by Megan Harrison
Published 1994
Kogan Page
Paperback
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Blackstone's Police Manual - Evidence and Procedure: 2002 Ed
by Glenn Hutton, David Johnston
Published1999
Blackstone Press
Paperback
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Most commonly you will have been bailed to attend your trial. In reality the Court has two sittings one starting at 10am and one at 2pm. Normally you will have been bailed to be at Court 30 minutes before your case.
First impressions do count. Do think about how you are dressed. All Magistrates swear that they will treat all manner of people fairly but as in any other walk of life most people are swayed by first impressions and your first impression on the Magistrates will be how you look. Your definitely not going to be convicted for your dress sense but if you arrive wearing something commonly persieved as a muggers uniform..............
The reality is, that dependant on the time estimate placed on your case, several cases will be scheduled for the same time. This is done to most profitably use the Courts time. Don't rely on this to arrive late. It is common procedure for the Magistrates to ask the Court Usher which cases are ready. If at 10am/ 2pm the Usher says that your case is not ready as you are not there you have already got off to a bad start as you have broken your bail conditions.
Do set your alarm, do find out how long your journey to the court is likely to take and add 30 minutes to be sure. In the unlikely event that even having taken precautions you will/ may be late, phone the court to explain and take the name of the person you speak to.
Its also prudent to say at this stage that there could be other emergencies that could deflect you from attending. The most common being sickness/ injury. Inform the Court at your earliest opportunity if you cannot attend. If the request is made in the days leading up to trial date, your adjournment request will be heard in court, together with your reasons. The Magistrates will make a decision. In emergencies this can also be done on the day of the trial. The most common reason given tends to be illness. If the reason is illness the Court will often ask for a valid doctors certificate covering the date of the trial. You will have to give this to the court at the next hearing. The certificate must show that you were unable to attend court. Remember there are a lot of illnesses and injuries that may preclude you from work, but wouldn't necessarily stop you attending court.
Remember, if you don't arrive and don't contact the court before your case is heard, the court is highly likely to go ahead and hear the case in your absence. And the odds are that you will be found guilty as you have not presented a defence.
Most Courts have more than one Court room, so first off find out in which Court room your case is due to be heard. Find the Usher responsible for that Court and make them aware that you are there. If you are being represented find your representative. Often your solicitor will hire a barrister that you have not previously met, so this is a very important time to get to know them, and for them to get your views (they will have previously read the papers).
Tips on giving evidence in court
1. Appear and behave professionally. This applies both on the witness stand and off. Obviously this can influence the Magistrates, but you never know who is "sizing you up," for the other side, while you're waiting in the hall outside the court.
2. Before the trial starts, walk in to the courtroom and familiarise yourself where the witness stand is located and the path you need to take to get to it. This enables you to walk directly to the stand in a forthright manner and be sworn in.
3. Dress professionally. Studies have shown that blue for men and black for women are the most appropriate colours for "looking believable." Men and women should dress in a conservative fashion. Avoid flashy colours, no Rush Limbaugh ties, and wear minimal jewellery.
4. When you are sworn in, look at the Magistrates and speak, in a loud, clear voice.
5. Once you are on the stand, stand up straight and look at the questioning barrister, when answering make eye contact with the Magistrates.
6. Answer all questions clearly, do not nod. If you nod this will cause the Legal Advisor to tell you to answer audibly and make it look like you're not sure what you're doing.
7. Keep your hands by your side. Keep them away from your mouth.
8. Listen very carefully to the question. Make sure you understand it before you answer.
9. If either Barrister objects, stop talking, let the Magistrates rule on the objection and then continue.
10. Avoid being combative. Let the Barristers get as nasty as they want. They're more than likely trying to "bait you." You stay cool and answer the questions.
11. If you make a mistake, admit it. Don't try to cover it up. Nobody is going to hold it against you that you made a mistake, but they will certainly hold it against you if they think you're lying.
12. Never memorise your statement. Know your facts, but don't try to say things word for word. You will look rehearsed during your evidence and then will not be able to handle cross examination, where the questions are out of sequence.
13. If the other side asks a question that you think is objectionable, pause before answering and give your barrister a chance to object. If he doesn't, answer the question. If either barrister’s objects, stop your answer and wait for the judge to tell you to proceed.
14. Avoid looking at your barrister when answering questions. This looks like your asking for help and Magistrates might interpret this as a damaging question, even though your answer makes perfectly good sense.