Let's Talk Court - A Young Person's Guide to Being a Witnesses

Chapter 1: What is this book about?

Chapter 2: Why do people go to court?

Chapter 3:Who are the people at court?

Chapter 4: How will I give evidence?

Chapter 5: Some extra ideas?

Chapter 6: Helpful contacts?

Chapter 1: What is this book about?

LETS TALK COURT is a book about what happens when you go to court. It is a book to help you if you are going to court as a 'complainant' (you have complained to the police about something that's happened to you), or you have told the police about something that has happened to someone else, or told them about anything else you know about.

If something has happened to you, or you've seen or heard something happen to someone else, you are called a 'witness'. You may know people who have gone to court as 'defendants'. A 'defendant' is someone who the police have accused of breaking the law. This book is not about going to court as a defendant.

If you're going to court as a complainant, read on to find out:

• why you're going to court
• what will happen before you go to court
• who will be at court
• what will happen at court and
• what will happen after you've been to court.

Your parents, mātua, family, whānau, friends or other supportive adults may want to read this book to understand what will happen when you go to court so they can help, tautoko you.

The people at court sometimes worry that what you say at court may be affected by what other people have said to you. You may feel better if you tell your friends or family, whānau what has happened but, if you want to talk more in depth about what happened, it's best if you talk to the police officer dealing with your case, the prosecutor or your counsellor. You can tell anyone who wants to talk about it with you, to talk to the police officer in charge of the case.

It is important you don't let anyone tell you what to say in court. You will be able to talk to the people who are close to you about everything, once you have been to court.

Lots of young people, rangatahi go to court as witnesses. It can take courage to go to court. It helps if you know what you will be asked to do, who will be there and how it all works.

We hope this book answers the questions you might have and helps give you the confidence to take this step.

Kia Kaha!

What's it like being in court?

"All I could think was, 'I don't want to see him'. The police were really good, they got screens and stuff for me. It was just scary wondering what was going to happen - the outcome.

I was really upset in court. I cried heaps, but I was myself and answered the questions how they were - how it happened in my mind. I had a good adult friend with me. The court attendant got a chair for me so she could sit right beside me. I could look at her but not talk to her.

I felt relieved I guess, after it - free. It just feels freeing you know, just to put everything behind you.

I am still relieved and free cos I went through the experience. It frees you in a way. You get to tell them how it was for you." T.

Chapter 2: Why do people go to court?

Our society has laws (rules) that say what people can and can't do. There are laws about not stealing, not harming other people, not taking drugs and so on. If someone breaks these rules, the police may 'charge' them. This means that the police accuse them of breaking a law and taken them to court. This is called a 'prosecution'.

The person charged with committing an offence is called the 'defendant' or the 'accused'. A 'defendant' or 'accused' goes to court and has a 'defended hearing' or a 'trial'. In this book, the word 'defendant' means a defendant and an accused.

In New Zealand people who are over 17 years old who are charged with committing an offence are dealt with in the District Court or High Court. Most defendants who are under 17 are dealt with in the Youth Court.

What happens at court?

At court a person called a judge listens to what everyone says about what happened and decides whether the defendant is guilty of the offence beyond reasonable doubt.

'Guilty beyond reasonable doubt' means that the judge is sure that the defendant committed the offence. He/she has to be sure, not 100% sure, but so sure, that there is no reasonable doubt that the defendant is guilty. A person cannot be convicted of a serious crime unless the judge is sure he/she did it. If there is a doubt, which is a reasonable one, then the judge will decide the defendant is not guilty. If the judge decides the defendant is guilty beyond reasonable doubt, the judge then decides what is to happen to the defendant (the sentence or punishment).

Sometimes there is also a jury at the court that decides whether the defendant is guilty beyond reasonable doubt, instead of the judge (a 'jury trial').

The jury is made up of 12 adults.

The judge still decides on the sentence. See chapter 3 for more information on judges and juries.

I have told the police about something that happened. Why am I going to court?

The police may want you to go to court as a 'witness' if you've told them about something that has happened to you or someone else. You will be going to court to tell a judge/jury what happened. This is called 'giving evidence'.

You may know someone who has gone to court and ended up in prison. He/she was a defendant. If you are a witness at court, you are not the person who is on trial and you can't go to prison. You're only there to help tell the judge/jury what happened.

Do I only go to court once?

Before you go to court for the trial you may have to go to court for a 'depositions hearing'. At the depositions hearing the judge (or two 'justices of the peace' (JPs)), listens to what everyone says happened (the evidence) and works out whether there is enough evidence for a trial, or if the case shouldn't go any further.

