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Difference between revisions of "Being a Witness"
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{{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bc-prosecution-service/about/crown-counsel Andrew MacDonald], Crown Counsel|date= October 2018}} {{Dial-A-Law TOC|expanded = crime}} | {{REVIEWEDPLS | reviewer = [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bc-prosecution-service/about/crown-counsel Andrew MacDonald], Crown Counsel|date= October 2018}} {{Dial-A-Law TOC|expanded = crime}} | ||
If you see someone commit a crime or you have information relevant for a court case, you may be called as a '''witness'''. Learn your rights and what to expect. | If you see someone commit a crime or you have information relevant for a court case, you may be called as a '''witness'''. Learn your rights and what to expect. | ||
== | ==What you should know== | ||
===Your role as a witness=== | ===Your role as a witness=== | ||
A '''witness''' helps our legal system by giving important information (called '''evidence''') to a court. A witness '''testifies''', telling the court what the witness knows. | A '''witness''' helps our legal system by giving important information (called '''evidence''') to a court. A witness '''testifies''', telling the court what the witness knows. Information from witnesses helps the court make the right decision. If you receive a document that says you have to be a witness in a trial, it’s because you have important information about a case. | ||
Either side in a court case can ask you to be a witness. If they do, you will receive a document called a '''subpoena''' or '''summons to witness'''. Read it carefully. It may require you to bring documents with you to court. | |||
Either side in a court case can ask you to be a witness. If they do, you will receive a document called a '''subpoena''' or | |||
===If you can’t go to court when the trial takes place=== | ===If you can’t go to court when the trial takes place=== | ||
On the subpoena or summons to witness is the name of the lawyer who is calling you to court. Phone the lawyer to find out why they want you as a witness and what documents you have to bring to court. Ask exactly when you have to go to court, and if necessary, try to arrange a better time. | On the subpoena or summons to witness is the name of the lawyer who is calling you to court. Phone the lawyer to find out why they want you as a witness and what documents you have to bring to court. Ask exactly when you have to go to court, and if necessary, try to arrange a better time. | ||
If you are unable to personally attend | If you are unable to personally attend court and you have a valid reason for it, you may seek permission to give evidence by '''video'''. When you receive notice of the court date, you have to immediately speak with the lawyer who is calling you to court to make this arrangement. It is up to the judge hearing the case to decide whether to permit a witness to give evidence by video. | ||
===If you think you should not be a witness=== | ===If you think you should not be a witness=== | ||
If you have a good reason not to be a witness, you can ask a judge to '''cancel the subpoena or summons'''. For example, if you have been called to Small Claims Court, a judge can cancel the summons if you are not really needed as a witness or if it would be a hardship to you to go to court. For other courts, you can call the court registry and explain that you want to ask a judge to cancel a subpoena. | If you have a good reason not to be a witness, you can ask a judge to '''cancel the subpoena or summons'''. For example, if you have been called to Small Claims Court, a judge can cancel the summons if you are not really needed as a witness or if it would be a hardship to you to go to court. For other courts, you can call the court registry and explain that you want to ask a judge to cancel a subpoena. | ||
If the subpoena or summons is not cancelled and you do not make other arrangements with the lawyer on when to give your testimony, then you must go to court. If you don't go, the lawyer can ask the judge to have you arrested and brought to court. A court can issue a | If the subpoena or summons is not cancelled and you do not make other arrangements with the lawyer on when to give your testimony, then you must go to court. If you don't go, the lawyer can ask the judge to have you arrested and brought to court. A court can issue a '''material witness warrant''' for your arrest. | ||
===If you refuse to answer a question=== | ===If you refuse to answer a question=== | ||
Many people don’t want to be a witness because they are afraid to answer certain questions. They think, based on American TV shows, they can refuse to answer by “pleading the fifth | Many people don’t want to be a witness because they are afraid to answer certain questions. They think, based on American TV shows, they can refuse to answer by “pleading the fifth amendment.” That’s wrong. Witnesses have to testify (tell the court what they know) by answering questions from either side or the judge. If a witness refuses to answer a question, the judge can find them in '''contempt of court''' and jail them. | ||
