter. Your witness supporter may be able to sit with you while you are giving evidence, but it is up to the judge or magistrates to decide if they can. 9 The intermediary This is someone who helps you understand what is said to you. The intermediary can help the people in court understand what you say to them. 10 The prosecutor This is the name given to the lawyer who tries to prove that the defendant has broken the law. 11 The usher The usher tells you when it is your turn to be a witness, and shows you where to sit and may sit with you in the TV link room. Ask the usher if you need anything. 12 The public The Crown Court is usually open to the public. People may sit quietly and listen at the back of the court. Going to Court 19
Useful contacts ChildLine Telephone: 0800 1111 www.childline.org.uk 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: 0808 802 0008 www.childrenslegalcentre.com Email: clc@essex.ac.uk Offers advice by telephone, letter or email on matters of law and policy affecting children in England and Wales. VOICE UK Rooms 100 106 Kelvin House RTC Business Centre London Rd Derby DE2Y 8UP Telephone: 080 880 2 8686 www.voiceuk.org.uk Email: voice@voiceuk.org.uk Provides advice and support for people with learning disabilities who go to court, and for their families and carers. Produces publications designed to support witnesses with learning disabilities. Citizens Advice Bureau Can put you in touch with useful local and national organisations. Look in your phone book for the address of your nearest branch. NSPCC Weston House 42 Curtain Road London EC2A 3NH Telephone: 0808 800 5000 The National Society for the Prevention of Cruelty to Children (NSPCC) has local projects supporting child witnesses in some areas in England, Wales and Northern Ireland. To find out if there is a project in your area, contact your nearest divisional NSPCC office: Belfast: 02890 351135 Cardiff: 029 2026 7000 Leeds: 0113 229 2200 Leicester: 0116 276 9999 London: 0207 825 2500 Taunton: 01823 346350 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. The Helpline can also respond to child witness enquiries. Telephone: 0808 800 5000 Textphone: 0800 056 0566 20 Going to Court