You don't usually have to go to the depositions hearing if you are a complainant in a case involving sexual assault. The police may need you to go to the depositions hearing if you are a witness who is not a complainant. The police might go to court before the depositions hearing for the 'pre-depositions hearing'. You will not have to go to this.

Will I always have to go to court if I am a witness?

No. If the defendant agrees that they have committed the offence (pleads guilty), you will not have to go to court. You also won't have to go to court if it's agreed that your written statement, video, or 'brief of evidence' (a document that contains the information from your statement/s) can be used as evidence without you needing to go to court.

Chapter 3: Who are the people at court?

1. The Judge

Is in charge of the court. They sit at the front of the court and make sure everyone is doing their job properly. The judge will listen to what everyone says about what has happened. If there is no jury, the judge will decide whether the defendant is guilty of committing the offence 'beyond reasonable doubt'. 'Guilty beyond reasonable doubt' means that the judge is sure that the defendant committed the offence (that there is no doubt, which is reasonable, that the defendant committed the offence).

The judge always decides what happens to the defendant if he/she is guilty beyond reasonable doubt (the sentence).

2. The Prosecutor

The prosecutor's job is to prove that the defendant committed the offence.

Their job is to ask all the witnesses to tell the court what happened. This includes what the witnesses heard, what the witnesses saw or what was done to them. The prosecutor questions you, the defendant and any other people who have anything to say about what happened. They will be the first person to ask you questions in court.

They may be:

A Crown Prosecutor

They will be a crown prosecutor if it's a jury trial. They are the police's lawyer and are often called 'crown counsel'. In this book they are called the 'crown lawyer'.

OR

A Police Prosecutor

They will be a police officer, instead of a crown lawyer, if it isn't a jury trial. They are often called the 'police prosecutor'.

In this book 'prosecutor' means both types of prosecutor.

3. The Defence Lawyer

Is the defendant's lawyer and is often called 'defence counsel'.

They run the defendant's response to the prosecutor's case in court. They will question you and other witnesses.

They may also question the defendant. The defence lawyer is the second person to ask you questions in court. They will probably test you by asking you questions that may suggest that you've forgotten something, made a mistake, confused something or that you've lied. See page 22 for more information on questioning. If there are a number of defendants they will probably each have a defence lawyer. Each defence lawyer may ask you questions.

4. The Jury

If it is a jury trial there will be a jury. The jury is made up of 12 adults ('jurors') you will not know. They are chosen at random and sit together at the side of the courtroom in the 'jury box'. If there is a jury, they watch and listen to everyone before deciding whether the defendant is guilty of committing the offence beyond reasonable doubt

5. The Defendant or Accused

Is the person who the police say has committed the offence. They may tell the judge/jury their side of the story about what happened. The prosecutor, defence lawyer and the judge may ask them questions about what happened. The judge/jury will decide whether or not the defendant is guilty of committing the offence beyond reasonable doubt after listening to all the evidence.

If it's decided that the defendant has committed the offence, the judge decides what their sentence will be. See page 23 for more information on what the judge may decide.

The defendant isn't allowed to speak to you or come near you while you're at court. They stay in the courtroom while everyone gives their evidence.

6. The Witnesses

This is you! Witnesses are the people who have seen or heard anything that will help the judge or jury decide what has happened. You may be a complainant who has told the police about something that the defendant did to you, or you may be a witness who has seen or heard something.

Anyone who knows anything about what happened may be a witness, such as parents, mātua, doctors, police officers, video unit interviewers, social workers, teachers, therapists or counsellors. The person who the complainant first told about a sexual assault, or a friend of the complainant, may also be witnesses.

The prosecutor, the defence lawyer and the judge will ask the witnesses questions about what happened. What they say helps the judge/jury decide whether or not the defendant is guilty of committing the offence beyond reasonable doubt.

You may be asked if you've talked to anybody else about the case. It is important that you haven't let anyone tell you what to say in court.

See chapter 1 for more information.

As a witness you only go into the courtroom when it's your turn to give evidence. You can stay in the courtroom after you've given evidence if you want to. You're not allowed to talk about what is said in court to other witnesses until after the case is completely finished

7. The Witness' Support Person

This is the person that the Judge usually lets you have with you if you are a witness in a sexual assault case.

If it's another type of case, you can ask the police if you can have a support person.

Your support person may be one of your parents or mātua, a member of your family or whānau, a counsellor, or friend. They must be an adult and can't be a witness in the case.

The judge decides where your support person sits. They usually sit beside or just behind you while you're giving your evidence. You are not allowed to have physical contact with your support person or talk to each other while you are giving evidence. If you have more support people, you will need to ask the police before you go to court whether your other support people can sit in the seats at the back of the courtroom while you give your evidence.

