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AM I WITNESS

When violence or a crime happens there are, at least, two figures present:

  • the VICTIM - person (or people) targeted by the violence or abuse committed by one (or more than one) offender in a specific situation.
  • the OFFENDER - person or group who act(s) violently or aggressively against a victim or group of victims.

Depending on the circumstances there may be WITNESSES.

 WITNESSES are:

  • The people who have seen, heard or lived closely with a situation of violence or crime.

  • The people who have tried to intervene in order to resolve the situation or to help the victim.

  • The people who have become aware of what happened due to contacts with the victim (or the offender) or because of the close relationship with one of them (or both).

Being a WITNESS can be a disturbing experience:

  • they may feel that their own life (or the victim’s life) is in danger;

  • they may feel afraid that something bad might happen to them or the victim;

  • the experience can have a negative impact on their emotional and psychological well-being.

EXAMPLE: when we hear or see verbal or physical offences between our relatives.

    Witnesses may also be VICTIMS of crime or violence when, while helping to resolve the situation or to protect the victim, they suffer negative reactions (e.g. physical aggression) on the part of the person who is being violent.

    EXAMPLE: when we witness a robbery on the street and the mugger, after becoming aware of our presence, tries to frighten, threaten or attack us.

       PLEASE NOTE!

      If you witness any violent situation or crime, there are things you can do to help.
      For more information search on What should I do?

      Witnessing a crime or a violent situation may have a negative impact on our emotional and psychological well-being.

      The way the witness is affected by the experience differs with:

      • His/her age. When the witness is older, he/she may have more knowledge and more ability to handle the situation on his/her own and to act upon what is happening with more confidence and safety.

      • The previous relationship with the people involved (e.g. victim, offender or both). It may be more difficult to deal with
        and accept a situation of violence or crime that happened between people the witness is close to.

      • The type of violence witnessed. Seeing or hearing episodes of severe physical violence or violent crimes (e.g., involving the use of weapons) may cause more negative emotional impact.

      • The number of times the witness saw or heard episodes of violence/crimes. When the witness saw or heard a violent situation or a crime repeatedly over time, intense negative emotions may arise, such as guilt, hopelessness or frustration (related to the fact that the witness feels that he/she was not able to do anything to prevent the situation).

      Witnessing a crime or violent situation may not damage us physically (meaning that we weren’t injured during the situation), but may cause some emotional problems.

      Some witnesses feel:

      • in shock;

      • unable to react;

      • confused:

      • when the situation involves people who the witness  knows, there may be mixed feelings (e.g., feeling affection towards the offender and, at the same time, disliking or disagreeing with what he/she did);

      • the mood becomes confusing as well -  being calm and happy and feeling sad and "down" a few seconds later;

      • sad:

      • sadness can be more intense when the situation involves people closer to the witness (friends or family, for example);

      • frightened;

      • insecure;

      • anxious, worried and distressed - frequent thoughts and memories about what happened may occur;

      • extremely alert regarding everything that happens around (feeling constantly afraid that the situation might happen again) and intense fear for his/her own life;

      • afraid that something bad might happen or afraid of being abused, attacked or “caught” by the offender;

      • guilty and ashamed because of having not  helped the victim or felt frightened and frozen while the situation was underway;

      • worried and insecure about giving evidence in Court (search on Going to Court for more details).

      Some health issues may appear:

       sleeping  problems (e.g. nightmares about what happened);

       nausea, vomiting, dizziness;

       headaches;

       loss of appetite;

       frequent crying;

       memory difficulties (e.g. not remembering when or where something important happened);

       concentration problems (e.g. get easily distracted by things that are happening around while studying).


      Behavioral changes may also arise:

       more aggressive towards others (e.g. more conflicts with classmates or friends);

       withdrawal from the closest people;

       ack of interest for activities once enjoyed;

       lack of motivation towards school (linked to lower grades and missing classes on purpose);

       avoiding places that bring up memories about what happened (and avoidance of walking through the exact location where violence/crime occurred);

       avoiding and withdrawal from people who were involved in the experience witnessed (especially when the experience involved the closest people - relatives; boyfriend/girlfriend; friends);

       having behaviors that are more typical of younger children (e.g., sleeping with the lights on).

       PLEASE NOTE!

      Each person reacts differently during and after witnessing a violent situation or a crime.

      Emotional reactions are a natural response to an experience that can threaten our well-being and personal safety. Emotional symptoms should lessen over time.There are some behavioral reactions which are especially serious as they may put yourself or others at risk of being harmed (such as aggressiveness). If you realize that you are behaving in a way that might damage yourself or others, it is important to get some help.

