Giving evidence 6 years later

[EE1980]

I've been called to give evidence 6 years after an event happened.

I gave a statement 4 years ago which was already 2 years after the event.

I'm a witness.

Going to be cross examined etc.

Will apparently be given my statement a week before to remind me.

Although I remember the event I can't remember specific details anymore. It is a "he said" and "she said" scenario so what was said at time is important.

I'm worried I'm going to be hauled over the coals about this by a clever barrister. As I said I'm only a witness and prosecution has called me.

Anyone any experience of giving evidence years after the event please?

Is this a civil or criminal context? Something that involved you personally/professionally or were you just a chance witness? In criminal cases there is usually a police person/witness liaison officer who supports and explains the process. If civil the side who is calling you as a witness hopefully has a barrister - can you contact them and explain you are a bit nervous and can they talk you through what to expect?

In my professional experience I have been to civil court/tribunal many times, due to the long timescales of these cases my evidence is very often about things that happened years and years ago with many very similar cases having happened in between so my memory is very hazy and I have to refer back a lot to my statement. My (non legally qualified I must say!) advice is that most courts, esp civil courts and tribunals are a lot more mundane and less dramatic than what you see on the telly and while of course being cross-examined by a barrister is intimidating they are usually quite polite and calm about it (very rare to see barnstorming shouty accusatory performances at the County Court in Watford!). The courtroom is often more like a (fairly run down!) office meeting room than a 'court', there are no gavels and 'objection!' shouting or hectoring the witness - obviously each barrister will want to put the best possible slant on events for their client but usually this doesn't involve character assassinations, 'tearing people to shreds' or accusing innocent bystanders of being liars and cheats etc as that's obviously absurd and won't help their case. I'd think it's far more likely s/he will just try and get you to admit your recollection is hazy and/or unreliable so they can get all or part of your evidence essentially disregarded, which TBH if you are clear from the start it happened a long time ago and you don't clearly recall certain things isn't that traumatic an admission to make!

It is absolutely fine to say you don't remember certain things, in fact you will be asked to swear 'the whole truth' etc. and this includes not making up or guessing at things, even if pressed to do so, which would not be the 'truth'. It is usually better to give short, factual answers than be drawn into long rambling descriptions, even if you feel that's a little curt/rude and if you are repeatedly pressed on the same point, it's OK to repeat yourself. Whatever the type of court there will be a judge overseeing things and s/he will intervene either if they feel the barrister is crossing the line with you OR you are not answering their questions properly so stick with/trust to their judgement (or the opposing barrister will do so too). And if the barrister does press you hard / imply you are stupid or lying or incompetent, try not to get riled or take it personally, I know it's tough particularly if it's a case that really matters a lot to you but barristers do this day in day out, they would try and shake the confidence/credibility of the King himself, that's their job after all, it isn't about you. If you feel yourself getting upset you can ask for a break also.

Good luck!

Just be honest. If you don't remember say you don't remember. Not sure what it's for, but the legal system is well aware that eye wtiness testimoney isn't super reliable, and the longer that passes the less accurate it is.

I had a similar experience a few years ago.
I basically re-read my statement & when questioned I repeated word for word exactly what I had written. I was asked a few other questions by the barrister for the defence, some I was able to answer others I said " I can't recall that detail as it happened 5 years ago." Everyone seemed to accept and understand.
The barrister for the prosecution who called me was very reassuring & pointed out I wasn't on trial & if I couldn't recall something just say so rather than trying to make something up.
I actually enjoyed participating as I felt I had done my bit and I was treated with respect by everyone.

I’ve been cross examined in court and judges take a dim view of bullying behaviour by barristers (the general public that is, expert witnesses not so much).It’s also nothing whatsoever like any tv show I’ve ever seen.

Just re-read your statement, have a careful think about the events and answer the questions honestly. Not remembering is perfectly valid.

I've been called as a witness to something that happened 30 years ago (serious crime). Gave my statement over 3 years ago, can't remember exactly what I said. Won't have any prep. Don't know what to expect. I already have anxiety and post natal anxiety, so this is stressing me out somewhat. I hope you get on ok!!

Generally it's all quite calm, dull. Obviously if the case is distressing then the judge/ barristers might be a little more cautious. Mainly though its all as unemotional as possible so they can try to get a view of the facts as much as that is possible

So you'll get your statement to remind you. They'll be copies of your statement in the court room as well so if you really can't remember say so and ask to review your statement as you made that closer to the time of the event.
The key point is not to lie or make a best guess. Just go through what you can remember, ask for your statement if you are struggling.
As others have said it probably won't be as interesting as your expecting, it's all rather slow and boring usually.
Take a book or kindle with you because there'll probably be a lot of sitting around waiting.
If you refuse to give evidence technically you could be summonsed. It's unlikely but could in theory happen.
If it would help you can ask to see the court room in advance and hopefully you'll meet the prosecution barrister before giving evidence as well (usually on the day at court they'll come and introduce themselves).

I’ve seen this in court lately.

the defence tried to tie people in knots re dates/progression of events.

I would get your statement and try your best to have it all in some sort of timeline

and be prepared for justice not to be done. Bitter experience.

Thanks so much for all your advice - lots of practical points. Date of hearing still to be firmed up which doesn't help as don't know how much advance warning I'll be given.

This sounds like Kirsty s story from the archers!