Other people who may be in the courtroom:

• Police Officer in charge of the case (O/C) - usually sits in court for some of the case and may talk with you and the prosecutor during the breaks.
• Victim Adviser (VA) - may sit in court for some of the case and help you or the people supporting you. You can ask them any questions you have about going to court. See chapter 6, helpful contacts? for their contact details.
• Registrar/Court Taker - sits in front of the judge. They ask people giving evidence to swear or state that they are telling the truth and are responsible for the paperwork.
• Court Attendant/Crier - calls out the names of the witnesses, and helps the jurors and members of the public. They look after the court papers, carry messages, hand things to the prosecutor, defence lawyer, witnesses and the defendant and let people know when it's their turn to give evidence.
• Court Security - often sits or stands at the door of the courtroom. They help keep order and make sure people keep quiet. They make sure the courtroom is safe.
• Court Orderly - may be a police officer in uniform and is usually in and out of the courtroom during the case.
• Security Officer - sits with the defendant in court if it's a jury trial. The security officer stays with the defendant while they are at court and makes sure that they don't leave the court and don't talk to the witnesses. In some places this person is a prison officer.
• Press - are reporters from newspapers, TV etc. They sometimes sit at the side of the courtroom and report on those things that happen in court that they are allowed to. If you're a complainant in a case about a sexual assault, they are not allowed to publish your name or any evidence that may identify you. In other cases, usually they can't publish this information if you're under 17 years old. You can't be identified on TV if you don't want to be, at any age.

• Court Reporter/Associate (Typist) - sometimes sits beside the judge or in another room and types up what everyone says (the record).

Chapter 4: How will I give evidence?

The ways you give evidence are called 'modes of evidence'. There are three ways you can give evidence: in the witness box, in the witness box behind a screen, or on closed circuit television.

1. In the Witness Box

You sit in the witness box at the front of the courtroom. Any support person sits beside or behind you. There is a microphone for you to speak into.

2. In the Witness Box

If the judge decides you should be protected by a screen, you sit in the witness box at the front of the courtroom with a screen between you and the defendant so you can't see the defendant. Any support person will usually sit beside or just behind you. There is a microphone for you to speak into. Sometimes the screen will be put in front of the defendant instead of you.

3. On Closed Circuit behind a screen Television (CCTV)

If the judge decides you should be protected by giving evidence by CCTV, you sit in a room near the courtroom in front of a TV screen, video camera and a microphone. Any support person sits beside or just behind you. A court attendant will be in the room with you. You will see the judge, prosecutor or defence lawyer on the TV screen asking you questions.

You speak into the microphone and answer their questions. Everyone in court will see you on a TV screen in the courtroom.

Can I give my evidence any way I want?

No. The judge decides what way you are going to give evidence at court. They decide this before you go to court after they have listened to what the prosecutor and defence lawyer say should happen. It depends on your age, what offence the defendant is accused of committing and what the judge thinks is best.

• If you're a complainant who is under 12 years old you will usually give evidence by closed circuit TV. You or your parents, mātua should ask the police officer about this if they don't talk about it with you.

• If you're a complainant who is under 17 years old and your case is about sexual assault, you can ask the police if you can give evidence behind a screen in the witness box. You may be able to give

• At any age, if you want to give evidence behind a screen in the witness box, or by closed circuit TV the judge may still agree to this. It doesn't matter whether you are a complainant or what type of case it is. Talk to the police officer about this.

Do I have any say in what the judge decides about how I will give evidence?

The police and your counsellor (if you have one) should talk to you about how you feel about giving evidence and how you want to give your evidence. Even if they don't, you can tell them, or the Victim Adviser, the way that you want to give evidence and why. For example, if you're worried about seeing the defendant in court, you can ask to have a screen placed in front of you in the witness box so you can't see them.

You can ask your counsellor or the police to write a report to the judge explaining how you want to give your evidence and why you should be allowed to give your evidence in this way. This 'Mode of Evidence Report' explains how giving evidence may affect you and helps the judge make a decision about the best way for you to give evidence.

It's important that you are as comfortable as possible while giving your evidence so that you can think and speak clearly. If no one is listening to how you feel about giving evidence and the way that you want to do it, you can call one of the child and youth advocates in chapter 6, helpful contacts? for help with this.

How long will it take before the case gets to court?

It can take a long time for a case to get to court, sometimes more than a year. During this time the police gather evidence for the case, question people who may have heard or seen anything, see whether any medical examination backs up a complainant's story and prepare for court. Because there are a lot of cases that go to court, each case has to wait for its turn on the court waiting list. Some priority is given to cases where a young person, rangatahi under 17 years old is giving evidence.

