What is a witness?
A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence, the witness promises to tell the truth.
How will I know if I have to give evidence in court?
You will receive a subpoena from the court. A subpoena is a court order that tells you which court to go to and when you have to be there. It will also tell you who asked you to come to court.The Crown prosecutor and defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness. At this stage, you do not have to answer their questions unless you want to. However, if either lawyer subpoenas you as a witness, you must go to the court to tell the judge what you know about the case.
Usually, a police officer will personally give you a subpoena, but sometimes the officer will leave it with another adult to give to you.
What should I do if I get a subpoena?
You should arrange for time off work so you can go to court. Look at the subpoena to find out which lawyer has asked you to testify. It is a good idea to contact the lawyer a few days before the court date, just to make sure that the trial is still going ahead.
What can I do to get ready to testify?
A few days before you go to court to testify, take some time to think about what happened during and right after the offense. Try to remember details, like:
• what day and time it was;
• who else was there;
• who you talked to;
• how far away you were when it happened; and
• anything else that might be important.
If you made notes when the crime happened, you may be allowed to take these into court with you. Ask the lawyer handling the case if this is allowed. If you signed a witness statement when the police investigated the offense, a Crown witness assistant may review this with you.
Be sure that your memory is based on what you actually saw and heard and not based on what you think probably happened. If you have already testified at the preliminary hearing, you may read the court record of your testimony. This is called the transcript.
What if someone tries to make me change my story?
Tell the Crown attorney or the police right away. If you are a witness for the defense, tell the defense lawyer. It is against the law for anyone to harass or attempt to influence a witness. Anyone who does so could face a penalty of up to 10 years in jail.
What about children and other vulnerable witnesses?
The judge may make it easier for some witnesses to testify – for example, he or she may provide a witness screen or a support person. A witness screen hides the witness from the accused person. This is often allowed for child witnesses. A support person sits beside the witness to offer emotional support, but does not interfere with the testimony in any way. Talk to the lawyer who subpoenaed you if you think you need a witness screen or support person.
A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence, the witness promises to tell the truth.
How will I know if I have to give evidence in court?
You will receive a subpoena from the court. A subpoena is a court order that tells you which court to go to and when you have to be there. It will also tell you who asked you to come to court.The Crown prosecutor and defense lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness. At this stage, you do not have to answer their questions unless you want to. However, if either lawyer subpoenas you as a witness, you must go to the court to tell the judge what you know about the case.
Usually, a police officer will personally give you a subpoena, but sometimes the officer will leave it with another adult to give to you.
What should I do if I get a subpoena?
You should arrange for time off work so you can go to court. Look at the subpoena to find out which lawyer has asked you to testify. It is a good idea to contact the lawyer a few days before the court date, just to make sure that the trial is still going ahead.
What can I do to get ready to testify?
A few days before you go to court to testify, take some time to think about what happened during and right after the offense. Try to remember details, like:
• what day and time it was;
• who else was there;
• who you talked to;
• how far away you were when it happened; and
• anything else that might be important.
If you made notes when the crime happened, you may be allowed to take these into court with you. Ask the lawyer handling the case if this is allowed. If you signed a witness statement when the police investigated the offense, a Crown witness assistant may review this with you.
Be sure that your memory is based on what you actually saw and heard and not based on what you think probably happened. If you have already testified at the preliminary hearing, you may read the court record of your testimony. This is called the transcript.
What if someone tries to make me change my story?
Tell the Crown attorney or the police right away. If you are a witness for the defense, tell the defense lawyer. It is against the law for anyone to harass or attempt to influence a witness. Anyone who does so could face a penalty of up to 10 years in jail.
What about children and other vulnerable witnesses?
The judge may make it easier for some witnesses to testify – for example, he or she may provide a witness screen or a support person. A witness screen hides the witness from the accused person. This is often allowed for child witnesses. A support person sits beside the witness to offer emotional support, but does not interfere with the testimony in any way. Talk to the lawyer who subpoenaed you if you think you need a witness screen or support person.