5. Give your testimony
Question & Answer
I’m a witness at a criminal trial. What do I need to know?When it's time for you to , the lawyer will call you up to the front of the courtroom. This interactive courtroom illustration will show you what a typical courtroom looks like and where you will be asked to sit.
If you're appearing by Zoom, you will be brought into the virtual courtroom and unmuted.
You will have to swear an oath or affirmation that you will tell the truth during your . If you swear an oath, you can choose to swear on a religious book like the Bible or Quaran. If you are First Nation, you can choose to swear on a sacred eagle feather.
If you're testifying in person, there will be a microphone on the stand. The microphone records your voice, but it doesn't make you louder. It's important to speak loudly and clearly so the microphone can pick up your voice. The lawyers and the judge usually listen to the recording after you testify to help them make arguments or decide the case.
You can only tell the court about things that you experienced personally. So you can testify about what you saw or felt. And, in some circumstances, you can testify about sounds that you heard, like a gunshot or people yelling.
Examination-in-chief
You will probably be questioned by both the Crown and the defence lawyer. The lawyer who called you as a witness will ask you questions first.
The lawyer who questions you first will mostly ask you open-ended questions. This is called the examination in-chief. These kinds of questions usually start with who, what, where, when, why, and how. These questions are meant to get you to tell the court what you heard or saw in your own words, without the lawyer hinting at an answer.
Cross-examination
You will likely be questioned by the other lawyer next. This is called the . The second lawyer's questions won't be as open ended. Sometimes the other lawyer will choose not to ask you any questions as part of their strategy.
The lawyer may ask you about things you said during your examination in-chief or ask you to explain any differences between what you said in court and any statement you made to police in the past. Don't worry if you said something different in court. Be honest and explain why there is a difference.
The lawyer can also make suggestions that you can agree or disagree with. For example, the lawyer might say “I'm going to suggest to you that it was dark out when you saw the person running from the crime scene”. If you don't agree with their suggestion, say you don't agree. Always give your honest opinion.
Re-examination
After the cross-examination, the first lawyer who asked you questions might ask you a few more questions to clarify something you said in the cross-examination. This is called re-examination.
Tips
Listen to the questions carefully and do your best to answer that question only. If you don't know the answer to a question, don't guess. It's better to say you don't know or you can't remember. If you don't understand the question, tell the lawyer you don't understand. They might be able to ask it in a different way.
If you make a mistake when you're testifying, tell the lawyer that you have made a mistake and correct yourself.
Be polite when you're testifying. Sometimes it might feel like the lawyer is being aggressive or mean. Try to stay calm. If you get confused, you can ask the lawyer to explain what you don't understand. If you get upset, you can ask the judge for a break. Sometimes lawyers ask questions that make you feel uncomfortable. But you have to answer the questions unless the judge decides that you don't.
If you see the other lawyer stand up after you're asked a question, stop talking. The lawyer might be objecting to the question that was asked. This means the lawyer thinks the question isn't appropriate or relevant. If there is an objection, the judge will tell you if you have to answer the question.
If the judge says that you must answer a question but you refuse, you can be charged with contempt of court . Contempt of court is a criminal , and you can be fined or sent to jail for a short time.
When you're finished testifying, you should leave the courtroom or the Zoom call right away. You're not allowed to talk to other witnesses or listen to their testimony unless you have permission from the judge. If you talk to other witnesses without permission, you can be charged with contempt of court.
The decision
Usually witnesses aren't told when the judge makes their ruling. But, if you've been working with VWAP, they will give you updates on the case. VWAP can tell you when the decision is released and if the is going to appeal.
If you would like an update on the case, you can contact the Crown or VWAP on your own.