A victim adviser will contact you/your parent, family, whānau and offer you the court education for young witnesses service. This is a service that will help you find out what will happen at court and support, tautoko you and your family, whānau through the court process. See chapter 5, some extra ideas?. The police and the victim adviser have to keep you informed about what is happening with the case. If you're concerned about how long it's taking, ask the police or the victim adviser what is going on.

How will I know if I have to go to court?

The police officer in charge of the case or the victim adviser will tell you. They will tell you whether the defendant has pleaded 'guilty' or 'not guilty'. If the defendant pleads 'not guilty', the police officer or victim adviser will tell you the date of the court hearing and where it will be.

If it is a jury trial the police should arrange for you to meet the prosecutor before the court date. The victim adviser will usually meet with you about 3 weeks before going to court and go through some court education resources with you, show you around the courtroom and explain what will happen at court.

How will I know what I am meant to say in court?

Remember no one is allowed to tell you what to say in court. The people at court just want to hear what happened in your own words. See page 21 for more information. If it is a jury trial the crown lawyer will talk to you about giving evidence before you go to court. If it isn't a jury trial, the police officer in charge of the case will do this with you. They will explain what will happen on the day and who will be there. Ask them any questions you have about what will happen or the types of questions you might be asked.

You can read your statement or brief of evidence, or watch your video interview, before you go to court if you want to. Talk to the police about this.

What if I have special needs?

You need to tell the police officer in charge of the case if English is a second language for you. If they think this will affect you giving evidence they may arrange for you to have a translator at court so you can understand what is being said and answer questions clearly.

If English is your second language it can help to have a translator even if your English is good. It can be stressful in court and you don't need other things to worry about.

If you have a disability including hearing, sight, intellectual, mental health or physical difficulties, you or an adult need to tell the police. They can arrange things in the courtroom to help you. This may include an interpreter if you are deaf.

What if I want the defendant to stay away from me before I go to court?

If the defendant has been arrested for a serious physical or sexual assault they may have to stay in prison until the court case. They can ask for 'bail' so they don't have to stay in prison until they go to court. If you're a complainant and have fears for your safety, you can tell the police that you don't want the defendant to contact you, or ask the police to say no to bail.

The defendant may be refused bail, be given bail, or be given bail with the condition that he/she stays away from you.

If you're a complainant in a case about serious physical or sexual assault, you, the police or Child Youth and Family Services can ask the court for an order to stop the defendant from having contact with you. If you've been living in the same house as the defendant and one of you has had to leave for you to be safe, it is the defendant who should be made to leave wherever possible, not you.

I am going to court today. What should I wear?

You should wear something neat and tidy that you feel comfortable in. You can ask the police, the victim adviser or any counsellor who has been helping you, if you have any questions about what you want to wear.

What should I take with me?

Because you will probably be at the court buildings for a long time waiting for your turn to give evidence, it's good to make sure you have something to eat and drink. Take some lunch and food to eat during the day. You might want to take a book or magazine, music to listen to, a game or something else to do while you wait.

When do I have to be at court?

It depends whether you're a witness who is a complainant or not. If you are a complainant, you need to be there when the case starts on the first day. Most courts start at 10am. Ask the police officer in charge of the case what time you have to be there. The police will usually pick you up to take you to court. You can check that it will be in an unmarked police vehicle.

How long do I have to wait?

It depends on how long the prosecutor and the defence lawyer take to introduce the case. If you're the complainant in asexual assault case you should be one of the first people to give evidence so hopefully, you won't have to wait too long.

But, sometimes it may take almost the whole day or more before the people in the courtroom are ready for you to give your evidence. You will need to wait at the court buildings (or police station). The police officer in charge of the case should keep you informed about what is happening while you're waiting.

If you aren't the complainant, you will be told what time you need to be at court to give your evidence. Even though you are given a time, you may still have to wait for other people to finish giving their evidence before it's your turn.

Who can I speak to?

Try not to talk to anyone about the case while you're waiting at court. A witness or juror may overhear you and the case could be cancelled. If you're giving evidence and there is a break before the defence lawyer has asked you any questions, it is really important that you don't talk to anyone else about the case during the break. If you do, what you say may not be believed or the case may be cancelled.

Where do I wait?

There will be a waiting room that you can sit in with your support people that is away from where the defendant is. Tell the victim adviser and the police officer in charge of the case, before the court date, that you want to wait in this room so they can show you where it is when you arrive. Otherwise you can sit in the waiting area with everyone else. Some witnesses wait at the police station or another safe place before they are taken to court to give evidence. Talk to the police or victim adviser if you want to do this instead. It's the victim adviser's job to make sure you know where to go and where to wait when you go to court.

Who waits with me?

Anyone who is not another witness in the case can wait with you.

You may want to ask your parents, mātua, members of your family or whānau, friends, and anyone else who has come along to support, tautoko you, if they are not witnesses, to wait with you. But only your support person/people will come with you when it's your turn to give evidence.

What's it like giving evidence?

"What made me want to go to court was thinking that when people do stuff like that they should be locked away for what they've done. A lot of support from the police, family members and counselling helped me get ready to go to court.

I felt scared and nervous, frightened, shaken when I first went into the courtroom. I forgot about everyone that was in the room and just kept focused. People in the room that I knew - support people - helped me do this while I was in the room and before.

I felt safe while they were there. I turned around to see if my support person who was sitting just behind me was there and it made me feel better.

I was comfortable having screens but I felt nervous, scared, frightened and worried when the defence lawyers started asking me questions. I got used to it and I settled in after a while. I just kept focusing, kept my mind on putting the defendants away.

I was happy as, I was clapping when I came out of there cos I'd finished giving evidence and wouldn't have to go back in and confront everybody again.

Now its finished I just want to get out of this place and go home.

I'd say to other young people going to court as witnesses, stay focused and just remember that you've got heaps of people out here who are supporting you. Tell the truth and don't worry at all because you've got people on your side. And just remember, you're not the bad person, they are." Tarneka

What happens when I give evidence?

I have made a statement to the police about what happened. What will happen when I give evidence?

A 'statement' is what you've told a police officer. It's written by a police officer and read and signed by you.

IF YOU:

• have made a statement
• haven't made a video (or your video isn't going to be used) and
• are giving evidence in the witness box (with or without a screen),

the court attendant will come and tell you that it's your turn to give evidence.

If the case is about a sexual assault, before you go into the courtroom the attendant will announce that it is a 'closed court'. This means that everyone other than you, your support person, the prosecutor, the defence lawyer, the judge, and jury, the court staff and the defendant, have to leave the courtroom so that you can give your evidence without anyone else being there.

Only those people who have to be in court are allowed in court while you are giving your evidence.

The court attendant will then show you where you are to sit with your support person. The judge will say hello to you.

If you're under 12 years old the judge will ask you if you know the difference between truth and lies and ask you to promise to tell the truth.

If you're 12 or over, the court attendant will hand you a bible and ask you if you promise to tell the truth. You can either swear on the bible or affirm (state) that you promise to tell the truth.

Because you've given your evidence to the police in a 'statement', the prosecutor will then ask you questions to help you tell the judge or jury what you've already said in your statement.

Tell the prosecutor if you think you made a mistake in your statement or now remember something that you didn't say in your statement.

IF YOU:

• have made a statement
• haven't made a video (or your video isn't going to be used) and
• are giving your evidence by closed circuit TV,

the same things will happen. But you will be taken to a room near the courtroom instead, where you will sit in front of two TV screens, a video camera and microphone to give your evidence.

I have made a video at the Evidential Video Unit about what happened. What will happen when I give evidence?

If you are under 12 years old and a complainant in a case that is about sexual assault you will probably have been interviewed by an Evidential Interviewer on video, instead of making a written statement to the police.

IF YOU:

• have given your evidence to the police in a video that is going to be used and
• are giving your evidence by

closed circuit TV (CCTV), the court attendant will come and tell you when it's your turn to give evidence.

If it is a case about a sexual assault, the attendant will announce that it is a closed court so that any other people who aren't part of the case, have to leave the courtroom.

They will take you into a room near the courtroom where you will sit in front of two TV screens, a video camera and microphone with your support person. You will see the judge on the TV screen saying hello to you.

If you are under 12 they will ask you if you know the difference between truth and lies and ask you to promise to tell the truth.

If you are 12 or over the court attendant will ask you to swear on the bible or affirm (state) that you promise to tell the truth.

Then everyone in the court and you, sitting in the other room with your support person, will watch the video.

Because you've made a video, the prosecutor will usually only ask you a few questions, or may not ask you any questions, after the video.

IF YOU:

• have made a video that's going to be used and
• are giving your evidence in the witness box (with or without a screen),

the same things will happen but you will be in the courtroom instead. You will watch the video on the same TV screen that everyone else does.

What happens next?

Whether you've made a statement or video and whatever way you're giving your evidence, the defence lawyer will usually then ask you questions about what you've said. This is called 'cross examination'. After you have answered all their questions, the prosecutor may ask you some more questions. The judge may then ask you some questions. The judge may also interrupt the prosecutor or the defence lawyer at any time and ask you questions.

