FAQs Archive - Witness Service

Q: How will I be informed about the verdict?

If you leave the court without knowing the verdict, you’ll usually be informed by the officer in the case (OIC) or your witness care officer from the Witness Care Unit if you’re a prosecution witness. If you’re a defence witness, you can ask the defence solicitor for the outcome. The defendant will either have been found guilty or not guilty. Not guilty verdict: when there's a not guilty verdict, the criminal justice process is now concluded in the eyes of the law. Guilty verdict: once a guilty verdict has been made, the offender will be sentenced. Sometimes this takes place immediately, but often a sentencing hearing is set for days, weeks or even months later. This is to ensure the judge or magistrate has all the information they need to decide an appropriate sentence.

Q: What happens after I have given evidence at court?

After giving your evidence, your role as a witness is ended and you’re free to leave the court. Alternatively, you can: Return to the witness waiting area to speak to a Witness Service supporter if you need to talk about what you’ve just experienced or need support. Watch the rest of the trial from the public gallery, if this applies to your case. It’s important not to talk to any other witnesses involved with the case about anything you said or heard in the courtroom, or the public gallery if you choose to watch further evidence being given. This also means not posting about the case on social media or discussing the case during breaks.

Q: Can I take a break during the trial?

Yes – you can ask the judge or magistrates for a break or toilet break if you need one during questioning.

Q: Can I listen to other witnesses giving evidence?

You’re allowed to sit in the back of the court after you’ve given your evidence and been released (the judge or magistrates have said you can go). However, before you decide whether to stay and listen to other witnesses, it’s worth thinking about how this might make you feel. If you’re unsure, you can talk to a Witness Service supporter who can help you consider what’s best for you.

Q: How do I give my evidence?

When it’s time to give your evidence, a court usher will collect you from the waiting area and take you to the courtroom. They’ll show you where to stand – this is called the witness box – and help you take your oath or affirmation, which is your promise to tell the truth. You can either swear on a holy book or make a non-religious affirmation. Once you’re sworn in, the solicitor who called you as a witness will ask you questions to help you explain what happened. When they finish, the other solicitor will ask questions too – this is called cross-examination. These questions may feel more challenging as the opposing side want to test the credibility of your evidence or highlight any inconsistencies. If you’re unsure what is being asked, you can ask for the solicitors to repeat a question or to say it in a different way. If you do not know the answer to a question, you can say so: you should never guess or make up an answer if you’re unsure.

Q: What do I call the judge?

If you need to speak directly to the judge during the trial, you can use ‘Judge’ if you’re unsure what to call them. For example, “Yes, Judge”. You can also ask the Witness Service supporter, or the CPS prosecutor or defence solicitor, what to call the judge before you give your evidence. The judge will understand you are not a legal expert and may be nervous, so it’s okay if you address them incorrectly by mistake.

Q: Will anyone talk to me about the case before I go into the courtroom?

If you’re a witness for the prosecution Before you give your evidence, and while you’re waiting in the witness waiting area, the CPS prosecutor or someone else from the prosecution team will speak with you about the case. They’ll be dressed for court and may be wearing a wig and gown. If you’re a witness for the defence If you’re a witness for the defence, the defence lawyer or someone from the defence team will visit you in the waiting area before you give evidence.