Going to court A booklet for children and young people who are going to be witnesses at Crown, magistrates or youth court 5051688011814
This booklet tells you: 1 2 3 4 What a witness does Who will be at court What happens at court 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. If you have any questions, (The adult helping prepare the young witness for court should write their name in the space above.) will be glad to tell you more about what will happen when you go to court. 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. 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 video 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. 1 2 3 There are three different types of court: Crown Court where a judge is in charge Magistrates court where one or more magistrates are in charge Youth court 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. 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 witness. 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
What happens at a trial? Lawyers 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. Press play If a video was made when you talked to the police, it may be shown in court. The judge or magistrates may ask you to watch the video and then answer questions about it. Lawyers will also ask you questions. Your job is just to tell the truth about what happened. Going to court 5
What s your job in court? Being a witness is very important. There are three things you need to remember: 1 2 3 Listen carefully to the questions and make sure you understand Answer the questions as clearly as you can 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. 6 Going to court
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 asking you questions. 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. Going to court 7
When it s your turn... Make 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. 8 Going to court
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. Going to court 9
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. 10 Going to court
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. 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 band! 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 1 2 3 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 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 screen. Let the magistrates or judge know if you need to: Stop for a rest Have a drink Go to the toilet Going to court 11
Looking around the court Y ou 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 an empty courtroom you can even try sitting in all the different seats! The trial may not take place in the same court but in one like it. Will the trial go ahead? Problems can arise while a trial is being prepared. 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. 12 Going to court
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. Other worries Is 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 gave you this booklet. Remember, they are there to help. It s a good idea to read your written statement or watch your video statement before the trial to help you remember things. Don t worry you will be able to do this before your talk to the court. 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, called a witness supporter, could be one of your family, or another grown-up you know well. Going to court 13
On the day Y ou ll have to wait before it s your turn, and it can be a while. The prosecutor and defence lawyer may come and meet you that way you ll know who they are when they ask you questions later. Most young witnesses talk to the court using a TV link but sometimes witnesses have to go into the courtroom. You will be told before the day of the trial. If you do have to go into the courtroom, you may be able to have a screen between you and the defendant so that you can t see each other. Talk to the person who gave you this booklet if you would like a screen. 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. 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 gave you this booklet 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. 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. Not sure = not guilty 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. 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 usually gives 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 try to 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 with them as a supporter at court. Your supporter may be able to sit with you while you are giving evidence, but it is up to the magistrate to decide if they can. 7 The clerk The clerk takes care of the papers needed for the trial. 8 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. 9 The public A magistrates court is open to the public. People may sit quietly at the back and listen. The public is not allowed into a youth court. 3 16 Going to court
6 1 8 2 7 2 How is the youth court different? 4 5 6 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. 8 9 As in a magistrates court, a young witness usually gives 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 court 17 13
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 2 18 Going to court
8 1 10 7 3 4 7 8 10 often use a special room (above) 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 usually allowed to have a grown-up family member or friend with them as a supporter at court. Your supporter may be able to sit with you while you are giving evidence, but it is up to the judge to decide if they can. 6 5 9 11 9 The prosecutor This is the name given to the lawyer who tries to prove that the defendant has broken the law. 10 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. 11 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
Notes 20 Going to court
Produced by the Office for Criminal Justice Reform, based on the original Young Witness Packs published by the NSPCC. Illustrations: Phill Burrows and Mark Blade. Product code:ywp10-13 Reference: 285327 September 2008 www.cjsonline.gov.uk