Giving Evidence At Trial As Victim What To Expect

bluelass

 I was controlled and mentally harmed in my previous marriage and i have had a letter telling me the trial is being held at the beginning of August.
My former spouse has pleaded not guilty so i have to give evidence.
Its being heard in the crown court as i was hospitalised due to a suicide attempt rather than the magistrates as the CPS deemed it more serious.
A neighbour where my former husband still lives is being called as a prosecution witness.
The defence team are calling my ex step daughter and my ex husbands 1st wife.
The defence is being paid for by my ex brother in law who never really liked me and whom owns a business.
My former husband has previous convictions including a spell in jail for GBH in his youth (i didnt know this before we married) i have never been to court before or convicted of anything and i am worried sick.

marcia_

 I would contact your local victim support snd they will talk you through it and can even take you to visit the court etc so you are prepared 

https://www.victimsupport.org.uk/

bluelass

marcia_ said:

 I would contact your local victim support snd they will talk you through it and can even take you to visit the court etc so you are prepared 

https://www.victimsupport.org.uk/

Victim support have already been in touch with me regarding me seeing the court room etc.
It is the cross examination I'm really worried about.

HillStreetBlues

bluelass said:

It is the cross examination I'm really worried about.

I've never done (been on a jury) it but my advice for what it is worth  is,  be honest,  take your time, don't let the defence barrister put words in your mouth, also if you feel you can make eye contact with jury.
 

Pollycat

What exactly is your ex husband charged with?

Can the prosecution team help you with what is likely to happen?
If the CPS have decided there's enough to go ahead with prosecuting you ex, surely they'll want to maximise their chances of a successful result.

bluelass

Pollycat said:

What exactly is your ex husband charged with?

Can the prosecution team help you with what is likely to happen?
If the CPS have decided there's enough to go ahead with prosecuting you ex, surely they'll want to maximise their chances of a successful result.

Coercive control and I was hospitalised due to taking a overdose of pail killers.

74jax

Mine was very straightforward. On arrival at court I had to call my CID advisor who met me at a side door and I was escorted through the court security and into a waiting room just for me. I had a person there who stayed with me throughout. 
I was taken into the courtroom when it was empty and down where I would walk, where he would be sitting, and asked if I wanted to move my seat/area etc to avoid eye contact.
I then went back to my waiting room, and got various updates whilst I drank way too much coffee and ate too many biscuits...
I was then told the judge did not want me to appear in person.  He was charged etc, I was escorted out and led to my car. They watched me drive off site. 
It was all very civil. 

TBagpuss

When you are cross examinined, try to remain calm.

Things to remember:

•  It's the barrister's job to ask clear questions. If you don't understand what they are asking, say so, they can re-frame it more clearly.
• IF you don't remember , say so. People don't have perfect recall, being unable to remember a detail doesn't mean you won't be believed.
• It's OK to take a moment or two before you answer, to get your thoughts straight. This isn't 'fastest finger first' 
• Listen carefully to the questions to make sure that you are answering the question you are asked, not the one you expected them to ask. 
• Don't elaborate or offer additional details, answer ONLY the question they asked (so your answer may be just 'yes' or 'no' . If they need more information they an ask follow up questions.
• If a question is not appropriate then either the CPS lawyer or the Judge should intervene and tell the barrister to move on. 
• If you need a break, it's OK to ask for one. Same if you want a glass of water.

usually the process is that the CPS will ask you questions first, which will be confirming any statements you have provided before and answering any updating / clarifying questions. Then the defence will ask you questions, and after that, the CPS lawyer can ask you further questions if appropriate - so they have the opportunity to ask questions to let you clarify anything that might have been unclear in cross-examination, or if they feel that the questions you were asked by the defence may have left  misleading impression. 

Giving evidence, and being in court with or near your abuser is stressful, it's OK if you do get upset.

Victim Support should be able to offer help and do things like giving you the chance to see the court room etc ahead of time - I'd recommend accepting that so it isn't so unfamiliar when you give evidence .


Also : be prepared for lots of waiting around. Take something to keep yourself occupied- a book / kindle, knitting, soduku - whatever can take you mind off things. Cases do sometimes 'crack' at the last minute (for instance, when someone realises that yes, the witnesses have all shown up) 
If it does go ahead and you have to give evidence, bear in mind that if they ask you a lot of questions, it's stressful in the moment but can be a good sign that their case isn't as strong as they would like

bluelass

A friend of mine who has a family member who is a criminal law solicitor has mentioned if I have been asked about a victim impact statement.
What would this entail and would it strengthen my case?.

Longwalker

I cant believe that none of this is being explained to you by the professionals involved , that you are having to garner replies from complete strangers who have no real idea?

An impact statement is just that, how your life has been impacted by the crime committed

elsien

bluelass said:

A friend of mine who has a family member who is a criminal law solicitor has mentioned if I have been asked about a victim impact statement.
What would this entail and would it strengthen my case?.

It’s not your case, as such. It’s the prosecution case and you are a witness. 

The purpose of a victim impact statement is if the person pleads guilty/was found guilty to show the impact on the victim. It’s not relevant before that.