What Happens Next?

A young person's guide to being a witness

Dear Young Person

This is a book for you that explains all about going to court and being a witness.

Have you told someone about what happened to you? Or what you saw happen to someone else?

Have the Police arrested an adult who you said hurt you? Or somebody else?

If you have, you may have to go to court and tell other people there what happened.

This is what is called being a witness.

A witness is someone who has seen something important or knows about something that happened.

Lots of young people go to court as witnesses.

It's not an easy thing to do for the first time. You will feel better about going to court if you know what to expect before you get there.

The Victim Adviser, Police Officer in Charge, your parents/carers, therapist or counsellor will make sure you know what to do by reading this book with you. They can also explain any bits you don't understand.

This book belongs to:

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The people who can help me are:

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A court is the place where it is decided if people have broken the law or rules

You will only have to go to court if the accused or defendant (the person the Police say has broken the law) says they did not do what you or the Police say they did. This is called a not guilty plea or defended hearing (a trial).

There are a few things you will need to know if you are going to court because it is a place where mostly adults go. It is a very big place and can be a bit scary or confusing for young people (and some adults).

If you know some things about the court, like how it works, who will be there and what everyone's job is, then it helps a lot.

When you go to court

The Police Officer in Charge of the case will tell you and your parents/carers what day and time you need to go to the court.

It might be a long time after the Police arrest the person they say has broken the law before you go to court.

The courts are very busy. Everyone has to wait until there is time for their case to be listened to.

You will either go to a District Court or a High Court.

These are usually big buildings with lots of rooms and a lot of people who look very serious and busy.

The people you choose to go to court with you (as well as your support person) will be able to sit with you in a room at the court while you wait to have your turn to talk.

The Victim Adviser, Police Officer in Charge or counsellor will take you to see the court before the day you have to be a witness so you can see what it looks like.

The courtroom will look really big and empty, and you might find it hard to imagine how many people will actually be there on the day and where they will all sit.

You might get worried or nervous and think that you do not want to go or you might think "Wow this is cool" - and not worry at all.

Who will be there?

So let's make a list of all the people who will be in the court to listen to the case, and what their job in court is.

The Judge

The judge is the boss and is in charge. They make sure everyone does their job properly. The judge will talk to everyone, including you. The judge always wears a black robe, like a cape, over their clothes. The judge sits at the front of the court. The judge is sometimes the one who decides if the laws have been broken after they have listened to everyone have their say.

The Prosecutor

The prosecutor is the lawyer for the Police. This person can be the Crown prosecutor or the Police prosecutor. In this book we will call them both the prosecutor. The prosecutor's job is to talk about the case and ask people questions about what happened. The prosecutor will be the first lawyer to ask you questions

The Defence Lawyer

The defence lawyer is the accused person's lawyer. The defence lawyer's job is to help the person who the Police say did something wrong. This lawyer will also ask lots of questions about what happened. This lawyer needs to hear all the pieces of your story.

Both lawyers have to stand behind their benches when they ask you questions.

In the High Court the defence lawyer and the prosecutor wear black robes a bit like the judge's. Sometimes lawyers are also called counsel.

The Jury

The jury is made up of twelve adults who you will not know. They will decide whether the accused has broken the law.

The people in the jury will sit and listen very carefully to all the witnesses. At the end of the trial, when all the people have had their turn, the jury go to a special room called the ' jury room' and have a meeting together to decide whether the accused has broken the law. Then they will come back to the courtroom and tell the judge what they have decided. This is called the verdict.

If there is no jury for your case, then the judge will decide whether the accused has broken the law.

The Witness (This is you)

A witness is a person who, like you, is asked to come to court to tell what they know. This helps the judge or the jury to make their decision. They have to know everything. It is like a jigsaw filled with all the pieces of everyone's story and no bits missing. So try not to leave anything out.

At the beginning, each witness promises to tell the truth. The job of the witness is to answer any questions the lawyers or the judge ask. A witness needs to listen carefully and answer the questions clearly and truthfully.

Remember you are not there because you've done something wrong. You are there to tell the truth about that you know.

The Witness' Support Person

The support person is an adult who is not a witness.

Your support person is someone you know who has been chosen to sit with you when you give your evidence.

The Accused or Defendant

These are names for the person you told the Police or the interviewer about. This is the person you said did something to you or someone else. This is the person the Police arrested. In this book we will call this person the accused.

The accused is not allowed to ask you any questions or come near you in court.

The accused sits in the courtroom and listens to everything. The accused is not allowed to say anything until later in the trial. If they do say anything without being asked, the judge will tell them off.

The accused will not be allowed to talk to you and you probably won't see them at all.

Prison Officer or Prisoner's Escort

This person sits beside the accused and looks after them. When the accused goes for morning tea or lunch the prison officer goes with them to make sure they stay in the court building and do not talk to any witnesses.

Let's list some of the people who might come to court to be a witness

Police Officer
Your mother
Other family members
Doctor
Video Unit Interviewer
The person you first told about what happened
Anyone who saw what happened
Anyone who knows anything helpful

Answer the questions clearly and truthfully. Speak loudly if you can.

The judge, the jury and the lawyers have to listen to the witnesses. All the witnesses have to take their turn, and you might have to wait a long time before you get your turn. It can be a very long day of waiting.

You might see someone you know at the court who is going to be a witness too. You can say hello, but you are not allowed to talk to each other until you have both had your turn.

People sometimes get a bit grumpy and nervous when they have to wait for ages, so it is good to take some things to do while you wait. You could bring colouring books and pens, cards, books to read, puzzles or a walkman. You could also take some juice and something nice to eat in case you get hungry. Wear comfortable clothes.

Feelings in Court

When you are a witness you are asked a lot of questions by lawyers. Some of these may be difficult or make you feel confused.

If you get confused, or you don't understand something, say so. If you do not remember things, say to the lawyer that you do not remember.

Speak loudly if you can and try not to get embarrassed. The people in court have heard lots of things that are not nice or are scary. They are adults and can handle it. Do not worry about having to say bad words, swear words, sad words or silly words, or if you cry.

Tell the court all the pieces of the story even if it's been a secret.

Now, the are a few other people in the court who can help too.

The Court Reporter

The court reporter may be sitting by the judge, or in another room. This person types the evidence on a computer. This is so the judge and lawyers can read it again later to make sure they haven't missed anything and to keep a record of everything that is said in court.

The Registrar

This is the person who sits in front of the judge and writes down what happens in the courtroom.

Court Clerk or Crier

This person calls out the names of the witnesses and hands things to the judge and other people in the court.

The Court Police or Security Officer

They stand at the door of the court. They make sure the court is a safe place. They keep order, keep people quiet, let people know when it is their turn to be a witness and look after the jurors. They usually wear a uniform so it's easy to tell who they are.

Telling your story

Wow! you might be thinking - what a lot of people! It may seem like heaps, but it is very important to have all those adults listen to what you and the other witnesses say the accused did. When adults go to court to be witnesses they have all those people there too.

Different ways of giving evidence (modes)

Before you go to court you will be told how you will give your evidence.

It may be in the witness box, or in the witness box with screens or by closed circuit TV. You may already have given some evidence on a video and this may be shown to the court. The judge is the person who, at a special meeting before the trial, decides how your evidence will be given.

Witness Box and Screens

If you go into the courtroom, you will sit in the witness box and talk into a microphone. Everybody needs to be able to hear you. In the witness box you concentrate, listen carefully and look at the lawyer asking the questions.

If you do have to sit in the witness box there may be a screen in front of you or the accused, so that you do not have to see the accused.

If you go into the courtroom to give evidence you can have your support person sit behind you.

The judge will make sure that only court people, or people that they allow, listen to your evidence. Not just anyone is allowed to be in the courtroom.

Closed Circuit TV

Remember though, some children do not have to go into the courtroom at all. If you have already talked about what happened to you and this was videoed, then you may be asked to sit in another room and answer questions through a special closed circuit TV. Everyone in court will see you on the TV screen and hear your answers but you will only see the judge or lawyer who is asking the question. You will not see the accused.

You will have a court person in the room with you as well as your chosen support person.

The two people in the room with you are not allowed to say anything. Only you can answer the judge's and lawyers' questions.

Giving your evidence

So ... let's go through what will happen in court. You might be taken to a room in the court building; the closed circuit TV room or you might sit in court in the witness box (make sure you go to the toilet first).

If you are in the closed circuit TV room you will need to sit in front of the TV monitor and get comfortable and ready.

If you are in the witness box there might be screens placed so that you can't see the accused.

First of all the judge will say hello and introduce themselves. Then the judge will ask you some questions about telling the truth. They will ask you to promise to tell the truth. If the video you made is going to be used this is the part where the court and you will watch it.

Next the prosecutor (the Police lawyer) will have a turn at asking you questions. Then it is the defence lawyer's turn. Sometimes they have more than one turn each and sometimes the judge might ask a question too. If you are in the closed circuit TV room the only person you will be able to see on the TV screen is the one asking the questions.

Answering questions can make you very tired. Just remember, this is the time when you will be able to talk about what happened. Your job is to listen carefully and answer the questions as best and as truthfully as you can.

If you feel unhappy, confused or tired, or if anything happens you don't understand, tell the judge.

When you have finished your turn

You and your support person can go back to the room you waited in before. You can play or draw or read or just have a rest until the person who brought you to court takes you home.

If there are other witnesses in the trial, then the judge and jury still have to hear what they have to say. Sometimes it takes a few days for all the witnesses to be heard.

After all the witnesses have had their turn, the next thing that happens is that the prosecution lawyer, the defence lawyer and the judge all have a turn talking to the jury.

After all that, the jury goes into their special room, the jury room.

The job of the jury is to decide if the law has been broken. They listen and watch all the witnesses very carefully. At the end of the trial the jurors meet in the jury room and decide the verdict.

Each of the twelve people in the jury has to agree about whether or not the accused has broken the law.

Sometimes in the District Court there is no jury and the judge alone will decide the verdict.

The jury or judge can decide that:

the accused is guilty

the accused is not guilty

they cannot decide whether the accused is guilty or not guilty (no verdict).

Verdict of Guilty

This means the jury or judge is sure that the accused has broken the law.

Verdict of Not Guilty

This means the jury or judge is not sure that the accused has broken the law.

No Verdict

This means that the jury has not been able to agree on whether the accused is guilty or not guilty. If this happens another trial might be held, and you might be asked to give evidence again.

The Sentence

If the jury or judge decides the accused has broken the law, then it is the judge's job to say what will happen to the accused. This is called the sentence.

It will be a few weeks after the trial before you find out what sort of sentence the judge has decided on. The judge might send the accused to do some work that they won't be paid for, make them pay money (a fine), send them to counselling or send them to jail.

The judge will tell the lawyers what day to come back to court with the accused so they can tell them what the sentence will be. You do not have to go to court on this day unless you want to.

So ... that is a lot to know about going to court and being a witness, but all of it is important stuff to know. You might think it is all a bit confusing and you might still have lots of questions. That is OK.

If you have any worries or questions, it is best to ask the Victim Adviser or Police Officer in Charge of the case or the prosecutor. You could also get a grownup you feel good about to go through this book with you again and go over the hard parts. Try using the activity book also to help you understand about court.

At the back of this book is a list of words you will hear the adults use around the court. If someone does say a word you do not understand, then ask them to explain it to you.

After your court day

When you have finished your witness job the Victim Adviser will make sure that someone explains to you about the verdict and sentence and talks to you about how you are feeling.