      If symptoms (emotional; physical or behavioral) persist or if you feel the same way you felt when the crime or violence happened, talk to an adult you trust: tell your parents, to your school psychologist or counselor.

      They can advise and recommend you the more appropriate professional help.

      IF YOU THINK THAT A VIOLENT SITUATION IS ABOUT TO HAPPEN OR IF IT IS ALREADY UNDERWAY (even if it doesn't involve you directly):

      • Call 999.

      • Ask an adult for help:

      • a teacher or a member of the school staff (if the situation is taking place at school);

      • an adult who is nearby or in a shop such as a cafe or supermarket (if the situation takes place on the street or in another public space).

      • If you are with the person or group being violent, try to calm things down and prevent further violent behaviours:

      • don’t blame the potential victim nor the potential offender for what's happening;

      • talk calmly with both of them and help them to understand the other's point of view;

      • suggest resolving the conflict by talking;

      • keep calm and never resort to aggression or violence to solve the conflict; aggressive or violent reactions may make the situation worse.

      PLEASE NOTE!

      • Always remember to put your safety first.
      • If you suspect it might be dangerous for you to try to solve the situation on your own, ask an adult for help.
      • Call 999 if you think it is for the best. Explain what is happening and where the situation is taking place.

      IF YOU KNOW SOMEONE WHO IS A VICTIM OF VIOLENCE:

      • Talk to your friend in a place where he/she feels safe and at ease.
      • Listen carefully to what your friend is telling you.
      • Show concern and interest for what he/she is telling you.
      • Show that you believe in what he/she is telling you.
      • Do not be judgmental and do not ask "why?" questions. Your friend is not to blame for what happened.
      • Support him/her without judging, even if you feel frustrated or think he/she could have dealt with the situation differently.
      • Keep in touch with your friend: give him/her time, attention and comfort. Organise some enjoyable activities for you two to do together.
      • Convince your friend to tell a trusted adult what is going on: his/her parents or a school staff member.
      • Tell your friend he/she can contact Victim Support Scotland. Support is free of charge and confidential. Help your friend and be at his/her side when he/she contacts Victim Support Scotland.

      IF YOU KNOW SOMEONE WHO IS BEING VIOLENT IN HIS/HER RELATIONSHIPS (be it a friendship, going out with someone or any other relationship):

      • Help your friend to understand that his/her behaviour has consequences for other people: ask him/her "How would you feel if someone treated you like this?". 
      • Becoming aware of the impact that our attitudes and behaviours have on others can be an important step for changing.
      • Tell your friend that it is important to acknowledge responsibility for their behaviours: apologising to the person harmed by his/her violent behaviour is the first step.
      • Challenge your friend to try alternative behaviours to violence:
      • they can turn their back to avoid the situation that made them angry;
      • they can take a deep breath, count to 10 and try to solve problems through talking.
      • Tell your friend that they can get help to change the way he/she relates with others. Teachers, the school's counsellor or psychologist can give advice on this type of situation.

      Victim Support Scotland

      • Victim Support Scotland can help you and your family. Victim Support Scotland offers information, support and advice to help you deal with  what has happened. They also offer support if you have to attend Court to give evidence.

      • You can contact Victim Support Scotland by looking in the phonebook or searching the website for your nearest office. Or you can phone their helpline.

      • Helpline: 0845 603 9213

      • Website: www.victimsupportsco.org.uk

      ANYONE WHO HAS BEEN A VICTIM OF CRIME OR WHO HAS WITNESSED A CRIME HAS THE RIGHT TO REPORT IT.

      If you have been a witness of crime, it is strongly recommended that you report it to the police. Once reported, the likelihood of catching the person who committed the crime and stopping him/her from doing the same to others is much higher.

      If you want to report a crime in confidence, without identifying yourself, it is possible to report crime anonymously. See WHERE CAN I REPORT? (below) for more information on how you can report crime.

      You can also get support and advice on reporting crime from organisations such as Victim Support Scotland.

       WHERE CAN I REPORT?

      • A crime can be reported by contacting the local police station and giving them information about what happened.

      • If you want to report a crime anonymously (without being identified) or give information about a crime, you can call Crimestoppers on 0800 555 111. The call will never be traced and the person will not be required to give information in Court or give a full statement.

      • In some areas, if a racial or homophobic crime has taken place, it is possible to report the crime without going to a police station. This is called “Remote Reporting” or “Third Party Reporting”. This type of reporting allows you to report the crime to an organisation, who in turn will report it to the police. To find out which organisations in an area offers remote reporting facilities, you can contact local police force anonymously or have a look on the police force’s website.

        WHAT IS INVOLVED IN REPORTING A CRIME?

