It is important to remember that the evidence of a victim of crime is only part of the whole case against the accused. It is not up to you to prove the crime. This is the role of the prosecution. You can only give the best evidence you can on the day. It can help if you know what to expect. Usually a witness gives evidence in person in the courtroom. However, CCTV (closed circuit television),or a screen may be used such as for child witnesses and adult victims of sexual assault. These facilities can be used in special circumstances for other witnesses at the discretion of the judge.

When giving evidence you could be asked a number of questions by both the prosecution and the defence. The Judge or Magistrate might also ask you some things. The prosecutor and defence remain behind the bar table when asking the witness questions. They may occasionally approach a witness in the witness box to show them something but they must ask the Judge or magistrate for permission to do this.

Examination-in-chief

You will be asked to wait outside the court until it is your turn to give evidence. You cannot sit in court when other people are giving evidence as this may influence your own account of what happened.

Remember! Do not discuss your evidence with other witnesses.

When your name is called you will be shown to the witness box. You will be asked to take an oath or, if you prefer, to make an affirmation. By taking an oath or affirmation, you are making a promise to tell the truth in court.

Examination-in-chief is your opportunity to say what happened in your own words. The prosecutor will ask you a series of questions to help you through your evidence. You can only tell the court what you saw, heard or experienced. If you are giving evidence about a conversation, you should try to use words that were actually spoken. For example, if someone said ‘Take me to the shops’ then the correct way to give this evidence is to say, ‘She said: “Take me to the shops” not ‘She told me to take her to the shops’. You may be asked to identify items such as clothing, jewellery or other personal effects when you are giving evidence. These items will form part of the exhibits. You may also have to identify the accused in court. You should ask the solicitor from the ODPP if you have to do this beforehand.

Sometimes the defence may object to the way the crown prosecutor is letting you give your evidence. This can be off-putting, but don't take it personally. Their role is to ensure the rules of evidence are being followed so their client is not disadvantaged. When an objection is made, stop answering the question until the judge or magistrate tells you whether or not to continue.

If you are asked to leave the courtroom while still giving evidence, or while legal argument takes place, it is important that you don't discuss your evidence with anyone while waiting to go back into court.

Where there is a jury, they may be asked to leave the courtroom while counsel make submissions to the judge about the admissibility of the evidence. If the judge decides the evidence is admissible, the jury returns and hears the evidence. If the judge decides the evidence is inadmissible then it cannot .be presented to the jury. The trial continues without that evidence being heard. Some tips for giving evidence:

• Speak clearly and slowly. In some courts the microphones only record what is said and do not make your words louder
• Listen carefully to the questions
• Only answer what you have been asked
• If you do not understand a question ask for it to be repeated
• If you can't remember or don't know, then say so

In cases where there is a child witness, their evidence (evidence–in-chief) might be given wholly or partly by video or audio tape. If a child’s evidence has been taken by audio/video tape, this can become their ‘Evidence in Chief’. Otherwise, the child will give evidence and be cross-examined usually by way of CCTV unless the child does not wish to use that facility.

Cross-examination

This is the part of giving evidence people often worry most about. The role of the police prosecutor, prosecuting lawyer or defence lawyer is to test the evidence, especially where it is inconsistent with the information the accused has given. The defence aims to convince the magistrate, or judge and jury, that there is a reasonable doubt. This is what they try to do in cross-examination.

During cross-examination it may be suggested that your memory of events is not clear, or that you are not telling the whole story, that you are unreliable or lying. The defence may test your credibility as a witness. This can be quite distressing and confronting.

The defence counsel is bound by rules of law when asking questions. They should not ask questions that are intended to insult or annoy a witness, or are offensive. The crown prosecutor may object if this happens, and the magistrate or judge may disallow the question. The magistrate or judge can also stop counsel from asking questions that are misleading, unduly annoying, harassing, intimidating, offensive, oppressive or repetitive. If the Judge does not automatically stop questioning that has become abusive, the witness may appeal to the judge to intervene.

Remember, it is your job to tell the truth about what you know.

Some tips for cross-examination

You don’t have to look at the accused or at the defence barrister unless you are asked to identify of the accused person in court as part of your evidence. Generally you can look wherever you feel comfortable, such as your support person or jury. Don't forget that it is natural to feel nervous. Answer the question without going into unnecessary explanation.

• If your answer does need further explanation, ask if you can explain it.
• Only give answers about things you know.
• If you are becoming upset, ask for a break or have a drink of water.
• If you have a support person, keep in mind that they are in the courtroom.

Re-examination

After cross-examination, the crown prosecutor may ask further questions on any issues that came up during cross-examination which need further explanation.

Unrepresented accused

Sometimes the accused may not be represented in court by a lawyer. When the accused is unrepresented, they are allowed to appear for themselves. This means they can question witnesses and talk to the judge or magistrate. Sometimes the judge or magistrate will help them by explaining the law or court procedure, but they do not run the case for the accused. In matters involving sexual assault, the unrepresented accused cannot cross-examine the complainant. Instead an intermediary will be appointed by the court to ask questions for the accused.

The judge or magistrate will also make sure the accused behaves properly in court and doesn't ask questions that are offensive, insulting or irrelevant.

Can you be in court after giving evidence?

Once the judge has excused you and you are no longer required as a witness you may observe the rest of the case. However, it is probably better not to because in some trials witnesses can be recalled to give further evidence.

Check with the prosecution first before you go back into court. After all the evidence has been given, witnesses may wish to hear the submissions of the prosecution and defence, especially if they are involved in a jury trial. It may also help to hear the magistrate's decision or the judge's summing up, plus any remarks made when sentencing an offender.

When the judge or magistrate says ‘You are excused’, this means you will no longer be required to give evidence, and can leave or sit in court and listen to the proceedings.