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Help at Court - What to Expect

Northern Ireland has its own judicial system which is headed by the Lord or Lady Chief Justice of Northern Ireland.

The Witness Service is free and confidential and is available to prosecution witnesses over the age of 18. Younger victims of crime are supported in court by the NSPCC’s Young Witness Service.

Criminal courts make decisions on an adversarial basis. This means that both sides test the credibility and reliability of the evidence their opponent presents to the court. The judge or jury makes decisions based on the evidence presented.

The judge is responsible for overseeing the hearing, ruling on points of law and ensuring that the defendant gets a fair trial. Where the defendant is found guilty or pleads guilty, the judge will pass a sentence that reflects the seriousness of the crime and takes into account the defendant’s personal circumstances, and whether they have previously been convicted of similar offences.

If a defendant (the person accused of a crime) is under 18, the case will normally be heard in a youth court, unless it’s a very serious case when it may go to the Crown Court. Hearings in the youth court are not open to the public

For over 18s, all criminal and civil cases start in the Magistrates’ court and may continue there. At Magistrates’ court, there is no jury. The District Judge (magistrate) will make a decision on the case. More serious offences are dealt with in the Crown Court in front of a jury.

There are usually 12 members of the public on a jury. After listening to all the evidence during the trial in the Crown Court, and any direction that the judge may give them, they decide whether the defendant is guilty.

The defendant is entitled to legal representation in criminal proceedings, whether they pay for it themselves, or qualify for legal aid. The defence team will take instructions from the defendant and advise them on legal matters. This will include evaluating whether the defendant has a viable defence based on the evidence presented by the prosecution.

Once a victim of a crime goes to court, they are known as a witness. They will be represented at court by a prosecutor from the Public Prosecution Service. The Public Prosecution Service (PPS) makes decisions on whether cases go to court and prosecutes most cases in the criminal courts. The PPS is independent – it’s not part of the government, police or the courts.

A witness can also be a third party who witnessed the crime and has been called to give evidence on behalf of the prosecution or defence.

Aside from the courts, other agencies involved in the administration of justice include:

Before Court
- Q: How will I know when I have to go to court?
  The Victim Witness Care Unit (VWCU) will contact you and tell you when you need to go to court. The Victim Witness Care Unit is part of the Public Prosecution Service and will tell you:
  - the date, time and location of the first hearing
  - the nature of the charges against the defendant
  - if the defendant has entered a guilty or not guilty plea
  - the outcome of the hearing, for example whether the suspect has been
  - remanded in custody or has been granted bail by the court
  The VWCU will provide 3-monthly updates to victims in Crown Court cases, typically the most serious cases. They will also tell you about any delays to proceedings and the reasons for these.
- Q: Will I have to give evidence?
  
  If you’ve made a statement to the police you will have been asked to sign the statement agreeing to attend court as a witness. If you have been asked to attend court then it’s likely that you will have to give evidence.
- Q: How long will I be at court?
  
  This depends on a number of factors. Victim Support NI’s Witness Service will keep you updated as the trial progresses in court.
- Q: Will anyone be there to look after my children?
  
  It is not advisable to bring children to court (unless they are witnesses). If you can’t arrange for your children to be cared for you should consider bringing another adult with you to look after them. The Witness Service staff and volunteers cannot look after any children.
- Q: Can I bring family and friends to court?
  
  Yes, although depending on the space available at court there may not be room for them in the witness waiting rooms.
- Q: I can’t afford to get to court, what should I do?
  
  Contact the Victim Witness Care Unit (the person who has asked you to come to court) and explain the situation.
- Q: Are all courts the same?
  
  How things are done in court will remain the same, but we strongly advise witnesses to avail of our services because no two courts are the same. Not only do the different types of court vary, but the facilities at courts across Northern Ireland will be different. Courtrooms may be laid out differently, and the Witness Service may not have the same facilities available to them, so may not be able to offer a separate waiting room, but will still be able to offer a safe environment in which to wait.
- Q: What does the court look like? Where does everybody sit?
  
  If you contact Victim Support NI’s Witness Service, they can arrange a tour of court before your trial. These tours are completely personalised and you can ask questions to our staff about what will happen on the day you attend court.
  