        Reporting a crime is free of charge.
        In any of the places where you can report a crime you will have to provide some information about what happened, what you have seen or heard:

        • the time and date of the crime;

        • the location of the event;

        • the description of what happened;

        • the description of the people involved (offender, if possible; victims; witnesses).

        The police will use this information to help them solve the crime and bring the perpetrator to justice.

        The person identified as the perpetrator of the crime may be notified and informed about the report made against them.

         WHAT HAPPENS AFTER A CRIME IS REPORTED?

        After the crime is reported an INVESTIGATION stage starts, during which the police will seek to gather all available evidence. This might require gathering more information from any victims and witnesses.

        • Victims and witnesses of crime will normally be asked to give the police a STATEMENT. This involves telling the police officer everything that happened or everything that was seen. This is important as it forms part of the  evidence the police are collecting and helps them to decide whether a crime has been committed. The statement is a legal document, and may also be used during later stages of the investigation and prosecution (put an accused on trial) of the crime. For example, it may be used by the Crown Office and Procurators Fiscal Service (COPFS), (see information about this figures on About going to court who can use it to decide whether it is likely the accused will be found guilty (convicted) of the crime. The statement can also be used as evidence in Court. For these reasons, it is important to make a statement only when you are ready and clear about what you want to say. After giving the statement, the police usually read it back to make sure it matches what the victim has said. If the victim agrees with the statement, they then have to sign it. Once this is done, the victim is given a crime reference number, which they can use later to get information from the police about the same case.

        • If the crime is of a sensitive nature, such as a sexual crime, the victim can ask to be interviewed by an officer of the same sex. For example, if a female victim can ask to speak to a female police officer.

          After a victim or witness has been interviewed (that is, the police have taken the statement) they may not to hear from the police again for some time. If the victim or witness wants to know how their case is progressing, they can do so by contacting the police, quoting the crime reference number the police gave, which helps the police find the information more easily.

          If the police identify a person or people they think are responsible for the crime there are several things they can do. For example, they might decide to take no further action, give the offender a warning, order the offender to pay a fine, etc.


          In Scotland there are different ways of dealing with an accused person, depending on their age:

          If the accused person is a young person (under 16), and if there is enough evidence, they will usually be referred to the CHILDREN’S REPORTER who considers what action to take.

          • The Children’s Reporter investigates the case to decide whether or not compulsory measures of intervention are needed to deal with the accused person. If compulsory intervention is required a Children’s Hearing will be held. A Children’s Hearing makes decisions on the issues and needs of the accused young person and how these issues can be addressed to
            prevent them offending again.

          • Some cases may need to be considered by both the Children’s Reporter and the Procurator Fiscal together, to decide whether the case should be dealt with by a CHILDREN’S HEARING or by the formal criminal justice system. Usually, it is only the most serious crimes committed by young people that are dealt with by the formal criminal justice system and
            taken to Court.

          • In many cases the accused young person will be referred to the Children’s Reporter, who decides whether or not a Children’s Hearing is needed. A Children’s Hearing makes decisions on the issues and needs of the accused young person and how the issues can be addressed to prevent them offending again.

          • Victims do not attend Children’s Hearings.

          PLEASE NOTE:
          The Children’s Hearings System deals with children and young people in Scotland under the age of eighteen who are in need of help. There are two main reasons why the Children’s Hearings System will help a child or young person:

          • Because they are in need of care and protection.

          • Because they have got into trouble with the police (e.g. they committed a crime).

          You can learn more about this here.
          For more information you can also search on: Scottish Children’s Reporter Administration

          • Provides information about the Children’s Hearing.

          • Website: www.scra.gov.uk

          If the accused person is an adult (over 16) and there is enough evidence, the police will report the crime to the Procurator Fiscal, who is responsible for the prosecution of crime in Scotland.

          • They decide what should happen with each report received from the police.

          • The Procurator Fiscal will review the case and, if there is enough evidence, they will put the accused on trial in Court.

          • The Procurator Fiscal may, however, decide there is not enough evidence, and take no further action (drop the case).

          • In certain cases, the Procurator Fiscal may decide action is required, but that a trial is not appropriate. In these cases alternative actions can be taken: the offender may be given a warning, ordered to pay a fine, ordered to do unpaid work.

          • If the Procurator Fiscal does decide put the accused on trial in Court, the victim may be interviewed by the Procurator Fiscal or the DEFENCE TEAM (the defence team is the team of people who represent and defend the accused person).

          • Following this a date will be set for a TRIAL to take place. The trial takes place in a COURT. During the trial, the people present include: the accused, the Judge (known as a Sheriff in Scotland), the Procurator Fiscal (who presents the evidence against the accused and tries to prove that the accused is guilty of committing the crime), the Defence Lawyer (a lawyer who represents the accused and defends the accused in Court), as well as witnesses, which can include the victim.

