You have been called as a witness because you have important knowledge about a case.
You are making a necessary and valuable contribution to our system of justice by appearing as a witness in court. Justice cannot be done without witnesses providing evidence for the court to act upon.
This leaflet attempts to answer some of the questions you might have about being a witness. It also gives you information about support services.
Think about the event or events you will be giving evidence about. What happened first? What happened next? Try to remember details like dates, times, descriptions, actions and exact words used. Do not discuss your evidence with other witnesses.
Read the statement you gave to police. If you do not have a copy of your statement, you can ask the police officer involved in the case or the DPP lawyer for a copy.
Bring any statements, notes or documents you have about the case with you to court. When you get to court, tell the DPP lawyer what statements, notes or documents you have brought with you.
The police or the DPP lawyer may have arranged for you to meet at a particular location. If no arrangements have been made, when you get to court, go to the court office or inquiry counter and ask where you should wait.
Do not discuss your evidence with other witnesses.
Usually the DPP lawyer will see you before you are called to give your evidence. If you have not seen the DPP lawyer or the police officer involved in the case by 10am, ask at the Sheriff's Office, the court office or the inquiry counter.
Every effort will be made to ensure that you are not inconvenienced more than is necessary, however, be prepared to wait. We appreciate that your time is valuable and that a long wait can be inconvenient, but delays often occur.
If you require special care or feel threatened in any way, tell the police officer or the DPP lawyer.
Courts usually sit from 10am to 4pm, with a break of approximately 15 minutes for morning tea and between 1pm and 2pm for lunch.
Someone will call you when it is your turn to give evidence. You will then be shown to the witness box at the front of the courtroom.
A court officer will read out the oath and ask you to swear to tell the truth on the Bible or Koran. If you do not wish to swear on the Bible or Koran, tell the court officer when the Bible or Koran is handed to you and you may make an affirmation.
You will then be asked to say your name and occupation. If you do not wish to state your address in public, tell the DPP lawyer beforehand, otherwise you may also be asked to give your address.
The Crown Prosecutor or DPP lawyer will ask you questions about what happened. The accused's lawyer will then "cross examine" you by asking you additional questions. The Judge or Magistrate may also ask you questions about your evidence.
Judges sit in the District and Supreme Courts and are addressed as "Your Honour".
Magistrates sit in the Local Court and are addressed as "Your Worship".
If you find understanding or speaking English difficult speak to the DPP lawyer or the police officer involved in the case as soon as possible. He or she will arrange for an interpreter.
If you have a disability or special needs for giving your evidence please inform the DPP lawyer, Witness Assistance officer of Police officer
When you give your evidence in court:
Consider each question before you answer.
If you do not understand a question, please say so.
Remember to take your time so you can give a complete answer. Do not guess. If you are not sure about an answer, just say so.
Do not say what someone else has told you unless you are asked.
Speak clearly so that your evidence can be understood. The microphone in front of you only records your voice, it does not make it louder.
After you have given your evidence and are excused by the court, you are free to leave. You may stay in the courtroom if you wish, unless you are expected to give evidence again later in the proceedings.
Sexual Assault Cases
There are special protections and arrangements available for victims of sexual assault offences. For details of these, speak to the DPP lawyer handling the case or the Witness Assistance Service.
You will be paid, in accordance with a set scale, as a contribution towards loss of wages, travelling and related expenses.
After you have given evidence, a police officer will take you to the court office and arrange payment of witness expenses by filling out a witness expenses claim form. The current witness expense rates are set out on that claim form.
If you have any questions about your appearance in court, your evidence or anything else to do with the case, talk to the DPP lawyer handling the case.
If you still have questions or feel confused or anxious about anything to do with your court appearance, ring the DPP Witness Assistance Service referred to below.
If you change your address, please tell the DPP lawyer and the police officer involved in the case your new address and telephone number.
The DPP lawyer or police may contact you to arrange a meeting to discuss your evidence with the DPP lawyer and Crown Prosecutor.
Telephone: 13 14 50
The DPP Witness Assistance Service
The DPP has a Witness Assistance Service which is available to all prosecution witnesses including victims of crime and is designed to provide you with information and support.
Cur witness assistance staff are available to help you. They can be contacted at the office handling the case you are involved with.
Sydney (02) 9285 2502
1800 814 534 (toll free)
TTY (02) 9285 8646
Parramatta (02) 9891 9800
Bathurst (02) 6332 2555
Penrith (02) 47216100
Newcastle (02) 4929 4399
Lismore (02) 66272222
Wagga Wagga (02) 6925 8400
Campbelltown (02) 4629 2811
Gosford (02) 4323 2556
Dubbo (02) 6881 3300
Wollongong (02) 4224 7111
The New South Wales Office of the Director of Public Prosecutions, (DPP), prosecutes criminal offences against the laws aŁ New South Wales. The DPP employs lawyers to prepare and prosecute cases and also uses barristers called Crown Prosecutors to prosecute in trials.
The DPP wants to provide a quality service and welcomes any suggestions that may improve the way witnesses are treated.
If you have suggestions of feedback about how the DPP may improve the way Witnesses are treated please contact:
- DPP Witness Assistance Service (02) 9285 2502
- Service Relations officer
Locked Bag A8
Sydney South NSW 1232
(02) 9285 8738.- DPP Website: www.odpp.nsw.gov.au
Office of the
Director of Public Prosecutions
265 Castlereagh Street
Sydney NSW 2000
Phone (02) 9285 8606
Facsimile (02) 9285 8600
Toll Free: 1800 814 534
