Practical Matters

Question 1

What should be done when preparing witness for court?

Answer 1

• Advise them of time/date/place of trial and exhibits to be presented
• Ask whether they have given evidence before and if not advise them of the procedure
• Advise the witness that they can refresh their memory from a written statement but cannot read other documents
• Ensure witnesses remain within call if they are excluded from the courtroom
• Check jury list to make sure none of the jurors are known to the witnesses
• Warn witness not to speak or mix with the jurors
• Advise the witness about witness expenses

Question 2

What should the OC Case do generally

Answer 2

Ensure that you look, stand and speak professionally

• Identify the defendant
• Locate and help witness as required
• Do not mix or gossip with jurors or members of defence

Question 3

What should OC Case do giving evidence

Answer 3

• Take care that you answer question being asked
• Say you don’t know rather then guess
• Do not be flippant
• Address the judge as your honor or sir/ma’am
• Address the prosecutor and defence as sir/Ma’am
• Advise the judge of any mistakes made as soon as possible, or advise the prosecutor, if you have finished giving evidence

Question 4

When referring to your notebook while giving evidence what must you do?

Answer 4

• Ask for the courts permission
• Introduce the material correctly
• Remember that the defence and the jury are entitled to view your notes so seal off other entries
• Only use to refresh your memory unless you have permission to read the notes of the interview

Question 5

How do you introduce a notebook statement to the court?

Answer 5

Give evidence on any prior discussions or oral admissions but only give passing reference to irrelevant material.

Question 6

What happens if the evidence you give is pro defence?

Answer 6

Give all evidence as you are there to assist the court in establishing the truth.