Narrator: In this video, Emily and James talk about their experience of being a witness. Each case is different and everyone's experience is different. So please talk to your child and Youth Witness practitioner if you have questions about your case.
James: Hey, Emily.
Emily: Hey, James. How are you?
James: Really good. I haven't seen you in ages. I'm excited to catch up with everyone.
Emily: Yeah, me too. They should be here soon.
James: How have you been? I think the last time we caught up, you'd spoken to the police to report a crime someone had committed against you.
Emily: Yeah, I spoke to the police and they asked me to make a statement, which I did. They recorded me talking about what happened. The police officer investigated and got my phone messages as well as the recording I made to use as evidence. I was worried about what was going to happen next, but the police officer suggested I talk to the Child and Youth Witness office, who were really helpful.
James: Ah, that's great. Did you end up giving evidence in court?
Emily: Yeah, I did.
James: Oh, which court?
Emily: The county court. I was a bit nervous, but I needed to tell the court what happened to me, and it was my chance to explain what happened in my own words.
James: Did you have someone to support you?
Emily: I went with my mom to meet Laura from the Child and Youth Witness Service. Laura said her role was to help me to understand what happens in court and when I give evidence and that she would support me through the process.
We talked about who I would meet before the court hearing and who would be in the courtroom. We talked about things I could do if I was feeling stressed. For me, what worked was having regular breaks and doing breathing exercises.
I had an intermediary, Sally, who made sure everyone in the hearing could understand each other. She helped the lawyers and barristers ask me questions that were clear and easy to understand.
Laura talked to me and my parents about how best to support me. She said I could call or message her if I had any questions or was worried or unsure about something. That was great because I had heaps of questions about what was going to happen. I wanted to know things like what would it be like to give evidence, where I would be and who I would be with, Laura explained:
Laura: Everyone's experience is different and the process is different for everyone. That's why it's really important to talk to someone who can tell you what will happen. Lawyers know about the law and the courts and you can ask them questions. I can talk with you about what to expect when you give evidence and keep you and your parents updated on what's happening at court. Giving evidence is telling the court what happened. You just need to explain what happened to you as you remember it. Most children and young people give evidence from a remote witness room away from the court via video link.
Remote witness rooms can be in court buildings, police stations or other locations. It just means you don't have to be in the courtroom with everyone else. You have a safe place and you connect over the screen. We have remote witness rooms that were specially built to be used by children and young people in Melbourne. You'll be giving evidence from one of these rooms. It'll look very different to a court.
Emily: Then I wanted to know exactly what the room would look like and who I would see.
James: What did Laura say?
Laura: In the remote witness room, there will be a table, chairs, a screen and a camera. You'll be able to see some of the people in the court on the screen. Usually it will be the judge and the lawyers that you can see. The accused person will usually be in the court, but you won't be able to see them on the screen and they're not allowed to speak to you. There's also a screen in the courtroom so that the people in court can see and hear you. Giving evidence from our facility means that you won't be in the same building as the accused person when you give evidence.
Emily: Then I wanted to know what would happen when I gave evidence. Who would speak to me? That sort of thing.
James: Knowing what to expect can help you to feel more prepared.
Emily: Definitely, Laura told me:
Laura: Before you start to give evidence, the judge will speak to you. They may ask your name and how old you are. There will also talk to you about the importance of telling the truth. You will be asked to promise the court that you will tell the truth. This can happen in a few different ways and we'll talk more about that as we prepare you for court. In most cases, the recording you made with police will be played to the court and you'll be asked questions by lawyers from the prosecution and defence. I will be there to support you on the day you give evidence. I will also support you during legal conferences, which are meetings with the lawyers and the police.
I can help you to ask questions and to understand the legal terms used. If you have questions before or after a legal conference, you can always call or message me.
Emily: I wanted to know if I would get into trouble if I couldn't remember the answer to a question. It was quite a while between when it happened and me going to court to talk about it. There were some hearings where they decided which court the case would be heard in and things like that, but I didn't give evidence until months after I'd spoken to the police and recorded my evidence, Laura explained:
Laura: Before you give evidence in court, you'll watch the recording made with police. When you're answering questions in court, it's OK. If you can't remember something, just say you don't remember. You can say I didn't understand that question, or please ask a question again, because you'll have an intermediary there too. You can let the intermediary know if you don't understand the question or if it's confusing.
The lawyer will then ask the question in a different way. It's OK to ask for a break when you need one.
James: How did you feel after you gave evidence?
Emily: I felt relieved it was over, but also quite proud of myself. I was really glad that I was able to give evidence without seeing the accused person. In my case, they were found guilty. I decided to do a victim impact statement to tell the court how the crime had affected me. Laura supported me to write the victim impact statement in my own words. She sat with me while I wrote it, and I was able to ask her questions about what I could put in it.
I chose to watch the sentence hearing. Laura told me about what would happen at the hearing, went with me and explained to me what the decision meant.
James: That's really great. I don't think I've told you, but I've given evidence before too. I saw something happen to my friend and I told the court about it.
Emily: Oh really? I had no idea. Where did you give evidence from?
James: From a remote witness room in Latrobe Valley Magistrates Court. So while I was in the same building as the accused person, I wasn't in the court with them and I didn't see them. Sophie from the Child and Youth Witness Service taught me through what to expect and worked with the lawyers and police officer to keep me updated on the case. Sometimes we talked online or on the phone, but she also met me in person. Like you. I told the police what I saw and they recorded it. I watched the recording on the day before I gave evidence, and on the day I gave evidence Sophie met me and my dad and we walked to the court together.
Emily: I'm glad you had support. I found that I needed some support after everything that happened. So Laura referred me to a counsellor, which has been very helpful,
James: It can help to talk things through. Here are the others. Hey, great to see you. Hey, so what's next?
Narrator: In this video You have heard Emily and James tell us a bit about their experience at court and working with the child and Youth Witness service throughout the Criminal Court process. Everyone's experience is different. Watching this video may raise feelings that you might like to talk through with someone.
There's a list of resources in the Getting Help section of this website.
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