Appearing as a witness at magistrates court.
Discussion
A few months ago I witnessed a car accident and now I've received a witness summons to appear at the local magistrates court.
I'm really surprised that the driver responsible for the crash has plead to the charge of Driving Without Due Care & Attention as he clearly drove straight through a red traffic light and t-boned another car. His guilt in the situation is so obvious that I can't for the life of me imagine why he hasn't put his hands up to it.
What should I expect as a witness? Any do's and don't I mightn't have thought of?
I'm really surprised that the driver responsible for the crash has plead to the charge of Driving Without Due Care & Attention as he clearly drove straight through a red traffic light and t-boned another car. His guilt in the situation is so obvious that I can't for the life of me imagine why he hasn't put his hands up to it.
What should I expect as a witness? Any do's and don't I mightn't have thought of?
1. Turn up on time.
2. Try to find out who is the prosecutor handling the case.
3. Re read your statement before giving evidence.
4. Tell the truth.
5. Listen carefully to the question.
6. Answer the question that was asked as precisely as you can. If you don't know the answer, say so. If the question is unclear, request that it be asked again.
7. Don't reply to a question with a question.
8. Don't try to out think or box around the questioner.
9. State what you recall. Do not express opinions unless asked to do so. Leave your view of who is guilty or innocent outside.
10. Be candid if you do not recall something or are in doubt. You are there to help, not to make sure that one side or other wins.
11. Address your answers to the Magistrate(s). Call them Sir or Madam as the case may be.
12. Tell the truth.
PS: tell the truth!
2. Try to find out who is the prosecutor handling the case.
3. Re read your statement before giving evidence.
4. Tell the truth.
5. Listen carefully to the question.
6. Answer the question that was asked as precisely as you can. If you don't know the answer, say so. If the question is unclear, request that it be asked again.
7. Don't reply to a question with a question.
8. Don't try to out think or box around the questioner.
9. State what you recall. Do not express opinions unless asked to do so. Leave your view of who is guilty or innocent outside.
10. Be candid if you do not recall something or are in doubt. You are there to help, not to make sure that one side or other wins.
11. Address your answers to the Magistrate(s). Call them Sir or Madam as the case may be.
12. Tell the truth.
PS: tell the truth!
Yes, ask the prosecutor. Do not be surprised if the prosecutor is young and appears to know little about the case - he or she may only just have got the file.
Do not be surprised if you are kept waiting, if no one tells you anything, if the case is adjourned, or if the case collapses because the defendant fails to show, pleads guilty, or the CPS cannot find the file or a key witness. The defence lawyer (if there is one) may be competent and effective, or may be just an incompetent who yells at you to no effect. If that happens, just stay cool and tell your story. Don't take anything personally. If the defendant has no lawyer and questions you, do not get involved in a slanging match. Tell your story. Look at the Mags, talk to the Mags.
If chaos and confusion and rudeness and frustration occur, do not blame the system and say that the police, courts, lawyers, and civil servants are all useless. Blame all recent Governments for making the system run on a budget of 10p.
Do not be surprised if you are kept waiting, if no one tells you anything, if the case is adjourned, or if the case collapses because the defendant fails to show, pleads guilty, or the CPS cannot find the file or a key witness. The defence lawyer (if there is one) may be competent and effective, or may be just an incompetent who yells at you to no effect. If that happens, just stay cool and tell your story. Don't take anything personally. If the defendant has no lawyer and questions you, do not get involved in a slanging match. Tell your story. Look at the Mags, talk to the Mags.
If chaos and confusion and rudeness and frustration occur, do not blame the system and say that the police, courts, lawyers, and civil servants are all useless. Blame all recent Governments for making the system run on a budget of 10p.
As BV's said - it often doesn't run smoothly.
Put simply, answer the question directly, and tell the truth. If you don't remember something, or could not see something, say so. Remember, it's not you who's on trial, you are just there to say what you know. The prosecutor is on your side, and will simply take you through the events, and you ask his questions.
Then the defence solicitor or the guy himself will cross-examine you. Remember again, you are just there to tell the truth. They will try to draw you into saying what they want or getting frustrated. You can avoid that by giving short, direct answers. Don't try to be clever, or try to pre-empt what you think they will ask next.
It might help to remember that as formal as the magistrates and the setting look - they are just normal people. A friend of mine is a magistrate. He's actually quite a friendly guy and runs the local Spar shop.
Put simply, answer the question directly, and tell the truth. If you don't remember something, or could not see something, say so. Remember, it's not you who's on trial, you are just there to say what you know. The prosecutor is on your side, and will simply take you through the events, and you ask his questions.
Then the defence solicitor or the guy himself will cross-examine you. Remember again, you are just there to tell the truth. They will try to draw you into saying what they want or getting frustrated. You can avoid that by giving short, direct answers. Don't try to be clever, or try to pre-empt what you think they will ask next.
It might help to remember that as formal as the magistrates and the setting look - they are just normal people. A friend of mine is a magistrate. He's actually quite a friendly guy and runs the local Spar shop.
Edited by JustinP1 on Wednesday 11th November 11:54
rohrl said:
His guilt in the situation is so obvious that I can't for the life of me imagine why he hasn't put his hands up to it.
Possibly he posted on an internet forum about how NuLabour/EUSSR had caused him to drive into somebody who was probably an illegal immigrant and then took the advice of some exceptionally well qualified Directors?