If you are giving evidence by closed circuit TV you will always be able to see the judge on one of the TV screens. You will be able to see the prosecutor or the defence lawyer on the other screen when they are asking you questions. After you've finished answering everyone's questions the judge will tell you that you've finished. Then you can leave.

How should I answer the questions?

Speak slowly and clearly into the microphone so everyone can hear. It can help if you look at the person who is talking to you. If you find it hard to speak loud enough, move the microphone closer to you.

When you are answering questions don't ever guess the answer or say what you think someone wants you to say.

• If you don't know say "I don't know".
• If you can't remember say "I can't remember".
• If you don't understand the question say "I don't understand the question" and ask them to repeat it, even if they have to repeat it 2 or 3 times.
• If you get asked more than one question at a time ask them which question they want you to answer.
• If you said something that was wrong or made a mistake, tell them that.
• If you forgot to say something tell the judge.

It's the job of the prosecutor and the defence lawyer to ask you questions in a way that you understand. Remember, all you need to do is tell the truth

Take your time.

This is the time to talk about what's happened. You are just there to answer the questions as best as you can.

You haven't done anything wrong and aren't going to get into trouble for anything you say in court. If you have to tell the judge or jury embarrassing or painful things or use swear words or rude words, that is OK. The people in court have heard these sorts of stories before.

It's OK if you get embarrassed, upset or cry.

You might have seen American court dramas on TV with lawyers walking

around the courtroom shouting and bullying witnesses. New Zealand courts are not like that. But, the defence lawyer will ask questions that are based on what the defendant has told them. It's their job to test what is being said and put forward the defendant's story.

They may say things to you that you think aren't true, or act like they don't believe you. You might feel confused or upset by this. Remember, all you have to do is tell the truth. It's the judge's job to make sure that you're treated well.

If you don't like the way you're being spoken to, you can tell the judge or ask the judge for a break.

What if I start to feel upset or need a break?

It can take a long time for the prosecutor, the defence lawyer and the judge to ask you all their questions, sometimes even a few hours. There are usually morning, lunch and afternoon breaks. As well as these, if you're upset, feel tired, or need to go to the toilet, tell the judge you need a break. They can stop what's happening so you can have a break. There should be a glass of water near the microphone that you can drink if you're thirsty. If there isn't, ask for one. If anything happens that you don't understand, tell the judge.

After you've finished giving your evidence the judge will usually tell you that you can go home. If you're not sure about this, ask the police officer in charge of the case if you can leave.

What happens after I give evidence?

Where do I go after I've given my evidence?

If you're waiting for anyone else to finish giving evidence, you can wait for them in the waiting room. If you aren't waiting for anyone else you can leave.

You are allowed to go into the courtroom and sit in the seats at the back of the courtroom to hear the rest of the case if you want to. You can leave at any time. If the police are able to, they may take you home.

What happens after I've given my evidence?

After you've given your evidence the other witnesses, and sometimes the defendant, take turns giving their evidence. It can take a few days or even a few weeks for all the witnesses and the defendant to finish giving evidence. When this has happened, if it is a jury trial, the crown lawyer and then the defence lawyer will talk to the jury and the judge about the case. The lawyers will talk about what the evidence is and whether the defendant is guilty of committing the offence. The judge will then explain to the jury what the law is and that they must be sure that the defendant is guilty of committing the offence beyond reasonable doubt (that there is no doubt, which is reasonable, that the defendant committed the offence).

When the jury has heard everything they leave the courtroom and go into the 'jury room'. They are the only ones who are allowed in the room. The jurors talk about what everyone has said and decide whether the defendant is guilty of committing the offence beyond reasonable doubt. Then they come back into the courtroom and tell the court what they have decided. This is called the 'verdict'. While the jury is deciding a verdict they are not allowed to have contact with anyone other than the other jurors.

Sometimes juries can't agree on the verdict. Some are sure that the defendant committed the offence while others are not sure. This is called a 'hung jury'. If this happens the case will usually be held again to see if a different jury can agree on a verdict. This doesn't happen very often. The police will tell you if this happens because you will have to give your evidence again.

If it isn't a jury trial, after everyone has finished giving their evidence, the judge takes a break and then sums up the case. If the judge is not going to decide the verdict that day, he/she will tell the people in court when the decision will be announced.

What do the jury or the judge decide?

The jury, or the judge if there is no jury, decide if the defendant is 'guilty beyond reasonable doubt' or 'not guilty' (the verdict).

'Guilty beyond reasonable doubt' means that they are sure that the defendant committed the offence (that there is no doubt, which is reasonable, that the defendant committed the offence). 'Not guilty' means that they aren't sure that the defendant committed the offence (that there is a doubt, which is a reasonable one, that the defendant committed the offence).

No reasons are given for the verdict and no one can ask the jury how or why they made that decision.

What does the judge do then?

If the verdict is 'not guilty' the defendant is allowed to leave the courtroom. If the verdict is 'guilty' it's up to the judge to decide where the defendant is to stay while the judge is deciding on the sentence (what the defendant's punishment will be).

How will the judge know how I feel about things?

If you're a complainant, before the defendant is sentenced the judge will read your 'Victim Impact Statement'. This is a report that shows the judge how you have been affected by what the defendant has done. It includes information about whether you have been physically or emotionally affected and if any of your property has been damaged or lost.

The police, psychologist, counsellor or social worker will usually interview you so they can write your Victim Impact Statement. You can write some or all of it yourself if you want. Sometimes members of your family will be asked to make a Victim Impact Statement.

The defendant and their lawyer see your Victim Impact Statement so only put in information you don't mind them knowing. Ask to check it before it's given to the court so you can make any changes and, in particular, make sure that your address and other personal details aren't in it.

The judge may ask for other reports as well, eg, an Emotional Harm Report prepared by a Probation Officer.

How will the judge work out the sentence?

The judge will consider what the offence is and what the usual punishment is. They will look at the defendant's situation and whether he/she has been convicted of breaking the law before.

The judge will also read your Victim Impact Statement.

The defendant's sentence may include going to prison, supervision, community work, reparation (paying compensation) and paying a fine.

The victim adviser or police officer in charge of the case should tell you whether the defendant was found guilty or not guilty, what the sentence was and what it means. They should also tell you whether the defendant is going to appeal the decision. This is when the defendant asks to have their case or sentence considered again. You may feel like talking to someone after the case has finished. You could talk to the police officer in charge of the case or the victim adviser. The victim adviser can also give you information about other people you can talk with.

If the defendant goes to prison and you were a complainant in the case, you can fill out a form asking to be told when the defendant gets out of prison. Ask the police or the victim adviser to sort this out for you.

Chapter 5: Some extra ideas?

You might have all sorts of feelings when you go to court. However you feel is okay. If you feel extremely upset it is really important to talk to someone about it.

How do I feel about going to court?

You might have all sorts of feelings about going to court.

You may feel:

• scared
• like you don't feel like eating, hanging out with friends, etc.
• tense
• worried
• anxious
• depressed
• like you can't sleep or you're having nightmares
• upset
• embarrassed, whakama
• confident
• like you want to run away
• OK, pai
• unsettled
• annoyed you can't just get on with your life
• numb
• resentful
• angry
• like you can't get on with your life until it's all over
• like you don't want to go to school or work

However you feel is OK. Most people feel some of these things when they are going to court. Some young people, rangatahi feel scared because they have never been to court and there are difficult things they have to talk about in front of other people. Others feel empowered because something is being done about what has happened. Just remember, after the case is finished it will usually all be over and you can get on with your life. If you feel extremely upset, suicidal or want to harm yourself in any way, it's really important you talk with someone about it.

What about counselling?

It's often helpful to talk to someone about what's happened and how you're feeling.

A counsellor or therapist can help explore the impact of what has happened to you and how you can overcome any effects of what has happened in a way that is best for you. They may have helped people who have gone to court before and be able to support you through the court process and answer any questions you have.

When a crime has been committed against you there may be a lot of changes to your life (some people may not believe you, some people might have to move from your home, you may feel lonely, depressed or scared). Remember, you don't have to do this by yourself.

Your parents, mātua, family, whānau or friends may be able to support you or there are people in the community who are there to help. Call one of the counselling and support agencies in chapter 6 helpful contacts? for help.

Some common questions?

What if I get upset when I am giving evidence?

Take a deep breath and pause. You can ask the judge for a break. It can help to go for a short walk and drink a glass of water before you go back in to finish giving your evidence.

People often cry in court and it is OK.

Can I have someone with me when I give my evidence?

If it's a case about a sexual assault, you can usually have someone sit with you as your support person when you give evidence. If it isn't a sexual assault case, you will need to ask the police to ask the judge if you can have a support person in court.

When you are choosing someone as your support person, remember that you need to feel comfortable about them hearing all the details of your evidence. They must be an adult and they can't be someone who is a witness in the case. If you choose your support person early, they can visit the court with you and get prepared for their role at court.

You will need to ask the police before you go to court, whether your other support people can sit in the seats at the back of the courtroom while you give your evidence.

If I am the person the defendant assaulted, why is it the police's case and not mine?

