Attending a criminal trial can be an unfamiliar and stressful experience. It can also be more difficult if the accused is someone you know.

If you are required to give evidence at trial, it is important that you - and those around you - allow enough time to prepare in a way that suits you.

The following tips are a general guide only - if you have more specific questions, raise them with either:

  • the Investigating Officer
  • ODPP Prosecutor
  • Witness Assistance Officer (if one has been allocated to you).

  • Advise your employer (or other relevant persons) well in advance of the days that you may be absent from work (you may consider how much information you want to provide).
  • You can ask the Investigating Officer or ODPP staff to give you a letter that you can provide to your employer (or other relevant persons) detailing the time away from work you will require.
  • Make sure you have completed a Court Tour before the trial and you have discussed special provisions for giving evidence with the ODPP Prosecutor or Witness Assistance Officer (where these are available to you).
  • Take time to raise relevant questions or concerns with the Investigation Officer or ODPP staff well in advance.

  • Dress comfortably and appropriately - neat and casual is best.
  • Have a good breakfast and prepare some snacks to bring with you in case you are required for longer than expected.
  • Read through your Affidavit(s) before the trial to refresh your memory of the offence(s).
  • Make sure you have appropriate child care arrangements in place if required (SAPOL, ODPP or Court Staff are not able to provide child care support).

Getting there

  • Make sure you know the address of the Court and exactly where it is located.
  • Have a suitable plan to get to the court - don’t leave this to the last minute.
  • Arrange to arrive at the court at the time you are given. Avoid rushing where you can.
  • If driving, plan where you might park in advance (there is plenty of secure (paid) parking close to the court).
  • Check timetables for trams, trains or buses and allow additional time should there be delays with public transport.
  • Arrange a support person to arrive and leave from the court with you (particularly if you are worried about seeing the accused).
  • Bring a book or magazine or something else to keep you occupied (in the event that you have to wait around longer than expected).
  • Make sure you take (or bring) required prescribed medications. It is not recommended that you cease taking prescription medications before trial (unless advised by your doctor or specialist).
  • Ask the Investigating Officer or ODPP staff about dealing with the media (if this is likely to occur).
  • Ensure that family members, counsellors and other support people know when you are giving evidence.

  • Make yourself known to the Sheriff’s Officers (in white) when you arrive.
  • Wait quietly in one of the designated Witness Waiting Areas.
  • If you can, try to remain calm while you are waiting.
  • Inform the Investigating Officer or relevant staff if you need to go outside the court building for a quick break whilst you wait.
  • Don’t ‘hang around’ the very front of the court building during breaks.
  • Make sure you know the length of morning, lunch and afternoon breaks and exactly when you are required to return.
  • Let relevant staff know if you are becoming anxious or distressed.

  • Remember that it is normal to feel apprehensive and nervous about court.
  • The Sheriff’s Officer will come and get you when you are required to enter the court.
  • If the Judge is already present (sitting at the ‘bench’), bow your head as you enter and leave the court room (this is a sign of respect).
  • When it is your turn to give evidence, the Sheriff’s Officer will lead you to the witness box and then the Judge’s Associate will ask you to state your name and swear on the Bible or Quran; or give an Affirmation (promise) to tell the truth. Then you can sit down.
  • If you are giving evidence from a separate room via CCTV, the Sheriff’s Officer will set up the relevant technology and let you know when the court is ready to begin. You will be asked to swear an oath or given an Affirmation to tell the truth (as above).
  • The Prosecutor from the ODPP will ask you questions first and assist you in telling the details of what happened. This is called “Examination In Chief”.
  • Following the ODPP Prosecutor, the Defence Lawyer will ask you questions about your evidence. This is called “Cross Examination”.
  • When you are under Cross Examination, the DPP Prosecutor is not allowed to speak with you during breaks (this is for legal reasons and they are not ignoring you).
  • Following “Cross Examination” the ODPP Prosecutor may ask you a few additional questions if required. This is called “Re-Examination”.
  • When giving evidence in court room remember to:
    • Tell the truth
    • Speak clearly and take your time (try not to speak too softly or quickly)
    • Speak to the Judge if he or she asks you a question
    • Refer to the Judge as “Your Honour”
    • Wait to be asked a question before you speak or respond
    • Avoid using gestures only in your responses (i.e. nodding, shrugging, pointing, etc)
    • Only answer the questions you have been asked
    • Say so if you do not understand a question asked of you
    • Say so if you do not know (or can’t remember) the answer to a question
    • State the facts, giving your opinion only when asked.
  • Remember that the Jury members do not know you and do not receive a copy of your Affidavit, so it is up to you to tell them what happened.
  • Court sessions are normally between 10am – 1pm and 2:15 – 4:30pm each day. The courts will generally break during these hours.
  • The same court should be used for each day of the trial; however, check with the Investigating Officer or ODPP staff about this if you are required to return the following day.