Summary Courts

If you are a witness in a Summary Courts case, you will be asked to come to court either by the prosecution or the defence. Whoever asked you to come as a witness will tell you the date and time you need to be in court. There may be other witnesses in court as well as you.

If you have been called as a witness to a case it may mean that you:

• are a party to the case

• have seen or heard something in connection with the case

• have information about someone who is a party to the case.

What should I do when I come to court?

When you arrive at the courthouse you will have to pass through security.

You should then report to the courthouse reception. The receptionist will tell you which courtroom your matter is in and where to wait.

When it is time to go into court you will be called.

Who will be in the courtroom?

In the courtroom there will be

• the High Bailiff/Deputy High Bailiff/Magistrates

• the defendant

• witnesses

• members of the general public sitting in the public gallery

• advocates

• press (newspapers and radio)

• court clerk

• advocates involved in matters other than yours

• dock officer.

What should I call the judge?

The High Bailiff, Deputy High Bailiff and Magistrates are referred to as "Your Worship(s)".

The chairman of the bench (i.e. the Magistrate in the middle) as "sir" or "madam".

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you. If you wish to be seated in the witness box rather than standing you may be able to gain the permission from the judge to do so depending on your reasons. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher who will then pass them to the judge.

What will I have to do in court?

Once you have been called into court, the court usher will guide you to the witness box. You will be asked to either swear the oath on a Holy Book of your religion, or you can affirm (promise) to tell the truth. If you have any trouble reading the oath/affirmation card the court usher will read it to you, you must repeat what they say.

You will then be asked a series of questions by the party, or the advocate, who has asked you to be a witness on their behalf. Once they have finished then the other party or their advocate will also ask you a series of questions. This is called cross-examination. Try to speak clearly and answer any questions directly.

The first party or advocate will then be given an opportunity to ask further questions. This is called re-examination. Finally the High Bailiff/Deputy High Bailiff/Magistrates may ask you any questions.

When you have finished giving your evidence, you will be told by the High Bailiff/Deputy High Bailiff/Magistrates that you can be excused and you can either leave the court or sit in the public gallery until the court session is finished.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.

You will have received a summons or a charge sheet detailing what you are accused of together with the time and date of your court appearance.

You could appear before the High Bailiff, Deputy High Bailiff or Magistrates, the summons or charge sheet you have will tell you which one.

What should I do when I come to court?

Please turn up to the court on time and, if possible, earlier than the time written on your summons.

When you arrive at the courthouse you will have to pass through security.

Once you have passed through security, you should go to the main courthouse reception. The receptionist will tell you which courtroom your case is in and where to wait.

When it is time to go into court you will be called.

You may wish to see the duty advocate. This is a qualified advocate on hand to talk to you and is free of charge. You should tell the court usher if you wish to speak to the duty advocate. If you have your own advocate and wish to see them, you should tell the court usher and they will arrange for you to see him/her.

When it is time for your case to be heard, the court usher will call your name. You will be shown to the dock by the dock officer, where you will remain while the High Bailiff/Deputy High Bailiff/Magistrates hears your case.

Who will be in the courtroom?

The Summary Courts are 'open' courts. You should expect to see the following people in the courtroom:

• High Bailiff/Deputy High Bailiff/Magistrates

• advocates for you and the prosecution

• media reporters (newspapers/radio, etc)

• court clerk

• court usher

• dock officer

• advocates involved in matters other than yours

• any public sitting in the public gallery.

What should I call the judge?

The High Bailiff, Deputy High Bailiff and Magistrates are referred to as Your Worship(s)

The chairman of the bench (i.e. the Magistrate in the middle) as sir or madam.

How should I behave in court?

Please switch off or silence your mobile phone or pager before coming into the courtroom. Items such as video cameras, tape recorders, radios or other electronic equipment are not allowed in the courtroom.

As this court is an "open court", you must stand while addressing the judge or if they are addressing you, unless you are seated in the witness box. When you are standing, do not fold your arms across your chest or put your hands in your pockets. You must be polite at all times, never shout or use vulgar expressions or interrupt someone else while they are speaking. You must remain calm, everyone will get their turn to speak. Do not interrupt the judge, be aware if you are rude to the judge you may be charged with contempt of court.

If you wish to hand any documents to the judge you must ask for permission. You must then hand them to the court clerk or usher, who will then pass them to the judge.

What happens in the courtroom?

The prosecution and defence advocates will set out their arguments. They may also call and question any witnesses that they want to.

If you wish to give your evidence, you must be sworn in. To do this you will be asked to take the oath on a Holy Book of your religion, or you can affirm(promise) to tell the truth (the court clerk will usually check with you before court which you want to do). You must read aloud from the oath/affirmation card. If you have trouble reading the card, the court usher will read it to you, you must repeat what they say.

The prosecution and defence advocates will then ask you some questions.

• the defence advocate will go first

• the prosecution advocate will then ask you any questions they wish to (cross-examination)

• the defence advocate will then have the chance to ask you any further questions (re-examination)

• the High Bailiff/Deputy High Bailiff/Magistrates will then ask you any questions they wish.

What happens after the hearing?

At the end of the hearing, if you are remanded in custody you will be taken straight to prison. If you are granted bail then you will need to sign a new bail bond before you are allowed to leave the courthouse.

If you are sentenced, the judge will announce and if necessary, explain the nature of the sentence given.

Please be aware that, under section 27(4) of the High Court Act 1991, all court proceedings are digitally recorded. For further information please refer to our In-Court Technology section.