What to expect when appearing in court as a witness

abcd12345

Hi.

I'm due to appear in the dublin circut criminal court as a witness next week in a case, and am wondering what to expect. I've never been in court before and am quite stressed out wondering what its going to be like.

I was wondering would anyone know......

If I've been told to appear at 10 in the morning, so I am wondering what would be the latest time in the day that the court would finish. Is there a "finishing time" in the courts, so I can plan on when I can go home.

Will I be kept in a room all day while I'm waiting to be called to give evidence. Will I be allowed out at all ?

For lunch break - can I bring in a packed lunch (are there any secuity restrictions on what can be brought in). Are witnesses allowed out of the building at lunchtime. Can I go to a shop to get food.

Can witnesses bring in things like a mobile phone ? Can I use my day (in the witness room) to make phone calls to pass the time ?

Very grateful for any advice or any other pointers on what to expect as a witness.

(I tried to get these answers by e-mailing the courts people, but didn't get any reply).

Thanks

Kosseegan

witnesses generally sit in the body of the court watching the case until they are called. court sessions generally end about 4 pm. There is no witness room. Go to the courts in some days advance and sit in on some cases and you will see what happens.

MagicSean

The best person to talk to would be the person who summonsed you. If you are a prosecution witness then speak to the Garda, if you are a defence witness speak to his solicitor. See if they can find out if you will be needed and if so when.

Witnesses usually wait in the court room or outside. You cannot use a phone in court or eat or drink in there. Court will break for lunch and you can do what you want in that time.

abcd12345

Thanks for that information. I didn't realsie I would be in the court itself (I thought they would keep witneesses seperate so as not to be able to hear the other witneesses evidence).

endacl

Address the judge. It's they that your speaking to. Other professionals involved may try to get you flustered or trip you up. That's their job, and they're well used to the setting. Tell the truth, and tell it to the judge.

No expertise here, but the OH may be in a similar position soon, and this was the advice from friends in the legal line, both guards and barristers.
Good luck with it.

AvaKinder

Depending on the type of case you may have to just wait outside. i.e. sexual assault/rape cases are generally held in camera. Are you up in the CCJ on Parkgate Street? You can bring food in there but no liquids but they have a restaurant you can get drinks in.

You can bring your phone into the building and make and recieve calls there just not in the actual courtroom.

abcd12345

Yes - its Parkgate street, the new place up by the Phoenix Park.

coylemj

If you're a prosecution witness then you've already given a statement to the Gardai and this will be included in the 'Book of Evidence', a bound document containing the details of the charges and a copy of all of the prosecution witnesses statements. The prosecution and defence counsel (barristers) will both have this document in front of them. The prosecution case is heard first so you will be called relatively early in the case and the prosecution counsel will ask you questions based on the statement you've already given i.e. he knows what you are prepared to say as a witness and will gently lead you along.

You will then be cross-examined by the defence and how this goes depends on the type of evidence you are giving but this will be less friendly that the treatment you'll have gotten from the prosecution counsel. If you are an eye witness, the defence may suggest that you had poor eyesight or the lighting was poor and maybe you were mistaken etc. Typically only highly technical evidence (e.g. the result of a post mortem) goes unchallenged so expect some kind of grilling from the other side.

It's important to speak clearly and slowly (there will be a shorthand writer taking down everything you say), address your answers to the judge and (most important), no wisecracks - the last thing they want in a court case is a comedian! Try not to make deliberate eye contact with the jury.

If you are a defence witness, you will not be called until after all of the prosecution witnesses have given evidence so you may be sitting there for a while before you are called. Depending on how many witnesses there are, you might not be called until the second or third day of the trial. Any of the Gardai in the courtroom to give evidence will be able to give you an estimate of how long the case will last.

If the accused pleads guilty on the day, it's very unlikely that you will be called, except possibly to make a victim impact statement if appropriate.

Victor

If you want something to read, avoid newspapers - bring a book.

Do not use a camera in the court precincts.