Son witness at Crown Court tommorrow

Jojo_the_Tightfisted

If he says something that the opposite barrister picks up on, he'll probably be asked the same question more than once, just worded slightly differently with the intention of making him contradict himself. Tell him, if that happens, just repeat what he knows/saw very calmly. And, if he gets the 'how could you know that? You're not an expert' type of thing, to calmly repeat that he saw/knows x, rather than start feeling insecure or picked upon. It's not personal, the barrister is just doing their job - but their doing their job can feel quite unpleasant when it's you they're doing it to.

RAS

Try and get a chance to look round the court before the case starts.

The prosecutor or defence lawyer may well let him read a copy of his statement.

Stick to facts, what he remembers not speculate.

You can stay with him until he goes into court. Need to agree beforehand if he wants you to sit in the public gallery during his evidence.

Expect the other side to suggest that he does not remember, cannot remember, has told untruths or not told the whole story; thats their job. Ignore and stick to "I can only tell you what I saw at the time".

If he cannot remember say so rather than guessing as that only devalues everything he says.

It is worth facing towards the jury if he can do so without appearing to ignore the lawyers (and may mean he does not have to look directly at the defendant).

Also note that the fact he turns up may mean that the opposition allow his evidence to be read into the court record, if there is nothing contentious. If ID is an issue that will not happen though.

mandi

Some very useful replies everyone , thanks ever so much for taking the time .

browneyedbazzi

How old is your son?

In my experience child witnesses are treated very differently to adult witnesses. If he is young and a prosecution witness they may have set up some special measures for him, particularly if the nature of the offence/his experience merits it. When I had under age witnesses we made arrangements for someone to sit with them in a private room until they were called, we also went through how things work in the court (where everyone sits, how you're expected to address your answers to the judge even though the barrister is asking the questions etc) and often even give them a tour of the courtroom before everyone else arrived so that it wasn't so unfamiliar when they went in to give evidence. Where it was appropriate (ie in a case where a young girl had been sexually assaulted by a taxi driver) we also had screens put up so that the witness wouldn't have to see the defendant.

Janepig

aileth wrote: »

As far as I'm aware you can't do this so late in the day as the Prosecution has to make an application to the court for special measures.

This is correct, special measures have to be applied for weeks in advance.

You can be fairly sure, as he's been called to give evidence in person, that his statement hasn't been agreed by the defence and prosecution. If they agree with the evidence it contains then it can be read out in Court without him being there, but as they have summonsed him then it must mean that there's something that one or other party wants clarification on.

I know when I was with my mother when she gave evidence as a witness, the most difficult bit she found was the barristers ask the questions, but you have to answer the jury. She was told afew times to address her answers to the jury because I think your natural instinct is to look at whoever asked a question when you answer. If that makes sense.

Jx

Gloomendoom

I had to do it when I was 18 or 19. I still cringe about it now.

The defence council made me look like an absolute pillock and the judge kept telling me to speak up.

Yorkie1

Janepig wrote: »

This is correct, special measures have to be applied for weeks in advance.

Jx

This is not an absolute position.

Although there is a limit in the rules about when applications should be made for special measures, the court can waive the time limit if there is good cause e.g. something arises on the day which could not have been foreseen and which means that a special measure would improve the quality of the witness' evidence.

(Obviously, it's too late for video recorded evidence but screens would be possible on the day).

Edit:
Useful websites:
https://www.gov.uk/going-to-court-victim-witness/help-getting-to-the-court
http://www.victimsupport.org.uk/help-for-witnesses/a-guide-to-the-courts/what-happens-in-court

The most important things are for him to speak slowly and clearly; take his time to think about the question before answering; and if he doesn't understand then to ask for clarification.

The advocates are not supposed to try to confuse the witness, but poor practice still persists. A question which has more than one element is particularly poor practice, so you don't know which part to answer first.

bluenoseam

I think the thing to remember is that so long as one sticks to the absolute truth there's precious little in the way of things to be pounced upon like a vulture! The "other side" won't make it easy, but I think the most important advice would be to tell the truth at all times - that way he has less chance of contradicting himself. Also tell him to remember, he's there to give evidence, he's not the one on trial - also the reminder that unless he botches it royally & does something inappropriate, 100% he's going home that night, the same isn't certain for the poor sap in the dock!

Savvy_Sue

On the issue of speaking up, my mother's advice in all situations like this is 'remember the deaf old lady at the back'. You don't want to shout, but you do want to make sure that you're speaking to 'the back' rather than the floor at your feet.

May be too late, but he'll have to swear to tell the truth etc. He might want to think beforehand about whether he wants to do this on a holy book (the default is the bible, but other texts are available on request) or by affirmation. The clerk approached me with bible in hand, fortunately I knew I was going to affirm, and just said that was what I'd like to do please.

Yorkie1

Hope it went ok today for your son, OP.