I've just given evidence this morning. The prosecutor had been given the wrong evidence bundle so had never seen it before but thankfully the defendants brief had also never seen the papers before either. The cps I expect to be disorganised but for a defence brief at trial is a little perplexing and he was utterly useless missing all the pertinent points.
Around the witness room your could hear tales of previous adjournments, people not being told before that they weren't needed, people being given the wrong court venue! Frankly I'm amazed that it even barely functions as it should
Around the witness room your could hear tales of previous adjournments, people not being told before that they weren't needed, people being given the wrong court venue! Frankly I'm amazed that it even barely functions as it should
JustinP1 said:
As BV's said - it often doesn't run smoothly.
Put simply, answer the question directly, and tell the truth. If you don't remember something, or could not see something, say so. Remember, it's not you who's on trial, you are just there to say what you know. The prosecutor is on your side, and will simply take you through the events, and you ask his questions.
Then the defence solicitor or the guy himself will cross-examine you. Remember again, you are just there to tell the truth. They will try to draw you into saying what they want or getting frustrated. You can avoid that by giving short, direct answers. Don't try to be clever, or try to pre-empt what you think they will ask next.
It might help to remember that as formal as the magistrates and the setting look - they are just normal people. A friend of mine is a magistrate. He's actually quite a friendly guy and runs the local Spar shop.
This. By way of example, I ended up being questioned (in Exeter Crown Court) by defence about measurements I had estimated on the day of the offence (the distance between my car and a T-junction). I was asked to estimate the distance by defence, and I stupidly forgot I had made that measurement in my written statement on the day of the incident, so gave an estimate which was about a foot out from my written statement. Of course, this prompted a condescending rhetorical question about "which version of my events should the jury believe - that made on the day, or that which you are claiming now in court?". In the end it made no difference to the outcome, but a good barrister will pick up on the smallest of details like that to make you look unreliable.Put simply, answer the question directly, and tell the truth. If you don't remember something, or could not see something, say so. Remember, it's not you who's on trial, you are just there to say what you know. The prosecutor is on your side, and will simply take you through the events, and you ask his questions.
Then the defence solicitor or the guy himself will cross-examine you. Remember again, you are just there to tell the truth. They will try to draw you into saying what they want or getting frustrated. You can avoid that by giving short, direct answers. Don't try to be clever, or try to pre-empt what you think they will ask next.
It might help to remember that as formal as the magistrates and the setting look - they are just normal people. A friend of mine is a magistrate. He's actually quite a friendly guy and runs the local Spar shop.
Edited by JustinP1 on Wednesday 11th November 11:54
Read your written statement very carefully.
Edited by TankRizzo on Wednesday 11th November 13:13
TheBear said:
I've just given evidence this morning. The prosecutor had been given the wrong evidence bundle so had never seen it before but thankfully the defendants brief had also never seen the papers before either. The cps I expect to be disorganised but for a defence brief at trial is a little perplexing and he was utterly useless missing all the pertinent points.
Around the witness room your could hear tales of previous adjournments, people not being told before that they weren't needed, people being given the wrong court venue! Frankly I'm amazed that it even barely functions as it should
Pay peanuts, get monkeys. Junior criminal lawyers are not very well paid and are often not very good. Getting a case at the last minute is fairly normal in that world. I am glad that I am not in it. There are some excellent criminal lawyers, but they are either niche specialists with privately paying clients, or they do publicly funded work for buttons but have a sense of vocation. Around the witness room your could hear tales of previous adjournments, people not being told before that they weren't needed, people being given the wrong court venue! Frankly I'm amazed that it even barely functions as it should
Anyone who works in the Court system is amazed that it (just barely) functions. The Government seems intent on burning the system to the ground, but somehow it staggers on.
anothernameitist said:
Whilst daunting, you are not in the dock accused of a crime. you are just the witness so try to keep removed from the situation.
This... but despite that being said, you will feel like you are on trial when you are being questioned. So take head of BVs first response on being clear about questions and the answers to them.Wacky Racer said:
rohrl said:
His guilt in the situation is so obvious that I can't for the life of me imagine why he hasn't put his hands up to it.
Remember it is not for YOU to decide whether he is guilty or not...
Just say what you saw and leave it at that.
k that. I'm taking my own noose and portable gibbet.- Tell the truth.
- Resist the temptation to think, "I wish I said that" in hindsight because we all do that.
- Don't rush, you don't need to be quick-firing answers in the 'rhythm' the defence are dictating.
- Attend with a Freemason of the land.
- I find physically facing the bench and turning to the questioner more effective as it makes it harder for them to interrupt you.
- If they ask a long convoluted question request they repeat it for LOLz and to disrupt their flow.
Try to enjoy it. I really like giving evidence (especially at Crown) but then I am probably over-confident. Ignore two of the above.
- Resist the temptation to think, "I wish I said that" in hindsight because we all do that.
- Don't rush, you don't need to be quick-firing answers in the 'rhythm' the defence are dictating.
- Attend with a Freemason of the land.
- I find physically facing the bench and turning to the questioner more effective as it makes it harder for them to interrupt you.
- If they ask a long convoluted question request they repeat it for LOLz and to disrupt their flow.
Try to enjoy it. I really like giving evidence (especially at Crown) but then I am probably over-confident. Ignore two of the above.
Countdown said:
rohrl said:
His guilt in the situation is so obvious that I can't for the life of me imagine why he hasn't put his hands up to it.
Possibly he posted on an internet forum about how NuLabour/EUSSR had caused him to drive into somebody who was probably an illegal immigrant and then took the advice of some exceptionally well qualified Directors?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff