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Q198: Can I give evidence in court behind a screen?

Answer
There are a number of measures that can be used for any vulnerable or intimidated witness. Some people automatically assume vulnerable status within the court process:
 
  • All child witnesses under 18 at time of giving evidence;
  • Any person suffering from a mental disorder;
  • Any person suffering from a learning disability;
  • Any person who is physically disabled;
  • Any witness whose evidence is likely to be diminished through fear or distress.

The police have the responsibility of notifying the Crown Prosecution Service (CPS) at the earliest possible stage of any measures that may be required. The CPS will then make an application to the Court for a Special Measure Direction and the Court will decide if the measures will help the witness to give their 'best evidence'.
 
Special measures include:
 
  • Screening the witness from the accused;
  • Giving evidence through a live link;
  • Giving evidence in private;
  • Removal of wigs and gowns;
  • Use of communication aids;
  • Video recording of interview used as evidence;
  • Examination of the witness through a third party.

You will not be prevented from being seen by the Judge or Justices, jury (if there is one), legal representatives, interpreter or other persons appointed to assist the witness. For further help and information please see the websites in Related Information.
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Answer

If you have given a statement for a case, there is always the possibility that you will have to attend court as a witness. You may be called as a witness in most cases if you are the complainant or if the defence want to question you about the issues contained in your statement. On the back of the witness statement form it states that if you give a statement, you may be called to court. This should have been pointed out and explained to you prior to you signing the statement.

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Answer

If you are a witness in the case, you can:

  • Contact the Officer in the Case,
  • Contact the Witness Liaison Department – (the name of this department can differ from force to force),
  • Contact the court directly.

If you are a defendant, you can either contact your solicitor or the court directly.

Please see the link in Related Information to find court contact details.

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Answer

Whether witnesses are called to court varies from case to case. It depends on a variety of factors including the evidence presented and the issues in dispute between the prosecution and the defence in the case.

In the majority of cases, the oOfficer in the Ccase will be at the court. Victim Support can offer support and advice to victims of and witnesses to crime, see the websites in Related Information.

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Answer

Whilst it is possible that the defendant will also be outside the court room at times, it does not follow that you must sit in the same area. Many courts have large communal areas and will announce each case over a tannoy so that if you wish, you can sit away from the defendant. Alternatively, speak to the court usher and tell them where you are going to be.

At most courts there will also be the Witness Service/Victim Support who will be able to provide a separate room for you if you do not want to sit in the communal area. It is perfectly understandable that you would not want to sit outside the court with the defendant in your case.

Alternatively, you can contact the Officer in the Case who may be able to make alternative arrangements for you.

For more information please see the websites in Related Information.

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Answer

No, if you are a witness or a complainant in a case then you do not need a solicitor. You are simply telling the court what you saw/what happened etc. The Crown Prosecution Service prosecutes the case on behalf of the police and the defendant will have a solicitor to represent him/her but you yourself do not need any legal representation.

For more information please see the websites in related information.

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Question

Q198: Can I give evidence in court behind a screen?

Answer

There are a number of measures that can be used for any vulnerable or intimidated witness. Some people automatically assume vulnerable status within the court process:
 
  • All child witnesses under 18 at time of giving evidence;
  • Any person suffering from a mental disorder;
  • Any person suffering from a learning disability;
  • Any person who is physically disabled;
  • Any witness whose evidence is likely to be diminished through fear or distress.

The police have the responsibility of notifying the Crown Prosecution Service (CPS) at the earliest possible stage of any measures that may be required. The CPS will then make an application to the Court for a Special Measure Direction and the Court will decide if the measures will help the witness to give their 'best evidence'.
 
Special measures include:
 
  • Screening the witness from the accused;
  • Giving evidence through a live link;
  • Giving evidence in private;
  • Removal of wigs and gowns;
  • Use of communication aids;
  • Video recording of interview used as evidence;
  • Examination of the witness through a third party.

You will not be prevented from being seen by the Judge or Justices, jury (if there is one), legal representatives, interpreter or other persons appointed to assist the witness. For further help and information please see the websites in Related Information.
 
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