A witness's role in court cases

• Be a victim of a crime.
• Have seen or heard something in connection with a crime.
• Have information or documents about the accused.
• Have information relating to the victim of a crime.

Your role as a witness

Being a witness is very important in the criminal justice process. Your evidence will help the court decide whether the accused is guilty of the crime they are being charged with.

It is compulsory for you to attend court when you are issued a Summons to a Witness⁽¹⁾.

When giving evidence in court, your duty is to answer truthfully the questions posed to you by the accused (if they are self-represented), lawyers, prosecutors and the judge. You must never:

• Change your evidence to benefit anyone.
  • Your lawyer (if any) can help to prepare you for a case by explaining the court process, clarify and structure your memories of the case but should never tell you what to say in court.
• Influence the evidence of another witness.
• Discuss the case with anyone other than your lawyer, if any.

• Be involved in the issues arising in a dispute between parties.
• Have seen or heard something in connection with the dispute.
• Have information or documents in your possession, custody or power which are relevant to the case.
  • A document is considered relevant if a party relies or will rely on it in court and it could adversely affect their own case, adversely affect another party’s case or support another party’s case.

Your role as a witness

Being a witness is important in the civil and family justice process. A party may rely on your information to be used as evidence in court. This evidence will help the court decide on the judgment or order they may make in favour of, or against, the party.

It is compulsory for you to produce the necessary documents or attend court if you have been issued a subpoena, an order to attend court or an order to produce documents to do so.

Giving evidence through Affidavits of Evidence-in-Chief

Affidavits of Evidence-in-Chief (AEICs) are sworn statements containing your own account of the facts relating to the disputed issues in a civil or family case. AEICs will stand as your testimony and you may be cross-examined on your AEIC by the parties involved in the case or their lawyers (if any) in a hearing or trial.

In general, the party who is calling you as a witness or their lawyers will meet with you to prepare your AEIC. The party or their lawyers (if any) are then required to exchange your AEIC with the other party or their lawyers prior to the hearing or trial.

As your AEIC constitutes your evidence in court, it is important for you to be true and accurate in describing the facts in your AEIC. Contempt of court proceedings may be brought against you if you are found to have made false statements in your AEIC.

The party who is calling you as a witness or their lawyers (if any) can help to prepare you for a case by explaining the court process, clarify and structure your memories of the case but should never tell you what to include in your AEIC or say in court.

Refer to:

• For Supreme Court:
  • Paragraph 76 of the Supreme Court Practice Directions 2021 for witnesses.
• For State Courts:
  • Paragraph 58 of the State Courts Practice Directions 2021 for witnesses.
  • Paragraph 115 of the State Courts Practice Directions 2021 for witnesses (including the accused person) giving evidence through live video or television link.
• For Family Justice Courts:
  • For filings commenced on or after 15 October 2024:
    • Part 13D of the Family Justice Courts Practice Directions 2024 for witnesses.
  • For filings commenced before 15 October 2024, refer to:
    • Paragraph 108 of the Family Justice Courts Practice Directions 2015 for witnesses.