Even though it happened to you, the community, your school, kura, family, whānau and friends are all interested in whether people are breaking the law, making sure they are held responsible for what they have done and keeping the community safe.

Because of this, the police bring the court case against the defendant on the community's behalf. Because they bring it instead of you, it is their case. You become a witness (someone who has seen, heard or experienced something) in support of their case.

This means that a prosecutor runs the case in court and as a witness you don't usually have your own lawyer.

Will the defendant be able to see me?

They will be able to see you if you are giving evidence in the witness stand without a screen. If you are giving evidence in the witness stand with a screen it depends on the type of screen it is. With some screens you can't see the defendant and they can't see you. With others you can't see the defendant but they can see you.

If you are worried about seeing the defendant read chapter 4, how will I give evidence? and talk to the police or the victim adviser about how you feel.

What can I do if the verdict is 'not guilty'?

A judge or jury may sometimes decide that a defendant is 'not guilty' because there is not enough evidence that makes the judge or jury sure that the defendant has committed the offence. In a few cases there is an appeal. You can talk to the police about whether this is likely to happen in your case. You may want to talk with someone like a counsellor about the case and how you feel, if the verdict is 'not guilty'.

Will I be in the newspapers or on TV?

You can't be identified on TV if you don't want to be. If you are a complainant of any age in a case about a sexual assault, TV, radio and newspapers cannot publish your name or any evidence that may identify you.

Usually newspapers, the TV etc, are not allowed to publish the names and identities of witnesses who are under 17 in any other types of cases either. Check with the police if you are worried about this.

My rights?

Your right to be treated well

If you are the victim of a criminal offence you have the right to be treated with courtesy (politeness) compassion (caring) and respect for your personal dignity and privacy by

anyone who is dealing with your case. This includes the police, the judge, the prosecutor, the defence lawyer, the victim adviser and other court staff and Child Youth and Family staff.

You can expect to be treated as a real person rather than a number or a name and should be able to get counselling, welfare, health, legal and medical help.The agencies you deal with should tell you what services they have to help you. If you feel like you're not being treated well, or no one is listening to you, call one of the agencies in the next chapter for help.

Always Remember

For most people, going to court is something they haven't done before. They don't know what they will have to do or who will be there. It can take a lot of courage to do something you haven't done before. You are only there to help the decision makers work out what happened. They listen to all the evidence, including yours, and decide whether they thing the defendant has broken the law.

• Tell the truth in your own words
• Tell the judge is you want a break
• You have the right to be treated well by everyone who deals with you and to get help if you need it

Chapter 6: Helpful contacts?

In all emergencies call the police - phone 111

Counselling, Crisis and Rape Support Agencies

Youthline

A counselling crisis and support service for young people

Nationwide Ph: freephone 0800 376 633

Website: www.youthline.co.nz

Email: youthline@youthline.co.nz

Lifeline

Check the Personal Help Services section of the phone book for your local number.

Help

24hr Rape and Sexual Abuse Support

Auckland (09) 623 1700

South Auckland (09) 277 9324

Hauraki/Paeroa (07) 862 6134

Whangarei (09) 437 6010

Tauranga (07) 578 8227

Wellington (04) 499 7532

Victim Advisors

Phone your local court. Check the front of the phone book in the government section under 'Justice Ministry', for the number.

Women's refuge

The phone number for your local Women's Refuge should be in the Personal Help Services section of the phone book.

Victim support

Ph: freephone 0800 842 846 (0800 VICTIM) or check the phone book for the number of your local office or ask the police.

Website: www.victimsupport.org.nz;

Email: victim@xtra.co.nz

Rape crisis

Check the phone book for the number of you local rape crisis.

Website: www.rapecrisis.org.nz

Citizen's advice bureaux

Check the phone book for the number of your local CAB.

Website: www.cab.org.nz

Barnardos

Ph: freephone 0800 222 345. For family counselling in all centres check the phone book for your local Barnardos office.

Website: www.barnardos.org.nz

Child and Youth Advocates

Youthlaw

A national community law centre for children and young people.

Level one, 219 Federal St, Auckland City.

Ph: (09) 309 6967 (accepts collect calls)

Website www.youthlaw.co.nz

Email: info@yothlaw.co.nz

Children's commissioner

PO Box 5610 Wellington

Ph: freephone 0800 224 453

Website: www.occ.org.nz;

Email: children@occ.org.nz

Community law centres

The phone number of your local community law centre will be in the phone book.

Child Care and Protection

Child, Youth and Family Services

National Call Centre:

Ph: freephone 0508 326 459

Website: www.cyf.govt.nz

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March 2005