          • In the most serious cases, there will also be a JURY in the Court. The jury is a group of 15 men and women (jurors) who listen to the evidence and decide if the accused is guilty or not.

          PLEASE NOTE:

          The Criminal Justice System takes legal action on matters involving crimes committed by someone over 16. However if a person under 16 is suspected of committing a very serious crime (such as murder or serious assault) they may be dealt with by the criminal justice system. The age of criminal responsibility in Scotland is eight years old. Children under eight cannot be referred to the Reporter or the Procurator Fiscal for offending.
          You can read more about here.

            There are SPECIAL MEASURES available for young people who have to give evidence in Court. Special measures are different ways to help you give your evidence. These can include: giving evidence from another room through a television link; giving evidence from behind a screen in the Courtroom; having a support person with you when you; etc. Take a look here What support can I get? for more details.

            After the trial the Judge or the Jury (depending on the case), takes a decision: either the person is convicted (found guilty) or acquitted (found not guilty, or not proven) of the crimes.
            If the accused person is found guilty, the Judge will then decide on a suitable punishment for the offender. This might be a prison sentence (the Judge will decide on the length the offender must serve in prison). In other cases the offender may be given a community sentence (made to do unpaid work in the community) or they may be made to pay a fine or pay compensation (money) to the victim.

            • If the criminal case is taken to a Court with a Judge, you may be asked to attend and tell them everything you know. This is called giving your evidence.

            • Victims and witnesses do not attend Children’s Hearings. Sometimes the people making decisions at Children’s Hearings do not agree, or it might not be clear what happened. In these cases the case may need to go to a Court for another Hearing. If this happens, you might be asked to go to Court to tell them everything you know. This is called giving your evidence.

            • If you are to give evidence in Court, you will receive a letter (known as a citation). The letter will tell you the date, time and location you need to attend Court.

            • It is natural to feel very worried or afraid about going to Court. But there is lots of support available to help you through it. Victim Support Scotland have a Witness Service dedicated to giving help and support to people going to Court. They are part of Victim Support Scotland and are based in every Sheriff and High Court in Scotland. The Witness Service can answer general questions about what happens at Court and can also arrange a visit to the Court before the day of the trial, to get you familiar with the Courtroom setting so that you will know what to expect (See What support can I get? for more information).

            Regardless of what you decided to do, you always have the right to be supported. Even if you decide to not report the crime, it is very important to talk to someone about what happened, how you are feeling and the help and support available. If you want to talk to someone before you make a decision to report, there are professionals and organisations who can inform, advise and support you. Search on How and where can I get support? for more information.

                In some cases, if you have seen, heard or have important information about a crime committed against you, you may need to give evidence in Court. When this happens, the Court will request your presence there as a WITNESS.

                According to the law, a WITNESS is any person who has information or knowledge about a crime because:

                • he/she saw or heard what happened;
                • he/she was a victim of crime.

                The witness's role in Court is TO TELL THE TRUTH, that is, to tell all he/she knows and remembers about what happened.
                There may be more than one witness and they may have different versions about what happened.

                To understand what the witnesses know about what happened, the Procurator Fiscal, the Lawyers and the Judge (or Sheriff) will ask them some questions.

                It is important to understand how the Court works and the tasks of the people who work there.

                Please, take a look at the questions and answers below:

                 WHAT IS A COURT?

                A Court is a building where Justice issues are resolved - for example, finding out, condemning and sentencing the people who committed crimes.

                 WHAT IS PROSECUTION?

                Prosecution means taking legal action against someone and bringing a case to Court.

                WHAT IS A TRIAL?

                A trial is a meeting that takes place in a Court room (you might have seen one on TV). At this meeting some key people will be present: the Judge (or Sheriff in Scotland), the Procurator Fiscal, the lawyers, the jury (not in all cases), the Court officers, the person accused of having committed the crime (the accused), and the witnesses (including the victim). In most trials, unless the Judge requests the public to leave the room, other people can be there watching.

                 WHAT IS THE PURPOSE OF A TRIAL?

                The trial allows the Judge and, in some cases, the jury to hear all the evidence and take a decision, based on the evidence, about the responsibility of the accused. The testimony of different people about what happened might also be evidence and that helps the Judge (or the Jury) make a decision. During the Trial, several people can give evidence: the witnesses, the accused, the victim and other people who have important information or knowledge about the situation (such as professionals who collected evidence at the crime scene).