  We also have a 360 degree virtual tour of each courtroom in Northern Ireland available on our website. Simply use the menu on the tour to select the courtroom you’d like to view. You can move around the court and use our hotspots to get more information about what you are looking at. This may help to prepare you for coming to court and get you used to what you will see.

At Court
- Q: Can I read my statement?
  
  You will be given a copy of your witness statement when you go to court, so that you can refresh your memory before you give your evidence but you will not be allowed to read your witness statement when giving your evidence in the court room. If you need help to read your statement, please tell the Victim Witness Care Unit (VWCU) or a member of Victim Support NI’s Witness Service team.
- Q: Will I have to see the defendant in court?
  
  If you’re concerned about seeing the defendant in court please contact Victim Support NI’s Witness Service or the Victim Witness Care Unit (VWCU).
  If you’re a young, vulnerable or intimidated witness, there are also ways that the court can help you to give your best evidence, which are called ‘special measures’ . These must be requested and then approved by the court.
  
  Contact our Witness Service to have a look at the courtroom before the day of the trial so that you can decide if special measures would be helpful. Our team will explain the options available to you.
- Q: Where is my barrister?
  
  Victims do not have a barrister. Only the defendant has their own barrister working their case.
  
  It’s the Public Prosecution Service (PPS) that brings the case against the suspect on behalf of the Crown. You are asked by them to be a ‘witness of fact’ because you have first-hand knowledge of the events that took place. The prosecutor presents the case on behalf of the PPS.
- Q: Will the barrister come and see me?
  
  The prosecutor should introduce themselves to you, but cannot discuss the evidence. If you wish to see the prosecutor, tell a member of the witness service and they will help.
- Q: What will happen when I’m called to give my evidence?
  
  It’s no surprise that giving evidence can be a difficult experience. If you are giving evidence in the courtroom, a Witness Service representative can escort you in to the courtroom. You will go to the Witness Box and will be asked to take an oath or give an affirmation that you will tell the truth. You may be asked to talk publicly about unpleasant, upsetting or personal events. You will first be questioned by the prosecution. You may then be asked questions by the defence – who represent the defendant. This is called cross-examination. Being cross-examined can be difficult, but it’s important to remember that it’s not a personal attack on you, simply a defence lawyer doing their job.
  
  If the questioning is too aggressive or inappropriate, the judge can intervene to stop it.
- Q: I’m worried about the defence barrister being nasty to me.
  
  The defence lawyer’s role is to represent the defendant (the person accused) and to ‘cross-examine’ you. The defendant has said they are ‘not guilty’ so they may have a different version of events to yours. This means that the lawyer will put the defendant’s version of events to you, for you to agree or disagree with. If the questioning is too aggressive or inappropriate, the judge can intervene to stop it.
- Q: Will I get a lunch break?
  
  Usually the courts will break for lunch at some point.
- Q: Can I go out at lunchtime with other witnesses?
  
  This will depend on who has given evidence but our Witness Service will be able to explain what will happen over lunch time.
- Q: Can I leave after giving evidence?
  
  Our Witness Service will advise you when you can leave on the day.
- Q: Can I listen to other witnesses giving evidence?
  
  After you’ve given evidence and have been released (the judge or magistrates have said you can go), you’re allowed to sit in the back of the court. However, there are occasions when this might not be a good idea. You should discuss this with a member of our Witness Service team.
- Q: When will I know the result of the trial? Who can I contact?
  
  Our Witness Service, the Victim Witness Care Unit or the prosecutor on the day will let you know the outcome of the trial.

After Court
- Q: How can I claim my expenses?
  
  You will be given a claims form on the day of the trial. Make sure you keep all receipts for any money you’ve spent on travel, parking etc. Once you have finished giving evidence, fill out the form and give it to the Public Prosecution Service if you are a prosecution witness or Courts Service if you are a defence witness. It can take up to 30 days to receive payment.
- Q: How do I get the compensation the judge ordered the defendant to pay me and what happens if they don’t pay?
  
  The money is paid by the defendant directly to the court. You should receive a letter from Courts Service explaining the details of the compensation award and how the compensation will be paid to you.
- Q: Is there any further support available to me after the trial?
  
  If you need further emotional support following the conclusion of a trial, you can self-refer to Victim Support NI to avail of our emotional support services and find further relevant information about the options available to you for support.
- Q: When will the defendant be sentenced?
  
