If you were going to court, what would scare you?

[HBStowe]

(I know IABU for using AIBU for traffic, sorry)

I’m a lawyer and I’m putting together a guide for my clients who have to come to court to give evidence in civil matters. Lots of them understandably find this nerve wracking, and I want to put together a kind of FAQs to help alleviate this anxiety.

I have a glossary of terminology and a couple of sections about what to wear and how to address the court.

What else would you want reassurance on if you were giving evidence in court?

Have you read 'The secret Barrister' OP?

Calm yourself with deep slow breaths beforehand.
Listen carefully to questions.
Take your time answering, be as clear as possible.
Try not to cry.

what the roles of all the people are, whether there's a 'booking in' process etc

I think more support is needed, I'm a witness in an armed robbery case and am being forced to attend court heavily pregnant and not one person gives a shit about the effect it's having on me.
The court we're going to is also an hour and half away and I'm concerned I'll go into early labour because of it.

I’ll start by saying that I only sit on criminal cases and don’t do civil or family.

@BasilFaulty. In my experience ‘special measures’ for witnesses, I.e. screens are nearly always granted now. Video link is the standard for witnesses under 18. I haven’t seen a case for a long time where we have refused the special measures application. We also have a witness care team who are great.

I agree about not taking the cross examination personally. Easier said than done, I know, I have also been a witness in a nasty Crown Court trial years ago and can still remember it in detail.

If you don’t understand a question, ask for clarification. If you don’t know/ remember the answer, say you don’t know/remember. Just tell the truth as you saw it. You will be questioned, it is the other side’s job to find holes in your evidence but just keep to what you saw and repeat ad infinitum if required.

There is a lot of waiting around, it is frustrating for everyone. In theory all cases have to be ready to be heard for 10am or 2pm but they rarely are. In our court we try to deal with people in the order they arrived unless there is a legal reason not to. So it is probably worth turning up an extra 15-20mins early.

Certainly in criminal magistrates court most trials are usually double listed so yours may not be heard at all. In that case we prioritise cases that involve DV, are older offences or have had several listings already. Due to defendants changing their plea on day of trial we usually hear most of them though.

It can be intimidating but everyone there is human, honest.

avacadooo have you spoken to the witness care team? They may be able to find you a comfortable spot to wait etc and arrange breaks / seat in court for you.

Sadly the case can’t wait for it to be a more convenient time for you but the court should make it as comfortable as they can for you.

As for the court location, cases go to court where the crime was committed so not a lot can be done about that really.

The defence just tear you apart.
It's not a case of right or wrong sadly, it's whoes legal team is the best. Acting seems to be part of the skill used by lawyers and barristers,.
It's a horrific experience .

The over listing/time spent hanging around. People really need to manage their expectations on this one.

In civil the statement standing as evidence in chief.

@JustanotherJP I phoned them they weren't interested so I emailed too which they ignored. They also told me it I could be expected to go for up to two weeks before, I'm so stressed because of it.
There's been no support and they aren't willing to help.
I'm in Scotland so I don't know if things are different here?

avacadoooo, sorry to hear that.

Some things are quite different in Scotland and I really only know about the English system, sorry.

I've never been to court.

I would worry that I wouldn't get to have my say, that I wouldn't understand at what stage I was supposed to present information and how much detail I should go into, or that I wouldn't have the opportunity to rebut what the other side claimed - might they get the last say? Would I forget to state something important?

Basically I would be afraid of not being heard.

To be honest I think it would be the practicalities that would worry me. I assume that whoever was representing me, or the side I would be testifying for, would run me though the types of questions I would be asked and how much detail to go into etc.

I'd want to know what to expect from the day; will you wait around a lot, can you buy your lunch there or do you have to go out, will there be a chance to get teas and coffees if you have to wait around a lot. Sounds silly but at least knowing what to expect would make me less nervous.