                In those cases where a jury is present, after hearing all the evidence presented in Court room, the jury members go to a separate room to make a decision about whether they think the accused is guilty of the crime or not. Once a decision has been reached, the jury return to the Court room to tell the Judge their decision (whether they have found the accused guilty or not guilty). The Judge then decides on what sentence the offender should get as punishment.

                 WHAT IS A SENTENCE?

                Sentence is the name given to the decision the Judge takes about the punishment the offender should get for the crime committed (if the accused is found ‘guilty’). The Sentence is usually given sometime after the Trial (normally, on a different day, a couple of days or weeks after the Trial).

                 WHO IS THE VICTIM?

                The victim is the person against whom a crime was committed. In the criminal process the victim is usually requested as a witness because his/her direct knowledge about what happened is very important for finding out the truth.

                 WHO IS THE ACCUSED?

                The accused is the person being charged by the Procurator Fiscal of having committed a crime. The accusation is based on the evidence collected by the Procurator Fiscal in collaboration with the police. Being an accused is not the same as being guilty of a crime. The Judge (or the Jury) has to decide in the Trial if there is enough evidence to say that the accused committed the crime (and, therefore, should be convicted and sentenced). The Judge or the jury can also decide that the accused is ‘not guilty’ or that there isn’t enough evidence showing that the accused committed the crime (the accused is acquitted in both
                cases).

                 WHO IS THE JUDGE?

                The Judge can either be a man or a woman.  Traditionally the Judge wears a black cloak and a wig and sits behind a raised desk (like a podium) centrally placed. Often the Judge will remove their wig and gown when children are giving evidence.
                The Judge in certain types of Court (called Sheriff Court) is called the Sheriff. The Judge is the person who is in charge of all Court proceedings and is an expert in the law. They will ensure everything is done fairly within the law and that the Court rules and legal procedures are followed. They also have a duty to protect the interests of all the people involved in the case, including the witnesses. You don’t need to be afraid of the Judge. The Judge is a fair person who knows the law very well and
                he/she is used to conducting trials. Don’t be afraid to ask the Judge to have a break or go to the toilet, you have that right

                 WHO IS THE JURY?

                In some criminal cases a Jury will be present in the Courtroom. The Jury is formed by 15 members (men and women) of the public who listen to the evidence and decide if the accused is guilty or not.

                 WHO IS THE PROCURATOR FISCAL?

                The Procurator Fiscal is a lawyer who works for the The Crown Office. They make the decisions about bringing a case to Court. The Procurator Fiscal works with the police to collect the existing evidence that will be used to accuse someone of having committed a crime. If the case goes to Court, the Procurator Fiscal presents the prosecution case against the person charged with a crime. If there is to be a trial and if the Procurator Fiscal decides to cite you as a witness, they will send you a letter (‘citation’) about the Court case and a leaflet explaining what will happen. The Procurator Fiscal has to try and prove ‘beyond reasonable doubt’ that the person committed the crime in order for the accused to be found guilty. The Procurator Fiscal can
                either be a man or a woman and traditionally wears a black gown and a wig in Court. Often they will remove their wig and gown when children are giving evidence. You don’t need to be afraid of them. They only want witnesses to tell what they know and what they remember about what happened.

                 WHAT IS THE CROWN OFFICE?

                It is the agency in charge of bringing cases to Court.

                 WHO IS THE DEFENCE LAWYER?

                The Defence Lawyer can either be a man or a woman and also traditionally wears a black gown and a wig in Court. The
                Defence Lawyer will represent and defend the rights of the accused (as you probably have already heard: people are considered innocent until proven guilty). These lawyers have a very important role: to ensure that the accused is not punished for a crime he/she did not commit.

                 WHO IS THE COURT OFFICER?

                The Court officer is an official responsible for providing support to the Court processes and ensuring that these processes follow the right steps and rules. It is the Court officer who will call out your name in the waiting room when it is your turn to testify.

                For more information search:

                Witnesses in Scotland
                Provides useful and clear information about Courts’ proceedings; criminal Courts; children’s hearing, witnesses; giving evidence; special measures for young witnesses.

                Website: www.witnessesinscotland.com

                WITNESSES may be anxious and afraid to go to Court to give evidence.

                Some young people who have gone through this experience felt / had:

                • trembling hands;
                • heart beating faster than usual;
                • sweating more than usual;
                • stomach pain, nausea, dizziness, vomiting;
                • less appetite;
                • difficulty sleeping and/or nightmares;
                • less desire to be with friends;
                • frequent thoughts about what might happen;
                • difficulty concentrating in classes.

                These reactions, or others that may come up, are our bodied natural reactions. They happen when you are confronted with a new or uncertain experience, quite different from those you are used to.

