Welcome to Court
Going to Court
Victims and witnesses are critical to the Criminal Justice System. As a victim you may be referred to as Complainant, Virtual Complainant, Victim or even witness for the Crown.
As a witness, you’ll be asked questions about what happened, or what you know about the crime. The following information will help you to get ready for giving evidence to the court.
Before you give evidence in court you will be required to take an oath or an affirmation. During the oath, you will hold the Bible and promise to tell the truth while in affirming you will raise your right hand and promise to tell the truth. Don’t worry, there will be someone there to tell you exactly what to do and what to say.
After that process is complete then the Prosecutor will begin asking you questions about the crime or the judge may ask you a few questions as a way to relax you.
The Following are the important things to note when going to court:
- How do I prepare for Court?
- What do I do on Court Date?
- What if English is not my first Language?
Steps in going to Court
The COURT ROOM
The appearance of courtrooms varies. Criminal trials are held in the Supreme Court and in the Magistrate’s Court. In the Supreme Court there will be a jury usually consisting of seven persons or twelve persons in the case of capital offences. The jury usually sits together on one side of the court. In the Magistrate’s Court there is no jury.
The COURT USERS
The following persons normally work in or use the Court.
Judge or Magistrate is in charge of the courtroom and sits at the high bench in front of everyone. They make sure the trial is run fairly, and hand down the sentence.
Jury is made up of either 7 or 12 people. They listen to the evidence presented in a criminal trial, and decide whether the accused is guilty or not guilty.
Prosecutors are usually lawyers who work in the Office of the Director of the Public Prosecutions(DPP). They outline the charges to the court and lay out the evidence against the defendant
Defence Lawyers or Attorneys represent the person or persons charged with the offence before the court
Investigating Officer is a police officer, or someone from a government agency that investigates specific types of crime.
Defendant is the person accused of breaking the law. They usually sit in an area of the court which we refer to as the dock. This is usually at the back of the courtroom and away from the witness box.
Victim or Witness tells the court what happened to them, or what they heard or saw.
Support Person might be a family member, friend or social worker, or victim and witness support officer who has helped the victim or witness prepare for court. Most times, they go to court with the victim or witness on the Court day.
Court Officer/Bailiff helps the judge and people coming into the court. They administer oaths and affirmations to witnesses and help the judge or magistrate to control the proceedings in court.
Court Clerk records what happens in court. Some courts record trials electronically but this person helps the judge or magistrate with anything they may need during the trial including passing them documents and marking and keeping exhibits during the trial. They are also in control of the recording system and they also read the charges to which the defendant will answer.
Correction Officer (Prison Warden) provides security to people in custody
Interpreter helps the court by translating what is said to a witness, and what the witness says.
Public Gallery is where your support person, family members, friends, journalists or other members of the public can sit.
Media refers to journalists, who often attend court to report on what has happened.