The Trial

To be convicted of any offence, the case against a defendant must be proved ‘beyond reasonable doubt’.  The judge or jury must listen to all the evidence, and a majority must decide that there has been enough evidence presented at court for the defendant to be found guilty.

The trial begins with the prosecutor outlining the facts of the prosecution’s case to the court.  They will then call each witness in order.  Before giving your evidence you must take an oath or promise to tell the truth.  If you are aged over 14 and under 18, you will be asked to promise to tell the truth.

Any special measures that have been ordered by the court for you will be set up by the NICTS.  Someone from the Witness Service can go with you to the courtroom or the live link room when you give evidence, where this is possible and permitted by the court.

The Public Prosecution Service (PPS) prosecutor and/or the defence counsel will ask you about what happened.  You will be given a copy of your statement beforehand to read and refresh your memory.  As a witness for the prosecution, you will be asked questions first.  You will be asked questions by the prosecution to take you through the details you gave in your statement.  The defence will then ask some questions, and it is their role to test the strength of your evidence.  This is known as cross-examination.  The prosecutor can seek the court’s intervention if they believe the questioning to be inappropriate or aggressive.  It is up to the judge to make sure the trial is conducted in a fair and just manner.

The judge may ask you questions at any time.

After the prosecution witnesses have been cross-examined, witnesses for the defence will be asked questions by their solicitor or barrister, and then be cross-examined by the prosecution.

You will be required to wait at court until you are called to give evidence.  The length of time you have to wait depends on the progress of other cases, but the PPS representative should indicate how long you may have to wait before giving evidence and update you regularly during the day.