It's important that you can talk to your parents/carers, therapist or counsellor about any feelings you have, whatever they are.

You might have lots of different feelings or worries about being a witness

You could feel nervous, embarrassed, upset or scared.

Or you could feel confident and OK.

Whatever your feelings or worries are, ask someone you trust to listen and help you.

You have probably seen court and lawyers on television programmes. Usually what you will see is what happens in American courts. New Zealand courts and lawyers are different from the ones in America, so what you see on TV is not always what happens here.

Lots of children and young people have been to court and been a witness. It is a hard thing to do sometimes. You will feel better if you can talk about it all with other adults or your friends.

It is important to share and talk about your feelings.

Nobody should tell you what to say in court though. The people in court want to hear what happened in your own words.

Do not be scared to ask questions before you go to court. The adults have asked you lots of questions already and they will ask you more in court. It is only fair that you can ask them questions and stuff too.

What some other young people have said about being a witness in court

When I found out I was going to court I was really worried. I thought I had done something wrong, but I got told I was the only one who could tell, and that made me feel better.
Finally we found out what day I was going to court, I found it hard to do my schoolwork and stuff, I think it was because I was so scared. I don't know why I was scared.
The Victim Adviser really helped me to understand what would happen in court so I didn't feel quite so nervous.
Some of my whānau helped me colour in the pictures in my book, and it looks really cool. It helped me understand what being a witness meant.
The video was neat. I knew exactly what to take to court with me and what to expect.
I didn't feel so weird about going to court after I found out that lots of other kids have to be witnesses in court too.
I think I did a good job being a witness even though I was nervous, and I had to wait for ages.
When all the court stuff was finished the Victim Adviser made sure I knew all about what the judge had said was going to happen to the accused, and checked how I was feeling.
After it was all over we went to a counsellor. It was really good to tell her about what it was like and how I felt.

Belinda's Story

Making my video statement

When I went to the video unit I was very nervous. We walked in and I felt a bit better when I saw how bright and colourful it was there. I was told exactly what would happen and I met all the people. They were really friendly and nice.

The interviewer and I went into a room that had a small video camera in it, and the Policewoman went into another room where she could see us on a TV monitor. When we were ready she started the video.

First of all the interviewer asked me some things to make sure I really understood about telling the truth. Then she asked questions about what had happened to me. I was allowed to colour in while we talked, and that made it quite easy to talk and answer the questions. I was surprised how much I could remember. Before I knew it, it was finished. There is no need to be scared when you make a video.

Six weeks later the offender was arrested, and pleaded guilty.

I will never forget this experience but I don't think about it much any more... What helped a lot was going to therapy and being in a girls' support group.

Remember these things: These can be your rules in court

Listen carefully
Tell the truth
Take your time answering questions
Don't guess or make up answers

If there is something you forgot to say, tell the judge
If you made a mistake, tell the judge
It's ok to say "I don't know" or "I don't understand" or "I can't remember"
Always ask the judge if you need help in court

I hope that this book has helped you to understand what happens in court and how you might feel. Colour in the pictures in the book, talk to friends, grownups, counsellors or therapists.

The 'Courtwise' activity book has more ideas and helpful information, or watch the video 'Kids in Court'.

List of Adult court words

Arrest

When someone is taken by the Police and is charged with breaking the law.

Accused or Defendant

The person who you said hurt you or did something to you or someone else. The person that the Police say broke the law.

Acquittal

When the court finds the accused is not guilty.

Adjournment or Recess

Morning tea, lunch break, if anyone needs a rest or the lawyers need to talk privately to the judge.

Affirm

Promise in court to tell the truth (instead of the oath which is promising on the Bible).

Bail

What the judge decides the accused must do while waiting for the court day (trial). Being on bail means the accused is not in prison while they wait for the trial.

Charge

When arrested the accused is charged. They are told what law the Police think they have broken.

