Giving Evidence

• Hearing your name being called

A court clerk or a police officer will call your name when it is your turn to give evidence. You will be shown to the witness box which is at the front of the courtroom.

• Court behaviour

You must always behave respectfully in the courtroom. It is customary to bow as you enter and leave the courtroom. Stand and bow when a magistrate or judge enters the court room. You can sit down when the magistrate or judge takes their seat. You should remove your hat and sunglasses before entering the court room. You should also switch off your mobile phone. You are not allowed to eat or drink inside the court room. If you are in the witness box, you are not allowed to eat or drink or take notes when you are giving evidence although you can ask for a glass of water if you need it.

• Taking Oath

Before you take a seat in the witness box, the Magistrate, the Judge or the court clerk will ask you to take oath to tell the truth. The oath will be taken on a religious book of your choice such as the Bible, Quran or the Gita. You will be asked to place a hand on the holy book and repeat the oath to swear to tell the truth while giving evidence. Please note it is an offence to give false information after taking an oath and you could be charged and prosecuted.

• Addressing the Magistrate or the Judge

Always call the Judge, My Lord or My Lady in the High Court and the Magistrate Sir/Madam in the Magistrates’ Court when giving evidence

• Identify yourself

You will be asked to give your name and if relevant your occupation and address for court’s record. If you don’t want to state your address in the courtroom, let the ODPP prosecutor know before you give evidence or during your meeting with the ODPP prosecutor for conference.

• Evidence in Chief

The first part of your evidence is called “evidence in chief.” This is where the ODPP prosecutor will ask you questions relating to the crime. The questions will be in the order that it happened. The ODPP prosecutor will show you photographs of the crime scene, maps or diagrams and ask you to identify them.

• Cross examination

After the evidence in chief, the defence lawyer or the accused person if he or she is representing themselves will ask you further questions relating to the incident. This is called “cross examination.” It is their job to challenge what you have said in your evidence in chief. Sometimes the questions maybe upsetting and embarrassing or suggest that you are lying about the incident. Do not get offended or angry at such times, maintain your calm and answer the questions honestly. At times the defence will make suggestions or statements such as “I put it to you…..or I suggest that….. If you don’t agree to any suggestions put to you, clearly say so or if you don’t understand what the defence is asking then please say you don’t understand the same. It is important to understand the questions and then answer them.

• Other questions you may be asked

After the defence has finished asking questions, the ODPP prosecutor may ask you some follow-up questions. This is done to ensure that what you have said is understood by all. This is called re-examination. Sometimes the ODPP prosecutor may not have any other question and will not ask anything but the Magistrate or the Judge will have questions about your evidence.

• Objections

Sometimes while you are asked questions by the prosecutor the defence might say ‘objection’ or vice versa. The Magistrate or the Judge will also have some questions. If this happens, stop until you are asked to answer the question or asked another question.

• How long will I be in the witness box

The ODPP prosecutor will let you know how long your evidence is likely to take, however, this depends on the nature of the case. Some witness will take few minutes, while some may take hours or even days.

• Waiting outside while the magistrate/judge and lawyers talk

Sometimes the Magistrate or the Judge will want to discuss legal issues with the lawyers in court. If you are in the witness box, you will be asked to wait outside the courtroom. It is important not to wander off as you will be called back into the court room to continue therefore stay in the waiting area or the foyer of the courtroom. Sometimes the court will take a recess or lunch break. During this time you are also allowed to have your lunch or snack. The ODPP prosecutor will advise you of the break time and if you are required to comeback and continue with your evidence.

• After giving evidence

After you have finished giving evidence and have been excused by the Magistrate or the Judge, you are free to leave.

• Dress code

When you are going to court, you are required to dress in formal or semi-formal attire. Flip-flops, hats and sunglasses are not allowed inside the court room.

• Consider each question before you answer.
• If you do not understand a question, please say so.
• Take your time so you can give a complete answer.
• Do not guess. If you are not sure about an answer, say so.
• Do not repeat what someone else has told you unless you are asked to by the lawyer or the court.
• Speak clearly and loud enough so that your evidence can be understood and heard.
• After you have given your evidence and are excused by the court you are free to leave. You may remain in the courtroom, unless you are told not to by the Judge, Magistrate, or the DPP Lawyer.

• The police or the DPP lawyer may have arranged for you to meet at a particular location. If no arrangements have been made, go to the court registry and ask where you should wait. The court registry is often located next to the courtrooms or in the same building as the courtrooms.
• You may see other witnesses but you may not discuss your evidence with them.
• Courts usually sit from 9:15 AM to 4:00 PM, with breaks for morning tea and lunch (typically between 1:00 PM to 2:00 PM)

• You cannot be in court before you give evidence. You must wait outside the courtroom until you are called.
• You will be asked to state your name and occupation. If you do not wish to state your address in public, inform the DPP lawyer beforehand.
• You will then be allowed to be seated whilst giving evidence. The DPP lawyer will ask you questions about the case. The accused’s lawyer or the accused person will “cross examine” you by asking you additional questions. The Judge or Magistrate may also ask you questions.
• Judges sit in the High Courts and are addressed as My Lord or My Lady. Magistrates sit in the Lower Court and are addressed as Sir or Madam.