If you’re asked to give evidence in court, you’ll have to swear to tell the truth and answer any questions the magistrate or judge says you have to answer.
Being called to court
You’ll get a notice delivered to you at home telling you when you need to be in court.
You can be:
asked to give evidence
summoned to appear in court (this is called a subpoena).
If you’re summoned to appear, you have to show up. If you don’t, the court can issue a warrant for your arrest or charge you with contempt of court.
Time off work
Your employer has to give you time off work to act as a witness..
Going to court
Arrive at court 15 minutes before the time you’ve been asked to appear. There’s no dress code but you should wear something neat and tidy.
You should take:
your court summons, if you have one
any documents or other items you’ve been asked to bring, like bills or photographs.
Keep photocopies of your documents at home — it might be several months before you get the originals back.
You might also want to bring something to read or do while you’re waiting as you might not be called to give evidence right away.
Facing the accused if you
were the victim of the crime
If you are a victim of a crime you might have to face the defendent
give evidence in a different room
have a support person sit with you while you give evidence. You can’t talk to them or touch them, but they can be close by.
Usually, members of the public can come to the trial if they want to. The judge or magistrate can also:
make an order that your name and personal information can’t be reported in the paper or on the news close the court while you give evidence, so the public have to leave.
Giving your evidence
First, you’ll be sworn in. You have to swear to tell the truth on a Bible, or make an affirmation if you’re not religious. After this point, it’s a crime to lie.
If you think a question is inappropriate or irrelevant, you can ask the judge or magistrate if you have to answer. You have to answer if the judge or magistrate says you do.
Talking about the case
You can’t talk about what you’ve said at court until the trial is over. If the judge or magistrate calls a break (eg for lunch or for the day), you aren’t allowed to speak to anyone about the case during the break.
If someone tries to convince you to change your story
Tell the lawyer or the Police immediately. It’s illegal for anyone to harass or attempt to influence a witness.