                Many of these reactions can be related to the challenges you will face in Court:

                • the formality of the Court, a new environment with which you aren’t used to, with people who talk and dress in a distinct manner;

                • speaking in public;

                • fear that others (e.g., friends, teachers, neighbors) became aware that you were called to give evidence in Court;

                • discomfort because of having to repeat everything that you had told before (e.g., what you had told to the police officer);

                • being faced  with the presence of the accused person (especially if the accused is someone close) or the witnesses giving evidence to support the accused;

                • afraid that the accused or his/her witnesses will try and upset or harm you;

                • afraid of saying something that harms the accused person (particularly when he/she is someone we know – e.g., a
                  relative or a friend);

                • worrying that you will not be able to understand or answer the questions (especially the weird or difficult ones);

                • afraid of answering embarrassing questions (when you are in Court to say what you know about a case of sexual violence, for example);

                • afraid of forgetting details about what happened;

                • afraid that the Judge will not believe  what you are saying.

                These reactions can be controlled if you understand what will happen in Court, who will be there, what will be your specific role, what you should do and what measures exists in the Law to protect your privacy and security. In About going to court and What support can I get? you will find more information about this.

                 PLEASE NOTE!

                • The Court is a safe place, it has a security system and police officers that keep law and order on the premises and protect the people there.

                • There are laws to protect the safety, privacy and identity of young people who are asked to be witnesses in Court. There are even laws which entitle young people to special measures to support them giving evidence in Court.

                • The Judge, the Procurator Fiscal and the lawyers know the law well and are experienced people who have been through many trials similar to the one you are going to attend. The professionals working in a Court do their best to ensure the safety and privacy of all witnesses. Their aim in the Trial is to find out the truth about what happened. They are not there to accuse or blame the witnesses.

                • The accused NEVER asks you questions during the trial. The only people who can ask you questions are the Judge and lawyers.

                • If you are under 16 years of age you are entitled to special measures to help you give your evidence. For more information about these and other special measures see What support can I get?.

                • The witnesses are part of the Trial and have an important role to fulfil: to tell what they remember about what happened.

                • What you say in Court is important to help the Judge or jury take the right decision in relation to the case, but there are other pieces of evidence that are also taken into account to reach the decision. Your testimony is only one of those pieces of evidence.

                • The people who decides if the accused is guilty or not of a particular crime are the Judges (or the Jury). You are not responsible for the decision taken by the Court.

                Here is some advice for when you have to give evidence in Court:

                BEFORE GIVING EVIDENCE:

                • When the Court wants someone to give evidence on a particular case it will send a letter, called a ‘citation’, to the witness's address (or to their legal carers/parents' address, if they are under 16 years of age).

                • After receiving the letter, you should speak with an adult with whom you feel comfortable and, eventually, with a lawyer or a victim support worker, who can explain what will happen in Court, what your role is and the role of the other people present. Those people can also tell you about special measures that exist in the law to protect witnesses and help them do their best when giving evidence in Court (for more information on this see What support can I get?).

                • You should inform the Court in advance if you would like to make use of some of those measures. These include:

                • Visiting the Courtroom beforehand to become familiar with the setting and where all those participating will be placed. This is a good strategy to reduce anxiety and to feel more comfortable when you have to answer the questions.

                • Having someone supporting you during the Trial (a support person). This person can be a relative, someone you trust or an experienced professional. Having someone by your side may help you to tell the Court what happened with more confidence and less worries.

                • Giving your evidence without having to go into the Courtroom, using a special television. The television room might be in the same building as the Courtroom. Sometimes you won't have to come into the Court building at all. The television room might be in another building away from the Court.

                • Giving your evidence from behind a screen in the Court room. The screen is like a curtain that divides the room. It means you don’t have to see the accused person. You will still be able to see the Judge, the lawyers and other Court staff.

                • Speak with someone whom you trust about what you feel, what are your fears and expectations about going to
                  Court (but not about what you know about what happened). Talking about it might calm you down.

                • If someone bothers you, tries to intimidate you, pressures or threatens you in before or during the trial, tell the police immediately. You can ask an adult you trust for help: tell him/her what happened and ask
                  him/her to go with you to the police to explain what happened.

                ON THE DAY OF GIVING EVIDENCE:

                • Ensure you got a good night sleep the night before.

                • Have breakfast and take a snack with you to Court.

                • Don’t be late. Plan your journey so you arrive to Court 30 minutes ahead of the time stated in the citation that you received. Don't forget to bring the citation with you.

                • Take something to keep you busy while you are waiting (magazines, books, games, music).

                • Ask someone you trust to go with you: such as your parents, a relative, a teacher or a friend. Someone will be available to accompany and support you. There is also a Witness Service in the Court. The people working for the Witness Service are there especially to support and advise witnesses and their families.