Closed Court

When the judge decides who can stay in the courtroom. Your support person will still be allowed to stay in court with you. Not just anyone is allowed to be in the courtroom.

Community Work

Is a court sentence or punishment where the person found guilty has to do so many hours of unpaid work for a community group.

Courtroom

The room where everyone sits at the trial.

Closed Circuit TV Monitor

A special video camera and a TV monitor which carries your voice and picture into the courtroom.

Complainant or Victim

The person who the crime was done to. Witnesses are also sometimes complainants.

Cross-examination

When the defence lawyer asks you questions in court.

Defence Lawyer

The lawyer who helps the accused.

Depositions Hearing

This is when the Police have to show the judge that there is enough evidence to put the accused on trial. Usually young witnesses do not go to this hearing.

Evidence

All the things that people say about the case in the courtroom. All the pieces of the story.

Expert Witness

A person who didn't see or hear what happened but tells the court special or technical information, eg. a doctor or psychiatrist or psychologist.

Examination in Chief

When the prosecutor gets you to give your evidence.

Fine

When the judge decides the accused has to pay money for breaking the law.

Foreman

A member of the jury who tells the judge what the jury decides.

Friend of the Court

A person who helps people at the court, eg, shows where the toilets are, where to sit, etc.

Guilty Plea

When the accused admits they broke the law.

Hung Jury

Where the jury cannot decide if the accused is guilty (same as no verdict).

In Chambers

This is the judge's office. Sometimes if the judge wants to talk only to the lawyers, the judge will meet them in chambers.

Jury

A group of twelve people (jurors) who listen to the evidence and decide if the accused is guilty or not guilty (the verdict).

Jury Room

The room where the twelve jurors have their meeting to discuss and decide whether the accused is guilty or not guilty (the verdict).

Laws

The rules made by adults who meet in Parliament and which everybody in New Zealand must obey. Laws are important rules. They tell us not to steal or hurt other people. When someone does not follow these rules it is called breaking the law.

Legal Argument

When the lawyers have arguments about the rules of the court.

Mode of Evidence

The way in which you are to give your evidence. By video, or closed circuit TV, or in the witness box with or without a screen.

Not Guilty Plea

When the accused says they did not break the law.

Oath

When a person puts their hand on the Bible and promises to tell the truth.

Offence

Something that is against the law. Offence is another word for crime.

Probation Officer

Someone who works for the Department of Corrections who will talk to the accused and write a probation report.

Probation Report or Pre-sentence Report

A report written by a Probation Officer for the judge saying what they think the punishment should be.

Prosecutor

The lawyer for the Police.

Sentence

The court's punishment, eg. sentenced to five years jail, or sentenced to 200 hours community work, or sentenced to pay a fine of $1000. The judge decides what the sentence is.

Summary Jurisdiction

A case in the District Court where the judge decides alone whether the law has been broken. In this case there is no jury.

Support Person

The witness' support person comes with a child or young person when they are a witness in court. They must be an adult who is not a witness in the case.

Trial or Defended Hearing

The time at court when everyone has their say and at the end the judge or jury decides the verdict.

Video Statement or Video Evidence

What you said on video to the interviewer. If you made a video before you went to court this is called a video statement or video evidence.

Verdict of Guilty

When the jury or judge is sure the law has been broken.

Verdict of Not Guilty

When the jury or judge believes that the law has not been broken or are not sure if the law has been broken.

Victim Adviser

The person at the court who helps and gives information to you and your family about court.

Victim Impact Statement

A report written by the Police that tells the judge how the victim was affected by what the accused did.

Witness Brief

Written by a lawyer about what the witness said in their statement or video. Before the trial the lawyer will talk to the witness about what is written in the brief. This will help the witness to remember what they said before.

Written Statement

A statement or complaint a person makes to the Police. The Police write down what the person says. They type it up, then the person checks and signs each page to make sure it is correct and true.

Courts 124
Nov 2003