OAKNet: Abuse of Older Adults - GOING TO COURT

Index

Going to Court

Who is in the courtroom?

Some tips if you are a witness

What should you remember when testifying?

Preparing for the trial

If you do not show up to testify

How much time is involved?

Some tips if you are a witness

Arrive 15 minutes early and let the Crown Prosecutor know that you have arrived.

Once the case begins, all the witnesses will be instructed to leave the courtroom. This is called an order of exclusion.

If you are asked to leave the courtroom make sure that you stay just outside the courtroom so that you are easy to find when it is your turn to testify.

The Crown Prosecutor will call a witness first; then the defense will call its first witness.

You may be the first one called to testify.

The accused may plead guilty before or during the proceedings.

The court may be delayed for a number of reasons; you may ask the Crown why.

What should you remember when testifying?

It's important to remember that if you do not know the answer to a question you should not try to guess. Say "I do not know" or "I do not remember".

If you do not understand a question, ask for it to be rephrased. Speak clearly and loudly.

You must always respond verbally. The court records only verbal responses. When saying yes or no, you must use those words rather than nod or shake your head.

Do not discuss your testimony with others. You may discuss your case with the Crown Prosecutor and police, but no one else.

If you make a mistake, let the Crown Prosecutor know.

It is recommended that you look your best when testifying.

You will be required to take an oath. If for religious reasons you can not, let the Crown Prosecutor know in advance.

You have a right to review your police statement before you testify. If you do not have a copy, you can obtain one from the Crown Prosecutor.

It is okay for you to ask for something you need, for example, tissues, glass of water, or use of the washrooms.

It is the defense lawyer's responsibility to ask many questions to determine the accuracy of your testimony. This is called cross-examination. The defense lawyer might suggest something that you, the witness, partially agree or disagree with. You can explain to the judge which part(s) you agree and disagree with. Try not to get too distressed if it sounds like you are not being believed.

Preparing for the trial

Get a copy of your statement and read it over.

If you made any notes at the time of the assault, ask the Crown Prosecutor if you can bring them with you to court.

Go over the events in your mind and try to place them in order. Make sure you remember the date, time, and place of the assault.

You can arrange a meeting with the Crown Prosecutor before the trial.

Let the Crown Prosecutor know ahead of time if you need a translator or an interpreter.

Take the subpoena and any other important documents with you to the meeting with the Crown Prosecutor. A subpoena is a court document that requires or compels a witness to attend.

If you do not show up to testify

If you stay away from the trial on purpose, you could be charged with a criminal offense.

If you do not obey the court document known as subpoena, you can be found in contempt of court. The judge could issue a warrant for your arrest.

If you do not want to testify, speak with the Crown Prosecutor ahead of time and before you are subpoenaed.

How much time is involved?

The trial may take several hours.

More serious and complicated trials can take several days.

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Updated: October 1, 2003
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