Common questions from witnesses
Q. How is a court date decided?
The prosecutor and the defence lawyer will tell the court how long they think the trial will take, and how many witnesses will have to give evidence. If the case is long and complicated, it may not be possible to list it for trial at that hearing, because more work has to be done. If this is the case it will be listed for trial at a later court hearing, once everyone is ready to proceed.
The court will then endeavour to fix a date for trial that is convenient for all witnesses, although this may not be always possible especially if it will result in a long delay to the trial date.
Q. Are there hearings before the case gets to trial?
There may be a number of hearings to deal with legal issues before the trial begins. These hearings could relate to the admissibility of evidence, name suppression or other issues to do with the trial.
Generally speaking, more complicated cases will take longer to get to trial. These will also require more hearings beforehand, because the prosecution and defence have more preparation to do. It is unlikely that you will have to attend these hearings. But if you are required, you will be notified in advance.
Q. Can I claim expenses for attending court?
The SFO officer in charge will provide you with a Ministry of Justice expense claim form.
This sets out what you can claim for, including expenses for travel (if we have not arranged this for you).
Q. How long will the trial go on for?
There are many things that influence the length of a trial so it’s impossible to say. The majority of SFO cases are large and complex and involve many witnesses, meaning the trial may go on for weeks. If the case continues for weeks or months, you won’t be expected to attend court for the entire period. (You will normally only have to attend court on the day that you have to give evidence.)
Q. How do I find out about the verdict?
The SFO officer in charge will inform you of the verdict, which should also be available on the SFO website.
Q. What influences the sentences handed down to defendants?
On sentencing, a judge will take into consideration the age of the defendant, their background and criminal history, whether or not they pleaded guilty, whether they have paid any reparation and whether they have shown any remorse.
Aggravating factors such as the impact on victims, the duration of the offending, level of trust that has been abused and continuation of offending during the investigation or prosecution can also be taken into account.
Q. Can the defendant appeal against the verdict?
An offender can appeal against the sentence or conviction or both. If the defendant is convicted and appeals the conviction, the entire trial may need to be heard again, meaning you may have to give your evidence again. If it is only the sentence in dispute, a judge may consider the appeal and decide whether to change the sentence or not.
