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Going to court
Knowing what it could be like before you go can help you feel more comfortable and confident. Find out more.
What it means to go to court
There are lots of different types of courts. Like criminal courts or family courts. All courts are slightly different and deal with different issues. If the police think that someone has broken the law, that person usually has to go to a criminal court.
Criminal courts decide whether the person has broken the law. If it's decided they have, the court will decide on how they can be punished.
Family courts are where decisions are made about divorce or where children are going to live if their parents split up.
Things to remember about going to court:
- it's pretty normal to feel scared, stressed or even depressed about appearing in court
- if you're worried, you can ask an adult for help, or call Childline and we can help
- if you're ever not sure what someone in court is asking you, it's okay to ask them to say it again.
Words you might hear in court
If you're worried about going to court, it might help to learn some of the words used so you can better understand what's going on.
Crown Court
In this type of court, the judge is in charge of the trial or court case. Some people in a crown court may wear certain clothes, like a special wig and a gown. They also use a jury, which is made up of 12 adults who don't know anybody involved in the case.
Defence lawyer
This is the lawyer who helps the defendant (the person who is accused of breaking the law) and makes sure their side of the argument is heard by the court.
Defendant
This is the person who was accused of breaking the law. Usually the whole point of a court case is to decide if the defendant is guilty (which means they did commit a crime) or not guilty (which means they didn’t commit a crime).
Evidence
This is anything that helps the court find out what really happened. It could be something the police found or something a witness said about what happened.
Jury
This is a randomly selected group of people who come together just for a court case. The jury is usually made up of about 12 people. They listen to the whole court case and then go away to decide together if the defendant is guilty or not.
Magistrates' court
In this type of court, a magistrate is in charge instead of a judge. They are usually less formal – so they might not be wearing a wig or a gown. They usually deal with less serious crimes.
Registered Intermediary
This is a person who can help you understand the questions you will get asked in court. They can also help other people in court understand your answers if you have trouble explaining things.
Prosecutor
This is the lawyer who argues that the defendant is guilty of breaking the law.
Sentence
If the jury is sure that the defendant committed a crime, it’s the judge’s job to decide what happens to the defendant. The judge decides what the punishment should be – for example the defendant might go to prison or may have to pay some money as a fine. The punishment is called the sentence.
Trial
This is the same thing as a criminal court case. It is when everyone comes to court to work out what happened and whether the defendant broke the law or not.
Verdict
This is the decision made by the jury. They go into a room together and decide if the defendant is guilty or not guilty.
Youth court
If the person who may have broken the law is 17 and under, they go to a youth court. A magistrate and two other people are in charge.
WHAT DOES 'TAKING AN OATH' MEAN
In England, Wales, Scotland and Northern Ireland, if you are aged 14 or over, you will be asked to take the oath before you answer questions in court, This means you promise to tell the truth. The person that asks you to do this is called a 'court usher'.
Before you go into the courtroom, tell the court usher (or court staff) if you:
- have a religion and what holy book you use
- aren't religious so you can make a different promise that doesn't mention God
- have difficulty reading, so the usher will say the words first and ask you to repeat them.
If you are under 14 you will not be asked to take the oath but you will be asked to tell the truth.
In Northern Ireland, it works slightly differently - the court staff will always read out the oath and ask you to repeat it.
What happens in court
I am a victim of a crime and I have to go to court
Going to court if you are a victim can be really scary. But you’re allowed certain things to make it a bit easier for you. You can ask for ‘special measures.’ For example:
- you may be able to have a screen around the witness box so you don’t have to look at the person who committed the crime against you
- you may be able to give evidence from a special room via a video-link, so you don’t have to be in the courtroom with everyone else
- the judge could take off their wig and gown to help you feel more comfortable
- you could have an ‘intermediary’ to help you understand the questions that are being asked.
You can also ask to see the courtroom before the actual trial. This can help you feel more comfortable with what will happen.
When the lawyers ask you what happened, you just need to tell them the truth. If you’re not sure about any of the questions, it’s okay to say so.
You can also read Going to Court and 'The Victim's Code: U18s' - these are both guides to help you get ready for going to court. If you've been a victim of crime, you can always talk to Childline at any time to get more help and support.
Being a witness and giving evidence in court
A witness is somebody who saw a crime (or knows something about what happened). A court needs to know as much as possible about a crime that might have happened – so they can find out if the person accused of committing the crime really did it or not. Witnesses are really important because they help the court find out what happened.