  After a conviction, there can be a wait of some weeks before the guilty party will be sentenced. When deciding on sentencing, the judge will take into account a number of considerations, such as age, previous criminal record, the seriousness of the crime, and whether or not there was a guilty plea. They will also look into any mitigating circumstances surrounding the crime, and whether the crime was aggravated in any way.
  
  They use guidance from the Court of Appeal and the Sentencing Council when deciding what type of sentence to award.
  
  In the gap between conviction and sentencing, Victim Support NI can help victims prepare a Victim Personal Statement. The judge or magistrate will see this and can take it into consideration when sentencing.
- Q: What is a Victim Personal Statement (VPS)?
  
  A Victim Personal Statement (VPS) is made by a victim of crime. It gives you a chance to say how you’ve been affected by what happened and the impact the crime has had on your life. It’s different to the witness statement, but it’s just as important.
  
  Victim Support NI can help you to prepare your VPS should you want help or support in doing so.
- Q: Can the VPS affect the sentence?
  
  When passing sentence, the judge or magistrate will consider all factors in the case, including the evidence that they’ve heard or that has been read in court. They will also consider the Victim Personal Statement (VPS).
  
  The VPS tells the court about the impact of the crime on the victim or victims. The judge or magistrate will then take into account any relevant sentencing guidelines and pass an appropriate sentence.
  
  The VPS should not contain any reference to what a victim believes is the appropriate sentence for the offender. The sentence is entirely a matter for the judge or magistrate.
- Q: Who can I go to if I have questions about the sentence?
  
  If you have any questions about the sentence that the Victim Witness Care Unit can’t answer, you can ask the Public Prosecution Service (PPS) to give you more information.
  
  The PPS is also responsible for telling you if an application is made to appeal the sentence, giving you information about any hearing, and letting you know the outcome.
- Q: Can I receive information about the offender after the trial?
  If you are a victim in Northern Ireland and the offender who committed a crime against you is in prison, hospital or on probation you can register to receive and give information about them. This could be the offender’s release date or giving your views on temporary release applications.
  
  All victim information schemes are voluntary. However, you will not be told about an offender’s release unless you register with one of the following victim information schemes:
  
  There are three victim information schemes in Northern Ireland, managed by the Probation Board for Northern Ireland’s (PBNI) Victim Information Unit. If the offender has been:
  - sentenced to time in prison – you can register for the Prisoner Release Victim Information Scheme (PRVIS)
  - given probation – you can register for the Probation Board Victim Information Scheme
  - given a hospital restriction order – you can register for the Mentally Disordered Offenders Victim Information Scheme
  PBNI employ Victim Liaison Officers who’s role it is to empower victims of crime by providing them with relevant information about sentences
  
  If you don’t want to register with the schemes yourself, you can ask a family member or a close friend to register for you.
  
  If you don’t have anyone who can act on your behalf you can contact our team at Victim Support NI. We can appoint someone to act as your independent representative.
- Q: What if the media contact me about my case?
  
  As a victim of crime, you might find yourself at the centre of media attention. If your case goes to court, reporters are normally allowed to attend any trial. Cases often end up in newspapers, on radio, or TV.
  If a witness or a defendant is under the age of 18 and the case is heard in a youth court, there are automatic restrictions on what the media can report, and they cannot identify the young person.
  The media are also banned from identifying victims of a range of sexual offences, including all instances of rape and indecent assault.
  The courts have the power to put restrictions in place to limit what the media can report in certain cases, for example, if a witness is very afraid, feels intimidated, or is very upset at giving evidence.
  
  If you are thinking about talking to the media about your case, Victim Support NI can help you get the information you need in order to make the choice, and can discuss all your options and possible repercussions, before you make a decision. Remember, you do not have to speak to anyone about your case and you should not feel pressured to do so.
  
  If you have been the victim of unwanted media attention or harassment from a journalist working for a newspaper or magazine, you can contact the Independent Press Standards Organisation on 0330 123 2220
  
  If the harassment is from a radio or TV journalist, you can report them to Ofcom, and many stations will also receive and handle complaints themselves.
  
  Ofcom is also responsible for complaints about media coverage on UK based websites.
  
  Victim Support NI can discuss any of your concerns about media attention before, during or after reporting a crime, and can help you to make your complaint to the correct organisation.