If you have relevant evidence in a criminal case, you may be asked to testify in court as a witness. As a witness, your job is to help the judge and or jury reconstruct the events surrounding the alleged offence. This article contains information to keep in mind if you are ever called to testify as a witness. When you testify you will do so in a question and answer format. The Crown Attorney and criminal defence lawyer will take turns asking you a series of questions. The lawyers may ask you any question as long as it is relevant to an issue in the case. When you are testifying, it is not necessary to volunteer information; you are only obliged to answer the questions put to you. The most important duty of every witness is to tell the truth. Before you testify, you will be asked to swear an oath or make a solemn affirmation that everything you are about to tell the court is true. Remember that you cannot be charged with an offence based on anything that you say when testifying in a court of law. In the context of a trial, telling the truth means more than refraining from telling a deliberate lie. Be careful not to "fill in" any gaps in your memory or unknown details. If you are in doubt about a fact, it is always better to tell the court that you are unsure or that you do not remember, rather than guessing. If you are asked a question about time or distance, and you are not sure of the exact answer, be sure to tell the court that your answer is your "best estimate". The opposing lawyer may try to convince you to vary your estimate. For example, if you estimate that you were at a particular place for one hour, the opposing lawyer may ask if it could have been more or less than an hour. If you are confident in your estimate you should express that. For example, you could say, "yes, it is possible that it was more or less than an hour, but I am fairly confident that it was close to one hour". If you are certain about any aspect of time, you should express that certainty clearly. For example, you could say, "it may have been slightly more or less than an hour, but I am sure that it was no more than one and a half hours". If you have reason to back up your estimate you should also indicate that to the court. For example, you could say, "I am sure it was no more than one and a half hours because I had work at four o'clock, and I clearly recall being on time for work that day". It is important that you refrain from answering a question until you are sure that you understand it fully. Do not be afraid to ask for clarification or ask that the question be rephrased. Feel free to take time to think before you answer to ensure that you are answering the question correctly. It is important to take the time to make sure you understand the question and formulate an accurate answer that avoids falling into any "traps" set by the lawyer. If you do not know the answer to a question, say so. Do not guess or agree with the lawyer examining you just to avoid looking ignorant or disagreeable. The opposing lawyer may ask you whether you discussed what you were going to say with anyone before testifying. It is okay to say that you have. The opposing lawyer may try to suggest that a friend, fellow witness, or lawyer instructed you on what to say. If you asked whether the attorney instructed you to say anything, you should say that he or she told you to tell the truth. At some points, the opposing lawyer may point out that your story is not consistent with the facts related by other witnesses. Stick to your story. Let the court work out any inconsistencies. These inconsistencies are inevitable. If you are telling the truth and you are confident in what you are saying, the judge or jury will not be swayed by minor inconsistencies. If, during the course of your testimony, you realize that you have made a mistake or misstated an answer, tell the lawyer questioning you as soon as possible. If you realize that you made a mistake after you are finished testifying, make sure to tell the Crown or criminal defence lawyer as soon as possible; they may be able to recall you so that you can rectify your mistake. During your testimony, the judge will not only be listening to what you say, but also observing your facial expression and demeanor to assess whether or not you are telling the truth. It is important to speak loudly and clearly. Your demeanor is also important. Try to be courteous and polite at all times. This is a good way to endear yourself to the judge and jury. Be sure to say "yes sir" or "no ma'am" and to call the judge "Your Honor". If there is a jury, making eye contact will help the jury feel a connection to you. Try not to get angry or upset when you are cross-examined by the opposing lawyer. If you are angry, you are more likely to speak without thinking, make a mistake, or appear disagreeable in the eyes of the judge and jury. As a procedural matter, if one of the lawyer objects during your testimony you should stop speaking until the judge directs you to continue. If the objection is "sustained" you do not have to continue answering the question; if it is "overruled" you must answer the question. If you become ill or uncomfortable during your testimony do not continue. It is very important to be clear headed and free from distraction while you give your evidence.
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If you have relevant evidence in a criminal case, you may be asked to testify in court as a witness. As a witness, your job is to help the judge and or jury reconstruct the...
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