Being a witness
The ODPP recognizes that victims and witnesses play a very vital role in the prosecution process.
There is also a clear role for the ODPP in supporting the roles that victims and witnesses play and we also play a role in their care and management, demonstrated by our continuing commitment to enhance victim and witness support, wherever possible.
Service delivery is prioritized to the more vulnerable group of victims and witnesses such as children and those victims of sexual assaults, family of deceased victims, people with disabilities, the elderly and other vulnerable special needs groups, including those with cultural and language barriers.
The State Counsel are encouraged to assess the special needs of victims and witnesses and to professionally support issues victims and witnesses may have when they deal with our lawyers and while giving evidence in court.
There are clear policies that govern our lawyer’s interactions with victims and witnesses during Witness Conferencing sessions. These policies are articulated in documents such as the Prosecution Code 2003.
The ODPP will ensure that protection available to victims and witnesses under the Criminal Procedure Act, 2009 are applied for and enforced.
The ODPP Prosecutions Code 2003 outlines the approach that State Counsel take when liaising with victims and witnesses of crime.
The code emphasizes core principles such as courtesy, respect and keeping victims and witnesses informed of the case outcomes or trial status, acknowledging their contribution to the case and wherever possible, referring them to relevant authorities for post-case support.
Witness:
An individual who is summonsed to appear in Court to speak to what they know about a crime.
You are called as a witness because you know the circumstances of a case. Witnesses make a vital contribution to our system of justice and as in many cases, justice cannot be achieved without witnesses giving evidence for the court to act upon.
Victim of Crime:
An individual who suffers direct or threatened physical, emotional or financial harm as a result of a crime.
Usually, victims of crime are witnesses in respect of criminal cases.
Witness Allowances
Witnesses and victims are paid Witness Allowances to cover some of the expenses of attending and giving evidence in court.
Witnesses and victims are paid in accordance to the rates set out in the subsidiary legislation under Criminal Procedure Act (Allowances to Witnesses) Rules 2016.
Travel and subsistence allowance are also provided to witnesses however, Travel expenses will not be processed if valid receipts are not supplied.
Witnesses and victims are required to bring their ID card and witness summons when they are expected to come and give evidence in court in order to claim for witness allowance. The ODPP prosecutors will facilitate the witness allowance request on behalf of their witnesses.
- Victims of crime have a right to expect to be heard;
- Victims of crime have a right to expect progress reports from the Police and the ODPP regarding the investigations of a criminal complaint, or the progress of a criminal action instituted by the DPP;
- Victims of crime have a right to expect to be notified of the results of a criminal action instituted by the DPP;
- Victims of crime have a right to expect courtesy and respect from Prosecutors, Defence Counsel and the Court, and
- Victims of crime have a right to expect their adverse experiences, injuries, and emotional or financial harm as a result of a crime represented in the sentence imposed against an offender.
The case may be tried either in the High Court or the Magistrates’ Court. A date will be fixed by the court for trial and you may be summoned to appear and give your evidence. The DPP lawyer assigned to your case will inform you of the actual date you are expected to appear in court.
It is important to tell the DPP Lawyer about any commitments that you do not wish to break, planned absences, or changes in addresses.
The case lawyer will ask you to come into our office to explain to you the court procedure. If you wish to bring someone else along for support – a friend, relative, a police officer involved with your case or someone from a welfare agency – please do so. If you do not have a support person and would like one, you may ask the case lawyer to arrange for you.
The case lawyer and the Director of Public Prosecutions, after looking at all the available evidence may decide not to proceed with the charges. This decision will not be taken without talking to you, and the reasons for this decision will be provided to you if you ask for them.
The accused may apply for bail and be released from custody. We will always try and tell you of any bail applications. If you are worried about the accused’s release from remand, let the DPP lawyer know. We may be able to prevent release on bail in certain situations. Even if bail is granted, the court may set certain conditions to prevent the accused from contacting you or your family. You will be told of these conditions.
Remember, if you fear another attack or if you or your family are being harassed, inform the police immediately so that action can be taken.
You should have received a notice from the court called a Summons to Witness. It tells you the day which you have to go to court.
In the Courtroom
In the courtroom you will find the following people:
- The Judge or Magistrate, who controls the trial;
- The Court Clerk who sits in front of the Judge or Magistrate;
- The State Prosecutor/DPP lawyer;
- Defence counsel, who is the accused person’s lawyer;
- The accused will be in the dock, and
- A police officer will be present at all times at the back of the court room.
You will be taken to the witness box to give evidence. In some cases you could be there for some time. First the State Prosecutor will ask you questions, then the lawyer representing the accused person(s)or the accused person(s) himself/herself, if he or she is unrepresented, will ask you questions. The State Prosecutor may ask you further questions after the accused’s lawyer or the accused has finished. Some of these questions may be difficult or upsetting.
Speak as clearly and loudly as you can. Your evidence must be clearly heard by the Judge or Magistrate and the accused. If you consider that someone is behaving offensively, you can complain to the Judge or the Magistrate. Always call the Judge, My Lord or My Lady in the High Court and the Magistrate Sir/Madam in the Magistrates’ Court.
If the accused is found guilty and convicted, the Judge or Magistrate will decide what sentence he/she should get. This may happen soon after the trial, or it may happen on another day, when a sentencing hearing will be held. The ODPP case lawyer will advise you on this.
The prosecutor may tell the court about any injury, loss, or damage that you have suffered as a result of the offence. This could mean obtaining a report from an expert witness like a psychiatrist or a doctor and presenting it to the court.
If the accused is found not guilty, and is acquitted, that is not end of the matter. There can be an appeal to a higher court.
The offender can appeal if he/she is convicted. You may be notified if any appeal is to be held, and may be present if you wish.
The DPP can appeal to a higher court if a sentence is too lenient. Talk to the ODPP lawyer if you have any questions or concerns about the length of the sentence.
You will not be required to give evidence if there is an appeal. However, if the appeal court decides that another trial must be held, you may be called again.