Most witnesses have never had to go to court before. It is natural to feel nervous about giving evidence in court. Courthouses are often large and old, and the courtroom environment may feel uncomfortable or intimidating. The formality and the legal language can be confusing. Witnesses may feel anxious about giving evidence in front of the accused and other people they do not know in an open court.
The Prosecution should provide you with information about your role as a witness. All adult courts are generally open to the public, and members of the media may be in court to report on any newsworthy cases. In cases involving personal violence you will have to describe the physical details of what happened during the assault.

In matters related to sexual assault, you will be required to tell the court in precise detail about the sexual assault including the explicit and detailed parts of what happened. This can be embarrassing and humiliating. You may feel frightened, especially as the accused is in court when you give your evidence.

Sexual assault victims also have the right to give evidence via CCTV, or if that is not available then a screen may be used in court. In some situations it is possible that your evidence can be given in a closed court. It is best to speak to the prosecutor about these options.

You may also have to wait outside the courtroom for some hours or days before you finally give your evidence. Several courts have witness rooms where you can wait. Speak to the police officer, prosecutor or witness/victim support service about the availability of these rooms. There are some things you can do to help you cope:

• Ask a friend or relative to attend court with you as a support person. Their main role is to give you emotional support. This person should not be a witness, otherwise they will not be able to sit in court with you when you give your evidence. They cannot sit next to you, but they may be able to sit where you can see them. They should not try to prompt you or help you when you are giving evidence. Court support can also be provided by a number of services and victim support groups depending on your needs. You can also speak to the prosecutor about the role of the support person.
• Read your statement over a few times before you go to court. Normally you won't be able to read from your written statement when giving evidence although you may be asked to refer to it in some circumstances. The prosecutor will probably want to talk to you about your statement beforehand. If you don't have a copy of your statement ask the police or the solicitor from the ODPP to give you a copy well before you go to court. You are not allowed to see statements made by other witnesses or to enter court while their evidence is being given until after you have given your evidence.
• Visit a courthouse before the case to see what a court looks like or see how other cases that are open to the public and observe how a case is managed and how witnesses are required to give evidence. Contact one of the victims' support services to see if they can arrange for someone to go with you.
• Be prepared to speak loudly and clearly. The microphone on the witness box does not always amplify; sometimes it is only used to record proceedings.

Don't forget to tell the police or the ODPP if you change your address or telephone number or if you are going away for more than a few days.

Protection for witnesses

If you have fears for your safety or the safety of others you should tell the police or the ODPP. They can then bring these concerns before a magistrate or judge during any bail application.

If the court is satisfied that there is real danger to the community or an individual then it may impose conditions on bail, including a direction not to approach or contact any witnesses in the case.

You may also be able to apply for an Apprehended Violence Order (AVO) or ask the police to apply for you.

If the accused breaks a condition of bail or an AVO, then the police may arrest them and take them into custody. The question of bail will then be reconsidered.

You can ask that your address not be given in open court. If you have concerns, tell the prosecutor before the case begins.

Interpreters

If English is not your first language, you may need to use an interpreter to help you give evidence. They can also interpret when a witness is making a statement.

If you feel you need an interpreter, talk to the police prosecutor or the ODPP solicitor. As there are a limited number of interpreters available, it is important to let the prosecution know well in advance if one is needed.

The Courts arrange for Interpreters, who are provided by the Community Relations Commission For a multicultural NSW. Courts only use professional interpreters who are properly trained and accredited. Courts will not allow friends or relatives to interpret during court proceedings unless it is just to pass on simple information and no other interpreter is available for that purpose.

Professional interpreters are bound by rules not to tell other people about the case unless the court requires it. They are also required to take an oath where they promise to properly interpret what is said. If you believe the interpreter is not interpreting your evidence accurately you should complain to the prosecutor or tell the magistrate or judge. Witnesses do not have to pay for interpreters.

Interpreters can also be used by people with a hearing or speech impairment or other disability that may make it difficult to communicate.