Help for tamariki and taitamariki – children and young people

Going to court as a witness is a big deal and not just if you are young. It is a big deal even to adults! Knowing about what you will be doing can make being a witness a lot easier. So let’s find out…

About being a witness

What is a witness?

A witness is a person who has seen something or knows something about someone else who may have broken the law. Breaking the law is called an offence. At court you get to tell a judge or a group of people called a jury about what you know so they can decide whether that person (the defendant or accused) has broken the law.

What is a victim?

A victim or complainant is the person who has told the police about something that has happened to them. The victim may be a witness and have to give evidence. Other witnesses who are not victims - people who have only seen the offence or know something about it - are also asked to tell what happened to help the judge or jury make their decision.

Why do I have to go to court?

You will only have to go to court if the judge or jury need to hear from you about what happened.

What do I have to do?

The judge or jury needs to hear what happened in your own words (your evidence). Two people get to ask you questions as you give your evidence - the police’s lawyer (the prosecutor) and the defendant’s lawyer. The judge may also ask you questions. They may also hear the evidence of other witnesses.

If you have done a video interview and it is shown to the court then you may not have to repeat your evidence again, but you will need to be there to answer questions in your own words.

Can I tell anyone about what I’m going to say?

It is okay for you tell your parents or carer, family or whānau about what you saw or know. But it is not okay for anyone to tell you what to say or ask you to change what you say.

If that does happen you need to tell the police officer or the Victim Adviser. The court wants to hear what you saw or what happened to you in your own words.

About being in court

When will I have to go to court?

The courts are very busy so it might be a long time before you go there. The police will tell you the date you have to go to court.

The court decides whether the defendant is allowed to be free while waiting for the trial. This is called bail. If you are worried that you are going to see the defendant, tell your parents or carer, or someone you trust.

How can I find out about court?

Around three weeks before you have to go to court, you can meet with a Victim Adviser who will give you lots of information on things like:

• where to go
• what happens inside the courtroom
• who all the people are and what they do
• what you will be asked to do.

The Victim Adviser will also:

• show you around the courtroom so you know what it looks like
• show you a video and give you some books that will help you
• give you helpful advice about how to get ready to do your job as a witness.

The Victim Adviser and the police are there to help you understand all you need to know about what you have to do at court. If you have any questions - at any time - make sure you, or your parents or carer ask them.

Do I have to give my evidence in front of everyone?

You might not have to. The judge decides which way you have to give your evidence after the police have talked to your parents or carer, family or whānau about the way you would like to give your evidence.

You might be able to give your evidence and answer the lawyers’ questions in a completely different room. In this room you will be seated in front of a video camera and TV. You will see only the judge and the lawyers on the TV and they will be able to see you.

The judge might need you to sit in the courtroom but may let you have a screen so you can’t see the defendant.

Will I be by myself?

You may have an adult who is not another witness – like Mum or Dad, or an aunty or uncle - sit with you when you give your evidence. You are not allowed to talk with them or touch them when you give your evidence but they can be close by. If you want to have someone sit with you, make sure you tell your parents or carer so they can ask the police.

Can anything stop the court case happening?

Yes. Before the court case, sometimes the defendant may decide to plead guilty – to say that, yes, they did break the law. This means you will not have to give evidence in court.

If this happens you may feel happy. Or you might feel disappointed or angry that you didn’t get to tell what happened. But if you are a victim, you do still get to tell the judge about how what happened affected you in a Victim Impact Statement. Usually the police, social worker or counsellor will ask you questions and will write the statement. They may also ask your parents or carer, family or whānau questions.

How does the court case end?

After all the witnesses have given their evidence the judge or the jury has to decide whether the evidence has shown that there is no doubt that the defendant has broken the law. If they cannot decide this the defendant is found not guilty and gets to go free. Sometimes the jury can’t agree on whether the defendant is guilty or not, and there has to be another trial.

If the judge or jury decide the defendant has broken the law, another meeting called a sentencing hearing has to be held. At this hearing the judge tells the defendant what their sentence will be – like paying a fine, or going to prison for a time.

How you are feeling

Being a witness may feel scary. But it is a very important job. You will probably have all sorts of feelings before, during and after the court case.

If you feel scared, worried or upset at any time, tell your Mum, Dad, or someone else you trust. Talk to them about why you are feeling that way.

If you have any questions about what you have to do, ask your parents or carers. If they don’t know the answer they will know who to ask – like the police or the Victim Adviser.

You might think you will shock your parents or carers by talking about your feelings. And sometimes parents, carers, family and whānau seem very busy. But make sure you talk to them or someone else you trust about how you are feeling.

They will want to help you!

It may be that you need to talk to a counsellor - someone who is specially trained to talk to young people. If you’d like to talk to a counsellor, tell your parents or carer, or someone you trust so they can arrange it. This is especially important if you are feeling upset, down or angry at the end of the court case.

Who to call

The Victim Advisor and the police are there to help you understand all you need to know about what you have to do at court. If you have any questions – at any time – make sure you or your parents or carer ask them.

Courts 129
June 2004