The explanations below are designed to explain the procedure involved in being a witness in court and to answer some of the most common questions a witness may ask.

The Serious Fraud Office is committed to ensuring that the witnesses in its cases are provided with the fullest possible information and assistance. The Director is extremely grateful to all of you who agree to give evidence in SFO cases. Being a witness is a vitally important public function.

As a witness in an SFO case you will have been given the name of the Case Secretary in the SFO. Do please contact him or her if you have any queries.

If you have lost the Case Secretary's name or have any general questions

To ask, phone the SFO's Public Enquiries number 020 7239 7190 or email public.enquires@sfo.gsi.gov.uk.

Your evidence

A witness is someone who gives evidence to a court during a trial.

SFO cases are criminal cases and the person on trial is called “the Defendant”. The name of the defendant is the name of the case:

“ Regina - v - JOHN BROWN “

Your evidence will consist of facts - things you know about or have seen or heard or experienced. The court needs to hear from people with personal knowledge of the facts of the case, to enable it to decide whether or not a defendant is guilty of the offences he has been charged with.

You will probably already have been asked to write and sign a Witness Statement for SFO investigators. You may also have provided documents or copies of your documents that have a connection with the case (these are called your Exhibits).

Your evidence may be given verbally, in open court to the judge, jury, defendant and lawyers; or

Your Witness Statement and Exhibits will be read to the court (without you needing to be present).

You may already have had a letter from the Case Secretary telling you where and when the case is going to court.

If you are unsure whether you need to go to court at all - contact the Case Secretary.

If you have not yet signed a Written Witness statement but have been interviewed or contacted by SFO investigators some time ago; contact the investigators. It may be that your evidence is not needed after all.

Preparing to come to court

• You may have made your witness statement some time ago and it may deal with complicated matters. If you feel that you need to refresh your memory by seeing a copy, please contact the Case Secretary.
• It is important that you do not try to recall your evidence by talking to other witnesses about it. If you know other witnesses already, please be careful not to discuss the case with them. This could in certain circumstances amount to a criminal offence
• If anyone asks you, or has asked you, about your evidence, contact the case secretary at once. In very rare cases you may be asked to give a statement, before the trial, to the lawyers acting for the Defendant.
• If you have reason to be worried about meeting the Defendant, his or her relatives, or any other person, while you are at court, you should inform the case secretary.
• If your English is not good and you would like an interpreter, contact the Case Secretary
• If you have any disabilities or special needs, please contact the Case Secretary
• If you have never been inside a court before and would like to arrange a visit beforehand; contact the Case Secretary. Many local Crown Courts have open days and guided tours which you are free to join.
• You will be repaid your travelling expenses when you have given your evidence.
• If you are travelling from abroad, discuss your needs with the Case Secretary. You may be asked to bring all original exhibits with you to court. You will be allowed to take these into the courtroom with you, but you will NOT be able to take your Witness Statement with you. Do NOT bring anything else with you to court unless asked to do so; but if you have any other documents you think might concern the case, tell the Case Secretary.

Arrival at court

• When you arrive at the Crown Court, please look at the list of cases, which will be displayed on a Board inside the entrance hall.
• The case will be listed under the name of the defendant as “R v (defendant's name)”, with the number of the court where the trial is being heard. Alternatively, you could ask a member of the court staff to help you.
• You should wait at or near the door of the numbered court. The name of the case will be on the wall by the door. The Case Secretary will be expecting you and will introduce him/herself to you.

Do not go into court until you are called. Normally, witnesses are not allowed to observe any part of the trial, until after they have finished giving their evidence.

Please do not talk to other waiting witnesses about the case

Every effort will be made to avoid you having to wait at court for a long time, before you are called to give evidence. However, delays can happen and can be affected by a number of matters that are outside our control. Our aim is to ensure that no witness is required to wait for more than two hours. We will do our best to achieve this and will ensure that the case secretary at court keeps you informed of the reasons for any delay and its likely length.

Many courts have a Witness care centre, staffed by volunteers who will help to make your wait more pleasant.

Court procedure

When the court is ready, your name will be called by the usher and he or she will show you where to stand.

You will be asked to confirm your full name and address. If you do not wish your address to be given in open court, discuss your reasons before court with the Case Secretary.

You will be asked to take an oath or affirm that the evidence you give will be true.

Christians, for example, are required to swear on the New Testament. However, every court has arrangements in place to ensure that witnesses of different faiths can take the oath in a form that is appropriate for them. Alternatively if you wish you will be allowed to affirm instead of swearing an oath. If you have any concerns about this you should let the Case Secretary or the court usher know.

Giving evidence

After you have taken the oath:

• First you will be asked questions by SFO prosecuting counsel. This is called "examination in chief".
• Next you will probably also be cross-examined by defence counsel. Don't worry if you are not asked any questions by the defence - this only means they to do not dispute any part of your evidence. Finally you may be re-examined by prosecuting counsel.
• It is also possible that, at any time, the judge may ask you questions. He or she should be addressed as 'Your Honour', or if he or she is a High Court Judge, as 'My Lord' or 'My Lady'. We will advise you which form of address is appropriate.
• Take your time and speak clearly, so that the Judge, the jury and counsel can hear you. If you do not fully understand a question, you should not be nervous about saying so. Ask for it to be repeated.

Everyone involved in the trial process, including counsel and the judge are concerned to ensure that witnesses are given the opportunity to give their evidence fully and fairly.

If you encounter any difficulties whilst giving your evidence, for example if you feel unwell and need to leave the court, or you need a chair or some water, you should ask the judge.

If you wish to correct something you have said earlier, or if you believe that you need time to refer to any documents, before you answer a question, please do not hesitate to inform the judge.

If there is a break during your evidence (e.g. for lunch) the judge will warn you not to talk to anyone about the case during the break. You will have to have lunch on your own.

After giving evidence

If you would like to stay and listen to the trial after you have given your evidence, you should ask the Case Secretary who will tell you if there is any reason why it would not be advisable. For example, if there is any reason why you might be recalled at a later stage of the case, you would be asked to leave court directly after you have given your evidence.

After you have given your evidence, please be careful not to discuss the case with any witnesses who have not yet been called.

The Case Secretary will hand you a Witness Expense Claim form. You will be entitled to reimbursement of any travelling, any loss of earnings, or other expenses you have incurred in coming to court. The form will explain your entitlement to you. It would be helpful if you could obtain and keep receipts for any expenses. You should receive payment for your claim within 14 days.

The Serious Fraud Office is grateful to you for your time and trouble in attending court. Fair and open trials are a cornerstone of our criminal justice system. Your contribution to the process, as a witness, is vital. If there is anything about the procedure that worries you or that you do not understand, please contact us.