Please tell me about being a prosecution witness

[Bananaketchup]

I have been called as a witness in magistrate's court in a couple of weeks time and am genuinely terrified. The charge is 'using threatening words and behaviour', it was a very short argument in the street, probably less than 5 minutes total, and I was indoors so I didn't see anything only heard the words said. This was 6 months ago. I know the couple who were threatened are the other prosecution witnesses and I'm guessing the defendant and his partner are the defence witnesses. There wasn't anyone else around that I know of, except for a neighbour who refused to give a statement.

I have anxiety problems and was previously agorophobic so having to go to court, potentially wait all day (I'm bad at anticipation) and then being trapped in the witness box with everyone looking at me is scaring me senseless. I've asked for a tour of the court as I think it'll help me to know where I'm going but this hasn't happened yet.

Can anyone help allay some of my fears? Things like -
How long I am likely to have to wait - I've been asked to attend at 9am so does this mean the case will start then or is everyone from every case there all day waiting for their case to come up?
How long am I likely to be in the witness box? I think it is a minor offence and I didn't actually see anything only heard what was literally maybe 5 sentances exchanged so I'm hoping I won't be considered to have much to offer. Or do they take every case just as seriously and pull everything you say apart for ages?
What are the chances the defendant will change his mind and plead guilty? I am hanging onto this hope but obviously he's had the chance to do this for the last 6 months and I think 2 pre-trial type court appearances and hasn't. The witness care woman who rang me said he can change his plea up until the witnesses arrive at court on the day but is it likely or am I kidding myself?

Sorry this is so long, I am really getting myself in a state about it so any help would be appreciated.

Bananaketchup - So sorry you're stressed out by this. Witnesses are the basis of our court system - so it's fantastic that you were prepared to support a victim of crime by giving a statement. Just hoping that taking a bit of pride in what you are doing helps to get you through a bit of the apprehension.

On the waiting front, they do tend to get a lot of cases to turn up at the beginning of the session and then you just have to wait until your case gets called. But you should have a quiet place to wait that won't be intimidating. I suggest taking a good book or magazine with you. You should also be able to take a friend for support if you have one who can come along - double check that this is OK for your court.

In terms of how long you'll be in the witness stand that is very variable - it sounds like a fairly short case for which you have fairly straight forward evidence. So probably around 10 minutes as a loose ballpark figure - it will no doubt feel longer, but also a lot of it will be formulaic - taking the oath, stating your name, agreeing you were there etc. The CPS lawyer will most likely basically walk you through the statement you made. Given your description of the case the defence will most likely ask questions that suggest you aren't certain you heard properly or that it could have been someone other than the defendant. Also there are bound to be a few questions that don't seem relevant to you. If you know either the defendant or the victim it's possible they'll suggest you have an ulterior motive, however lawyers still have to be reasonably respectful. it's not generally like the aggressive stuff you see on TV. I don't know for certain that this is what will happen. But given the case you outline it seems likely. If you get nervous on the stand just take your time, ask the lawyer to repeat or rephrase if you don't understand, keep your answers as short as you reasonably can and tell the magistrates if you're overwhelmed. Remember that it's not a test - you're a witness, you're not advocating for one side or the other, you answer the questions as best you can then go home and have a cup of gin tea.

If you go for the court tour (great idea by the way) then see if there is a similar case you can watch (most court cases are open to the public). They are really quite dull most of the time. Hopefully that will help you feel a bit calmer. If you can't do a tour then you can still go along and sit in on a case yourself. Though you probably won't be able to see the witness waiting area.

It seems unlikely he'll change his plea - but it does happen. One thing some defendants occasionally do is wait until they are sure everyone is there before they plead guilty in the hope the case will be dropped because witnesses did not turn up. But you shouldn't expect that to happen - it isn't the most common thing.

Victim support provide help for witnesses. And are likely able to give you much more applicable advice than this. Hope this is somewhat helpful.

Thank you, I really appreciate you taking the time to respond so kindly. Although the coward in me badly wants to not do this, I feel like I have to see it through - if things had been the other way round and I was the one being threatened, I'd expect anyone who heard it to come forward so I have to do likewise.

So it sounds like it will probably be a long wait which I will not do well with, but it's better to know in advance and be prepared for that. 10 minutes in the witness stand seems do-able, so that's a big comfort. I didn't see anything only heard, so I can't say who was standing where or anything, so I hope it will be quite quick. I do know both the victim and defendant - they both live on my street - so I will expect something along the lines that I am partisan. The victim I would say hello and pass the time of day with if we meet, the defendant I've never spoken to. So I expect that will be raised.

Thanks again for your help, I know this is a really minor case from the system's point of view, but it's having a major effect on me at the moment so any information helps me feel more prepared.

Good luck.

Do call Victim Support. And don't be embarrassed about needing support. You are an important part of the justice system, and even normally extrovert people can be intimidated by courts.

It may be a small case compared to the sorts of things you see on TV, but threatening behaviour eats away at the foundations of civil society. And I bet the victims didn't think it was small incident. You're being brilliant.