GIVING EVIDENCE

Once your name has been called and you have entered the witness box, the first step is the swearing in of the witness, which may also be done by affirmation. The courts are tolerant of religious beliefs and witnesses should be presented with a choice between making an affirmation or swearing an oath by court staff, before they come into court.

If you do wish to swear an oath, you should be informed about the availability of different scriptures in court. You should not be persuaded to swear an oath on the New Testament for the sake of convenience. If you indicate a preference to swear an oath, you should be invited to identify the holy book on which you wish to swear an oath. You may have your own holy book upon which you wish to swear, so please bring it with you.

If it is not possible to obtain the appropriate holy scripture it is good practice for the witness to be invited to affirm, even if they are willing to swear an oath on the holy book of another religion.

Please note that deliberately lying to the court involves you in perjury and although prosecutions for perjury are rare they can lead to a prison sentence.

After swearing in, you will be asked preliminary questions about who you are and your statement or other evidence by your counsel (barrister) who has called you to give evidence. This is known as giving evidence in chief.

Once this is over cross examination begins and involves you being questioned by the other party’s counsel.

Finally the judge will ask the counsel who has called you in the first place whether s/he wishes to ask any further questions. If the answer is yes, then the questions that follow form part of the re-examination. This is usually a moment when your barrister takes the opportunity to clarify or re-enforce certain points made by or to you made under cross-examination.

Once all the evidence has been heard the judge will sum up proceedings and direct the jury on their duty in criminal cases. Once the jury return a verdict the judge will pass sentence or acquit. Sentencing may deferred.

In civil cases the judge will sum up and make a decision on compensation or otherwise in a judgement, which is usually delivered after the trial.

In either event your role as a witness ends at the moment you are released from the witness box. The judge will say something like; ‘Thank you Ms X, you may be released’.