Being a witness and talking in court can be scary – but try and remember these things:
- you are not there to solve the crime or explain everything that happened – you just need to talk about what you saw or what you were told
- sometimes there will be lots of other witnesses as well and it’s likely that they will be feeling nervous too
- each witness just talks about what they saw and the jury (the group of people who decide if the defendant is guilty or not guilty) can work out what happened
- if someone in court is asking you a complicated question, it’s okay to tell them that you don’t understand.
You may be able to use 'special measures' if you prefer. For example, you may be able to give evidence by live video-link. You can also ask to visit a courtroom before the day of the trial – this can often help people feel less nervous about the situation.
Download 'Going to Court'. This is our guide on what a trial is like. You can also read 'The Victim's Code: U18s' to help you get an idea of what court will be like.
How you can prepare to answer questions in court
Giving evidence in court (whether you're a victim, defendant or a witness) can seem scary. It's okay to feel worried about it - but there are things you can do to help prepare and feel more confidence about going to court.
Remember these 3 things in court:
- listen to each question carefully
- give an honest answer to every question
- if you don't understand a question, it's always okay to ask the person to repeat it.
It's also okay to keep saying, "I don't understand" - even if the question has been repeated. If you are asked lots of questions really quickly, it's also okay to say, "Can you ask one question at a time, please?" You could also ask the person to speak more slowly.
If someone asks you a question but you don't know the answer, that's okay. Just say that you don't know.
If you do know the answer, try to speak loudly and clearly. Sometimes you might be asked the same question over and over again. This doesn't mean you gave the wrong answer.
Remember to explain what happened to you, or what you saw happen to someone else, in your own words. If you make a mistake or forget something, don't worry - just tell the judge.
Being a defendant in court
If you are the defendant, at the start of the trial you will have to plead guilty or not guilty to the crime you are accused of committing. This means you have to tell the court if you accept the charge you are up against or not.
You will have a defence lawyer in court to help you and make sure everyone in court hears your side of the argument.
The prosecutor is a lawyer who argues that the defendant is guilty. This lawyer may ask you a lot of questions. If you don't understand the question or want them to repeat it, it's okay to say so.
After the defence lawyer and the prosecutor have both made their arguments, the jury decides if the defendant is innocent or guilty. If the defendant is guilty, the judge then decides on the punishment. Sometimes the judge decides on a punishment on a different date.
I have to give evidence in court against someone in my family
Having to give evidence against a family member can be really upsetting and confusing. It could make you feel guilty because you love the person but know they have done something wrong.
Remember that by telling the truth about something that happened, you are not doing anything wrong. If someone in your family has done something like sexually abused you, it’s important to tell the truth about what happened. Telling the truth will help the police and the court stop them from abusing you or other young people. Giving evidence can help you to stay safe and get support with what you’re going through.
Talking about your family in court can bring up a lot of different feelings. But remember you can always talk to a counsellor to get more support with this.
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Understanding the process
What happens in a trial
A trial is when different people (like a judge and lawyers) come together in a courtroom to decide whether somebody committed a certain crime or not.
The prosecutor is the lawyer who tries to prove that the defendant (the person on trial who may have committed the crime) is guilty of breaking the law. The defence lawyer argues that the court can't be sure that the defendant did what they are accused of.
The jury is made up of members of the public who have normal jobs. They come together just for the trial. Both lawyers (the prosecutor and the defence lawyer) make their argument to the jury. The lawyers do this by showing evidence (this could be anything, like a photograph or something that the police found).
The lawyers will also talk to witnesses and ask them questions in front of the jury. A witness is someone who may have seen something to do with the crime.
After both lawyers have each made their argument, the jury goes away to a separate room and decides if the defendant is innocent or guilty.
If the jury comes back and decides that the defendant is guilty, the judge then decides on the punishment.
The difference between a youth court and an adult court
A youth court is for defendants under 18. The court is more relaxed than an adult's court, for example, you will be called by you first name. If you go to a youth court, you need to have a parent or guardian with you. A court for adults is known as a Magistrates' court. Or for serious cases there is the Crown court.
Other helpful sites:
The Mix has legal information that's easy to understand.
You & Co helps young people cope with the effects of crime and has advice about what happens in a courtroom.
Coram Children's Legal Centre provides free legal advice for young people.
Citizens Advice Bureau has information about the law, police, anti-social behaviour and legal aid.
Cafcass helps young people and families with court support. Their site also has stories from children who have been to court.
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