Giving Evidence

At some stage in your life, you may need to go to court to give evidence as a witness.

A witness may be a victim of a crime. They may be a person making a complaint or a claim about a civil matter (the plaintiff). Accused people and people who have a claim made against them in a civil case can also give evidence. Other people who have direct information about a crime or a civil matter may also be called as witnesses.

Witnesses can be asked to attend court by either the prosecution or the defence side of a matter. Expert witnesses are also engaged from time to time to give their specialist opinion.

What will happen

If you are required to give evidence in court, you will be advised or sent a letter (a 'subpoena' or a 'witness summons') telling you when and where to go.

At a court hearing, when it is your turn, your name will be called and you will be shown to the witness box at the front of the courtroom. A court officer will ask you whether you wish to swear a religious oath to tell the truth or to make a non-religious affirmation. An oath taken by a witness can refer to the specific religious beliefs of the witness and may be sworn on an appropriate text.

You may be asked questions by the legal representative of both the plaintiff/prosecution side and the respondent/accused person's side. In some cases, the person involved in the crime or civil matter may be representing themselves and will ask the questions.

The judge or magistrate may also ask you questions about your evidence.

As a witness, once you are excused from the court you are free to leave.

Things to remember

When giving evidence it is important that, before you go to court, you find out as much as you can about what will happen on the day.

When giving evidence, take your time, remain calm and speak clearly. If you don't understand a question or you did not hear the question properly, ask for it to be repeated. If you feel upset or distressed, pause, take some deep breaths, or have a drink of water, and relax. Continue only when you are ready.

Many of the Victorian courts and tribunals have information on their websites to help people understand and prepare for what will happen on the day in court or at a tribunal hearing. For example, the Magistrates' Court has a virtual tour to show you where you’ll sit and where other people will sit in the room. There are also support services available through the courts.

Evidence from vulnerable witnesses and victims

Generally, a victim or witness will give evidence in the courtroom itself. However, under the Criminal Procedure Act 2009, special provisions may be available for particularly vulnerable witnesses. This includes children and people with a cognitive impairment. If this applies to you, special provisions may include:

• having a friend or relative in court while you give evidence, provided that this support person is not also appearing as a witness
• having a screen in the court, so you do not have to see the accused person while you give evidence
• having the court closed to the public while you give evidence
• giving your evidence on closed circuit television.

Vulnerable witnesses can ask the prosecutor to apply to the court to give evidence using these special provisions. It is up to the judge to decide whether to grant permission to use them.

Some evidence is not heard by the court until an accused person is found guilty, for example victim impact statements. There is more information about victim impact statements in the Victimssection of this site.

Contacts

Court Network
State-wide Court Network Telephone and Referral Service - open between 9.00am and 5.00pm every weekday.
Tel: 03 9603 7433 or
Tel: (toll free) 1800 681 614

Witness Assistance Service
If the court case is being prosecuted by the Office of Public Prosecutions
Tel: 03 9603 7523 or 03 9603 7422 or
Tel: (toll free)1800 641 927

Victims Assistance and Counselling Program
Victims of Crime Helpline: 1800 819 817