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Going to court

Feb 25, 2021

The EKRCC guide

On the day
When your case finally gets to court, you may feel a whole new set of emotions - fear of what is going to happen, how things happen, if you are up to it. The thing to remember is, it's just one day. It's not as scary as the thing that has brought you here. No one is going to hurt you. You are telling the truth, have nothing to be ashamed of and you're there to stand up for yourself against someone who thought they could do what they wanted to you. 

The process begins
If you made a recorded statement (ABE), your police officer will have shown it to you before you have to go into court to refresh your memory. When you get to court, your ISVA will be there to support you in the Witness Service room. The Witness Service are part of Citizens Advice, their volunteers are there to make sure things go as smoothly as possible for you when you are in the court building, The only people allowed in their rooms are people like you and their supporters, No one who is there to support the defence is allowed in, and certainly not the defendant! There is an endless supply of tea and coffee, the volunteers will take your off what you're there for, It's generally a relaxed, welcoming space. 

Your case
The lawyer who will be presenting the case for you and the police is the Prosecutor. They will come and introduce themselves before it all kicks off so that you can see them without their wig on! The wigs and black gowns are all part of tradition, nothing to be intimidated by. The lawyers are just going their day jobs, no matter how big of a day it is for you.

There will probably be a fair but of hanging around before you are needed in the court itself. That's because the court staff need to be sure everyone is there before they start, otherwise it's a waste of everyone's time and they would have to start again on another day when everyone is there.

The jury
You are only needed in court when they are ready to hear your evidence. The Prosecutor goes first, because you are their witness. The jury will be shown your ABE before you go in, so they know what you said happened. They are 12 members of the public, chosen at random from the people who have been called to do jury service. To qualify for jury service, you have to be on the Electoral Role and not have a criminal record.

Giving evidence
This is the big bit for you. If you are going into court to give evidence, probably with a screen, we will walk up to the court together with a Witness Service volunteer. The usher will have made sure no one sees you as we go in. You are settled in the witness box with the curtains drawn - this is the screen. The defendant will NOT be in the court as you come in, they and anyone from the public gallery will be allowed back in once you are comfortable. You will be able to see the Judge, the two barristers and the jury. The Judge will say hello and make sure you have what you need. It's a similar process if you are giving evidence via video link except everyone in court will be able to see you on big screens but you will only have to see the people who speak to you, so the Judge and the two Barristers. Usually, you will only have a Witness Service volunteer with you. You have to take an oath to tell the truth but the Usher will take you through that.

Because the jury have seen your ABE, the Prosecutor may not have many questions for you - you may have said everything already. If they do have some points they want to clear up, this is when they ask. Your answers need to be clear and as short as possible. If a 'yes' or 'no' will do, that's fine.

Once the Prosecutor has asked everything they need to, the Defence barrister has their chance to ask you questions. Now, it's their job to put the case of the defendant and they have said something very different to you. It's the Defence barrister's job to put their client's version to you so that the jury can hear both sides of the case. If you stick to what you know happened, you'll be fine. If they suggest something else, you stay with what you know. If you can't remember, say so, if you don't know, say so and if you don't understand, ask for them to put the question another way. It's probable that at least 5 people on the jury didn't understand either!

You did it!!!
Once the Defence have asked all their questions, the Prosecutor gets a chance to clarify anything with you. The Judge may ask something and then you're done! If you want a break at any time, just ask the Judge. When it's time to leave, the Usher will make sure everyone else is out of the court and we'll make our way back to the Witness Service room for a well earned cuppa. You aren't allowed to talk to anyone about the evidence you gave until the trial is over, no matter how tempting it may be! That's because if your evidence is known to people who have yet to give evidence, it could affect what they say or it could cause the trial to collapse and all that stress and worry will have been for nothing.

The verdict
Your police officer will let you know what's happening in court at the end of each day, so you know what's happening without having to attend. You may want to attend to hear the verdict, but this would mean hanging around for hours, maybe even for days. It's far better to wait for the Police officer to call.

If the verdict is 'guilty', it's normally a couple of weeks before the sentence is passed and we can certainly attend court to hear that. Again, we will be in the Witness Service room until the case is called so that you will be safe while we wait. Once sentence is passed and the prisoner is going to be taken to jail, they won't be allowed out. They are taken downstairs to the cells to await transfer to prison. If they have any supporters, you will be shielded from them as much as possible. As soon as it's over, you can either go back to the Witness Service room or you can leave the building. Of course, you can leave at any time, you're free!

Whatever the ending.... everything is going to be ok. If it's not ok it's not the end.

Wearing them takes me back there

by Alison Welfare-Wilson, Lenna Adley, Zoe Bell, Rachel Luby • 11 Feb, 2021
The wearing of face coverings following an experience of trauma and the use of grounding techniques to alleviate distress during the COVID-19 pandemic
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