                • When you arrive in Court go to the information desk or to a security officer and ask where the waiting room is.

                • Wait in the waiting room until the Court Officer calls your name. This means it is your turn to go into the Courtroom or the place where you will give evidence.

                • If you need to use the toilets do it before going into the Courtroom.

                • Mobile phones, laptops, MP3 and other electronic devices must be disconnected before entering the Courtroom.
                  You cannot enter the room while chewing gum or eating. Use your gadgets and eat your snack/chew your gum while you’re waiting for your turn.

                • Sometimes the Trial will get postponed to another date, that is, the Court, on the day set for the Trial, decides that there aren’t enough conditions to proceed – for example, because someone important for the case is not present, or because there are not enough rooms. In this event, the Court Officer comes to the waiting areas to inform that the Trial will not take place on that date and is adjourned to another date (take note of the date and time the Court Officer indicates).

                Going to Court can make people feel nervous and afraid. But it can also be important for the witnesses, as they have the opportunity to share what they know about what happened and help reach Justice, by helping the Court decide whether someone is or isn’t guilty of committing a crime.

                In the Courtroom:

                • Head to the place indicated by the Court Officer.

                • The Judge will ask you to say your name and to pledge oath. The oath is when you promise to tell the truth in Court.

                When you are asked questions remember that:

                • You should always tell the truth about what happened, with all the details you remember. That is your role as a witness.

                • Listen carefully to te questions you are asked. Reply only after the question has ended.

                • Take your time to think about the question you were asked and about your answer.

                • Reply slowly and calmly to all the questions. Usually there is a microphone in front of you. Talk close to it when you are replying.

                • Ensure your replies are clear, with short sentences, saying only what you know about what happened. The Judge (or the jury) wants to know what you know (because you saw or heard the situation or experienced it personally) and not your opinion about what happened.

                • Do not be afraid to say everything you know or all the details you remember. All the information you give may be important to find out what happened and for the Judge (or the jury) to make a decision. If you need to use
                  inappropriate language (e.g. swear words) to say everything you know, that is ok. You won’t get in trouble.

                • Answer only about what you have been asked. Do not try to please the people who are asking the questions by giving information on things you don't know.

                • Do not reply to questions that you don’t fully understand. You can ask for the question to be repeated or explained. You can say: “I’ m sorry. I didn’t understand. Can you please explain the question?”.

                • For questions that you do not know how to answer, just say: “I don’t know.” Never make up an answer. Remember that your role is to say what you know about what happened.

                • It’s possible that you are asked the same question more than once. Try to reply in the same way as the first time. You can also say “I have already replied to that question.”

                • It is natural to not remember all the details of some events. If this happens don’t worry and don't be afraid to say “I don’t remember”. Forgetting past events is normal. It may be because some time passed (you may have to give evidence about something that happened many months or years ago) or because what happened was unpleasant and you have tried to avoid thinking about it.

                • It is natural to be afraid, nervous or upset. Giving evidence can be frightening for anyone. Speaking about a crime
                  you witnessed (or which you were a victim of) isn’t an easy task (because it forces you to remember sad events that you want to forget and “erase” from your memory). One of the reactions you might have is crying. Do not feel embarrassed because of that. The people in the Trial will understand that reaction. That has happened before to many people in the same situation.

                • If you feel tired or too nervous, you can ask for a break, to go to the toilet; you can also ask for a glass of water or some tissues.

                • Do not be afraid of the accused; do not his/her presence to stop you from saying what you know. Avoid looking at him/her when you answer the questions. Look only at the person asking the questions. If you prefer to talk in the absence of the accused, you can choose to give your evidence while standing behind a screen (like a curtain separating you from the accused) or from a separate room using a special TV.

                • Do not feel sorry for the accused. The purpose of the Trial is for the Judge (or the Jury) to hear all the evidence and decide if the accused is or not considered guilty: if there is enough evidence to prove that he/she committed the crime, the accused must be considered responsible and punished for breaking the law.

                • The witness is not accused of anything: the witness has not committed any crime. The witness is there to help the
                  Court gather important information so that the right decisions can be made.

                AFTER GIVING EVIDENCE:

                • Remember that you are not responsible for the decision that the Court takes about the accused. You played your role: telling the Court what you know about what happened. The decision whether or not to punish the accused for committing a crime belongs to the Court.

                • After you give your evidence, the Trial hearing may continue and other witnesses may be heard. You are free to
                  leave the Court after you have finished giving your evidence. While the Trial is still going on, do not talk to anyone about what you know or about what happened when you gave your evidence.

