Giving evidence in court

Victims may have to give evidence

A victim may be asked to give evidence in court as a witness.

If you have been given a subpoena to attend court and you have questions about the evidence you will be asked to give, you should contact the party who has issued the subpoena.

A person who has been issued a subpoena to attend court must comply. Witnesses may be issued with a warrant for their arrest if they do not attend.

Preparing to give evidence

If you have been asked to appear to give evidence, there are a few things you can do to prepare yourself:

• plan getting to court
• read about what to expect at court
• find out more about support services for witnesses

Swearing an oath or affirmation

Witness are asked to promise that they will tell the truth in court by taking an oath or affirmation.

If you are not religious, you will make an affirmation.

If you are religious, you will be asked to hold a religious book such as the Bible or Koran while promising to tell the truth.

Giving evidence

A witness will be called to the witness box at the front of the courtroom.

You will need to answer questions asked from each party and sometimes the judge.

You will speak into a microphone so that everyone in the courtroom can hear you.

Vulnerable witnesses may appear in court via closed circuit television (CCTV) from a remote witness room.

Changes for domestic violence cases

• If you are a victim of domestic violence (also known as DV or family violence), you can now request that the court is closed to the public when you are giving evidence.
• You can ask to give evidence via audiovisual link (AVL) in a remote witness room if you wish to do so.
• The court may ask that the trial is held virtually, by AVL or other similar forms of technology, meaning that you do not physically need to attend court if this occurs.
• The defendant cannot directly ask you questions if they are self-representing in court. Only a person that is selected by the court may ask you questions directly.