Anyone been to court as a witness?

[Bigmerlin]

Hello
I have to go to the Crown Court on Monday as a witness in my friend's custody battle for her kids. Has anyone else done something similar? It's scheduled for all day, and threatens to become really nasty. I'm really stressed, so scared for my friend, and worried I'm just going to burst into tears. [Still in the post-natal "bursting into tears at anything to do with children" stage]. If I could get some idea of what to expect, I might be less stressed.

Yes, I give evidence in Court in a professional capacity as expert witness.

Courts can be intimidating places, but most have a witness care unit that should guide you through the process. Are you sure it's a Crown Court? CC is usually for criminal cases -- other cases are usually held in county court, magistrate's court or family court.

It helps if you can get to see the inside of the court before you are called to give evidence, so you know what to expect. In a Crown Court the witness will stand in the witness box (an usher will lead you there, and provide you with drinks of water if you need them). To one side of the witness box is the judge's bench which is raised up. The jury (again, Crown Court) is usually opposite the witness box, while the dock (where the accused stands) will be somewhere opposite. There will be benches in the middle for barristers and solicitors, and a set of benches to one side for press and public. The exact layout varies, but those are the main features.

The trick when giving evidence is to take your time. Compose an honest answer in response to the question, give your answer and then stop. If you can't answer a question, then say so. Don't be led into wittering on nervously just to fill the silence. Sometimes the other side's barrister will ask the same question repeatedly in the hope that you will change your story; if you're confident of your answer, just give it calmly for as many times as they ask. Barristers love asking: "But is it not possible that x happened?" while outlining the complete opposite of what you've just told them. All manner of things are possible, so don't be drawn into speculation. If you think y happened, then just keep saying so.

On the whole the courts go out of their way to be polite to witnesses -- it bears v. little relation to high legal drama on telly, just as real police station interviews bear little relation to DI Frost & co. The other side's barrister has a duty to test your evidence, so it's reasonable to expect some searching questions, but this shouldn't degenerate into bullying.

Find out if the Court has a Witness Service. Sometimes there is a comfortable seating area where you will not have to see the accused/protagonist, and there are often kind volunteer Witness Supporters on duty. They cannot discuss the case or your evidence with you but they can empathise with your nerves and try and allay your fears.

I was a witness in a serious assault case at a Youth Magistrates' Court and very well looked after by the witness service there, as I was pretty scared (and was heavily pregnant when I witnessed the aftermath of the incident in question, so I sympathise totally).

Frogs is right - the defence barristers were courtesy personified.

I found focusing on why I was there helped me a lot beforehand...in my case, ensuring justice for an innocent member of the public who was beaten up in broad daylight on a suburban bus because of the colour of his skin

You are doing the right thing for your friend - hold tight to that. And good luck

Oh yes, and don't be put off by the wigs and gowns! Even the nicest barristers tend to have an off-puttingly pompous, public schooly manner (female barristers less so, interestingly -- I think it's a boy thing). Try to ignore it. It doesn't mean everything they say is wisdom personified, nor does it mean you have to defer to them. Go in, tell your story as best you can, and that's all anyone can ask of you.

Btw everyone has moments when they get out of court and think of things they wish they had said, or wish they hadn't. Don't beat yourself up about it if this happens to you -- you're only a very small cog in the machine.

Also be prepared for lots of waiting and I mean lots. It's not unheard of to wait all day without giving evidence and then get called back the following day. Take books, magazines and a walkman. The coffee in the court restaurants is always shite, and the food is no great shakes either. Oh, and turn your mobile off before you go in there's no better way to antagonise the judge than to start beeping in the witness box.

Thanks guys, that's all very reassuring.
Turns out it's not Crown Court, which is also in the same building, but County Court. Not sure what difference that makes, to be honest, although perhaps less pomp? Also, it's private law, so no spectators.

yes ff has been in court ask her she was nervous too

agree wiht marina re witness service

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I have been involved in a trial. I was given some really good but simple advice beforehand by someone with a lot of legal experience.

Tell only what you know. If you don't know, don't understand or are unsure, say so. Do not give anyone else's version of events or opinions - just yours and yours alone - and say only what you yourself are sure of.

(Incidentally, my brother is your archetypal pompous lawyer and he was no help at all in advising or reassuring me.)

Good Luck.

Sorry im not sure what you want to know, be prepared for feeling completely out of control and not knowing what is going on.Remeber though that everyone else knows what they are doing and have your best interests at heart, you just have to trust them.
Really try not to take anything to heart and take it personally, i got some cracking dirty looks off the defense. Try and just think of them as acting. They are there to break you down. It is impossible to crack if you are completely and utterly honest. Don't say even the tiniest lie or exageration they will jump on you.
Stick to your guns, be assertive, not aggressive, be polite, as articulate as possible.........take your time with answers, it is better than saying the first thing that comes into your head. If you need a minute to think, say so. Hmmmm, remember you may have a long wait and don't neccesarily get called on the day you are due in.
It is perfectly normal to feel nervous, scared and anxious, most of us only associate these types of places with trouble and danger so be kind to yourself. Don't feel weak or ridiculous if you get overwhelmed.

Fill your fridge with wine and drink it on return.