                • When the case has a Jury, after listening to all witnesses all members will go to a separate room to decide whether or not they think the accused is guilty of the crime. There needs to be a majority of 8 jury members or more who think the accused committed the crime in order to reach a guilty verdict. If less than 8 jury members think the accused is guilty, this is not enough to decide the accused is guilty and the accused person will instead be found ‘not guilty’ or ‘not proven’. Once the Jury have reached their decision they will return to the Courtroom and tell the Judge their decision. The Judge then has to decide on a suitable punishment for the accused (who would now be referred to as
                  ‘the offender’). Sometime the Judge will do this on the same day but very often the Judge will need time to do this and may announce the Sentence after some days or weeks.

                  If you would like you can attend to hear the Sentence, but you do not have to. There are other people who can find out the sentence for you and let you know.

                • Regarding the Sentence, remember that:

                • If the accused is acquitted (meaning he/she is found “not guilty” or “not proven”), that does not mean that the Judge (or the Jury) has not believed your evidence. Being acquitted does not mean being innocent. The acquittal means that not enough evidence was collected for the Jury to make a confident decision about whether or not the accused was guilty of committing the crime.

                • If the Judge (or the Jury) finds the accused guilty, the Judge will decide what the most appropriate sentence: a prison sentence, a fine, community work, among others.

                • If someone threatens, intimidates or (tries) to harm you after you gave your evidence in Court (for example: the accused, their relatives/friends, other witnesses) speak with an adult you trust and ask them to go to the police with you to explain what is happening.

                There are laws and special measures that make being a young witness in Court an easier and safer experience. 

                These laws and special measures ensure that young witnesses (under 16) have their safety, privacy and general well-being appropriately protected.

                Here are some examples:

                • The right to have a support person present (at their side), while they give evidence. This person can be someone from the Witness Service, a social worker, a teacher, a family member. His/her presence is aimed at reducing the witnesses' worries and promoting their confidence and safety while giving evidence. Remember that the support person cannot help you answer any questions and cannot tell you what to say in Court.

                • The right to prepare to go to Court. The witnesses can ask the Court for help from someone with experience and training in supporting and preparing witnesses before the trial (for example, the Witness Service).This may include:

                • Visiting the Courtroom before the trial (to understand who will be there on the day of the Trial, where each person will be sitting – the Judge, the lawyers, the accused, the Jury;…).

                • Explaining legal terms used during the Trial (for example: accused, evidence, adjournment, sentence, acquittal, conviction) and the rules and behaviours to follow in a Trial.

                • The right to not be in the presence of the accused, the witnesses for the accused and the public in the room:

                • Giving evidence by a TV link: the witness can be heard in a different room rather than in the Courtroom; it is a small
                  room, where the only people present are the witness and a support person. The Judge and lawyers hear, see and speak with the witness through a camera and a microphone.

                • Giving evidence from behind a screen in the Courtroom. The screen is like a curtain that divides the Court room. It means you don’t have to see the accused person. You will still be able to see the Judge, the lawyers and other Court staff. You have the right to have a support person with you.

                • Taking evidence by a commissioner. The Court might decide that you should describe what you know about what happened at a different time and a different place from the other witnesses (e.g. before the trial). The commissioner is like a Judge; there will also be other people present. You are allowed to have a support person with you.

                • The right to the protection of personal information and to not have the evidence given in Court published in the media. The Judge may ban the journalists attending the Trial from publishing information about what happened in the Trial and about the people participating in it. This protects the identity and safety of the witnesses.

                • The right not to have to state several times what was already said about what happened:

                • The witness statement to the police may be recorded and used in the Trial. The video or tape can be played to the lawyers and other people in Court or the notes can be read out. If that happens, you might be asked to watch or listen. Then you might be asked questions about what you said. This is called prior statements.  This means the witness is not “forced” to repeat what he/she has said in another place and to other people.

                Click here to visit the Court on your computer. You will hear with more detail about these special measures.

                If the Judge has strong reasons to believe that a witness lied in Court, legal actions can be taken.

                Yes! Anyone who receives a letter (citation) from Court to be a witness must give evidence.

                If you know beforehand that you will not be able to attend, you should inform the Court immediately. If something unexpected prevents you from being present at the Trial, such as an illness or a delay in transportation, you should let the Court know as quickly as possible. Being at school or work is not an excuse for not attending a trial. The Court will provide a letter confirming your attendance there and justifying your absence from school or work.

                No. Your evidence must be given by you and cannot be made through someone else.

                Someone from the Court should give you advice about who can support you or you can a member of Staff from the Court to ask for help in getting a support person. There are many people who can support you, such as social workers, Victim Support and the Witness Service. 

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