That said, there are limits on how the information provided by a witness can be used. Generally, it cannot be used against the witness at a later hearing if they are charged with a crime. | That said, there are limits on how the information provided by a witness can be used. Generally, it cannot be used against the witness at a later hearing if they are charged with a crime. | ||
You may want to get independent legal advice before going to court if you are worried about testifying about certain things. | You may want to get independent legal advice before going to court if you are worried about testifying about certain things. | ||
==Understand the process== | ==Understand the process== | ||
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Being a witness involves some preparation. | Being a witness involves some preparation. | ||
Think about the event or events you saw. What happened first? What happened next? Try to remember details like dates, times, descriptions, actions, persons involved, and exact words. | Think about the event or events you saw. What happened first? What happened next? Try to remember details like dates, times, descriptions, actions, persons involved, and exact words. Keep any notes, photographs, and documents you have about the case. Bring this material with you if you speak to a lawyer before the court date, and when you go to court. The judge may let you look at your notes during the trial. | ||
Keep any notes, photographs, and documents you have about the case. Bring this material with you if you speak to a lawyer before the court date, and when you go to court. The judge may let you look at your notes during the trial. | |||
If you can, before your court date go to the courthouse to watch what happens in court. Most trials are open to the public. | If you can, before your court date go to the courthouse to watch what happens in court. Most trials are open to the public. | ||
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===On the day of the trial=== | ===On the day of the trial=== | ||
On the day of the trial, dress neatly. | On the day of the trial, dress neatly. | ||
When you arrive at the courthouse, check the list of trials to find your courtroom. | When you arrive at the courthouse, check the list of trials to find your courtroom. | ||
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Someone will call you when it is your turn to '''testify''' (give your evidence). You then go to the witness box at the front of the courtroom. | Someone will call you when it is your turn to '''testify''' (give your evidence). You then go to the witness box at the front of the courtroom. | ||
The court clerk will ask you if you wish to swear a religious oath on the Bible or to affirm to tell the truth. Both options bind your conscience and require you to promise to tell the truth. Both place the same obligation on you to tell the truth, with the same consequences for failing to do so. | The court clerk will ask you if you wish to swear a religious oath on the Bible or to affirm to tell the truth. Both options bind your conscience and require you to promise to tell the truth. Both place the same obligation on you to tell the truth, with the same consequences for failing to do so. | ||
Next, you will be asked to say your full name and spell your last name. Witnesses are not usually asked to state their addresses, but it can happen. If you are asked but don't want to give your address in public, tell the judge. | Next, you will be asked to say your full name and spell your last name. Witnesses are not usually asked to state their addresses, but it can happen. If you are asked but don't want to give your address in public, tell the judge. | ||
You may sit down while giving your evidence. | You may sit down while giving your evidence. | ||
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{| class="wikitable" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
Treat everyone in the courtroom respectfully. You can call the judge "Sir" or " | Treat everyone in the courtroom respectfully. You can call the judge "Sir" or "Madam.” "My Lord" or “My Lady” are the formal titles in Supreme Court. “Your Honour” is the formal title in Provincial Court. | ||
|} | |} | ||
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Some tips: | Some tips: | ||
== | * When you answer, speak to the judge, not to the person who asked the question. | ||
* Think about each question before you answer. Wait until the end of the question before starting to answer. | |||
* Take your time so you can give a complete answer. | |||
* Do not guess. If you are not sure about an answer, just say so. It's okay to say: "I don't know" or "I don't remember.” | |||
* If you do not understand a question, ask the person to repeat or explain it. | |||
* Do not speak at the same time as anyone else or interrupt the judge or lawyers. | |||
* Speak clearly and loudly, so that people in court can hear you and write down what you say. The microphone in front of you usually only records your voice — it does not make it louder. | |||
==Who can help== | |||
===With more information=== | ===With more information=== | ||
'''Justice Education Society''' offers tips and videos on appearing in court as a witness. | '''Justice Education Society''' offers tips and videos on appearing in court as a witness. | ||
:[https://www.justiceeducation.ca/legal-help/crime/victim-and-witnesses/witness-testimony Visit website] | |||
{{Dial-A-Law_Navbox|type=courts}} | {{Dial-A-Law_Navbox|type=courts}} | ||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
