Witness citation advice please

[Anotherbigboxofstuff]

Hi all, I hope I can get some advice/reassurance as I'm feeling really nervous about this.

I have been called as a witness after reporting a crime. I saw a young child being repeatedly hit by a caregiver as a means of punishment/chastisement. Any physical striking of a child is illegal in Scotland and I reported it to the police. After my interview it was not difficult for them to find this person due to very obvious identifying features/information. The person and the child are unknown to me but this is a fairly small town.

So I now have the letter to attend court as a witness and I'm really nervous. Something about seeing this person's name on the letter brought it home that this was advancing from more than a police interview. I will be in court giving my evidence in front of this person. I've never been in a courtroom before having never even done jury duty.

I found myself even doubting whether or not I'd done the right thing. There are arguments to be made against the strictness of this law in Scotland, but I was compelled at the time to call the police because what I saw was more than a single swift smack on the bum from a harassed parent. It was too far so I think I did the right thing. It shocked me at the time and on reflection if I had seen a parent in a moment of stress give a quick tap I wouldn't be phoning the police, so I think that answers my question about whether or not it was the right thing to do. I'm quite churned up.

I think I'm just anxious about the whole process. Not knowing what to expect. Months and months have passed since I gave the interview, and the court date itself is also months away. I worry that I'm doing something wrong and meddling with a family, causing them grief.

Can anyone give some reassuring advice/insight into the experience of being a witness in court?

Thank you.

Been involved in lots of family proceedings and criminal prosecutions(worked in DV)

It sounds like you witnessed a violent assault of a child. Your report to the police will have instigated child safeguarding procedures, if they were not already ongoing. Which would have involved considerations of how to help the family be better more effective parents.

You are just one piece of a jigsaw of concern, and did the right thing. God forbid the child was killed, and then you would have had to live with recognising them on a news report.

As a witness just stick to what you saw, not what you felt or what you believe.

You will be cross examined, to try and suggest you were mistaken or exaggerate or hold a particular view. Just stay with yes or no on cross examination do not get drawn in, stick to exactly what you saw.

Oh forgot to say you did the right thing.

Hi, I just wanted to reassure you that I think you did the right thing, and although it is daunting to be a witness, there will be a grateful child who will know someone stuck up for them when the person caring for them did the opposite.

I have been a witness once (it was unheard of that someone in my position was called, but hey ho). My only advice is to reread everything you said to police and try and write down all you can remember. It is ok to say you are not sure if asked but try to be factual and honest. If you have forgotten anything don't try to justify it. Try to get clear in your mind what you saw and perhaps write it down and say it out loud, and do this soon, don't wait for the court date as by then you may have forgotten things that you remember now.

Sometimes reasonable questions can throw you off track, it's ok to think about the answer if that is what you need to do. If you take things very personally try not to see yourself as the victim (I am absolutely sure you are not anyway) in a difficult situation.

I went to mine woefully unprepared, I was quite young, nobody told me what to expect, and I couldn't even imagine what they wanted me to answer (again it was highly unusual that I was called). I went in thinking I would be asked a couple of questions and sent away but I was questioned a lot, by 5 different people (it was a specialist court) and did not come away from it feeling great (although ultimately the result was positive).

Honestly, if I had prepared by being warned about what I could be asked about and thought back to the time the events were happening I would have been much better and I would have felt I had been more useful.

So be confident you did the right thing, remember as much as you can about what you said and know that ultimately you will be giving information crucial to the wellbeing of a young person in need.

Thank you both @Karensalright and @Knickersinatwist36

What I saw was someone who lost control of (what used to be called in Scotland) "reasonable chastisement", and continue hitting. Nothing horrific like blows to the head or smacks across the face, but beyond what I would consider reasonable (even though that isn't a thing anymore in law, but we all have an understanding of a swift tap in extreme circumstances)

I remember what I saw but the police interview asked very specific questions about where I was standing, which direction I was facing, who was where, how were they positioned, distances, who said what and who responded in which way etc etc. Can I request to see what I said?

I know the basic information of what I saw but all these details are fuzzy now that it was months ago.

Contact the prosecuting officer they can provide you with a copy.

That little child will one day be very grateful that you intervened. If someone behaves like that in public, goodness knows how they behave in private.

Thank you, I'll do this

Thank you. I hope so.

Also contact witness services at the court. They will give you a 'tour' of the court, explain who sits where - what to expect etc .

You may find attending the public gallery of a crown trial helpful as well.