Question for Brits about being a witness

[RivkahChaya]

MODS: This might belong in Pub Talk, but since it's a question about the UK legal system, I thought I'd put it here. Please move, if I put it in the wrong place.

Every time I see a law show or movie, including pretty recent ones, like L&O: UK, with courtroom scenes, the witness is always standing up in the witness box. I can't help thinking that could be really uncomfortable for someone who had difficulty standing, or for someone whose testimony went on for a while. I used to work as a sign language interpreter, and for jobs that lasted more than an hour, it's standard to have two interpreters (there are cases where you aren't interpreting the whole time, in which case you might be by yourself for several hours, but that's different; I'm talking about a continuous lecture). Even when I had a chair, it was exhausting to go on longer, when I sometimes got "stuck" because the other interpreter didn't show up; even when I was standing, I got to shift my weight, and step around a little.

I always think it looks like the court is trying to make it tough on the witness.

But I've never been in a real British courtroom, and come to think of it, I'm not sure I've seen a courtroom drama that wasn't supposed to be in the Old Bailey. Maybe standing up is just something that happens in the Old Bailey.

Anyway, here, witnesses sit, even witnesses who testify briefly. Witnesses who can't walk up steps can sit in front of the usual witness stand, or ask for help up to the regular stand; it's their choice. Witnesses can have water, there's usually a box of tissues, because they sometimes get emotional, they can request breaks, and except when the witness is also in custody of the corrections system, the witness is given lots of accommodations.

What's actually happening in the dramas? Is it just part of the show to make the witness look uncomfortable, and are they treated better in real life? Do witnesses who have long testimony, say, an hour or more, get to sit? What about people who can't stand? It looks like the witness box has a railing that would be to high for a seated person, but then, I don't really know, that's why I'm asking. What if a child testifies? or can children not give testimony in the UK?

[Paddy]

Witness standing

Yes I have noticed on american dramas people sit down.
I was sure a witness could sit in court in the UK but I did have a search and found this on a site called findlaw:-

Appearing in court as a witness

Wherever possible, the court will make allowances for any disability or medical condition you may have. For example, if you cant stand for long periods of time, a chair will be provided.

So it appears a witness stands, unless it would cause them discomfort.

I agree with your comments "I always think it looks like the court is trying to make it tough on the witness" it would be just as easy to only stand for the swearing on oath. Its all very ritualistic, I suppose to show the power of the law....
Paddy

[Steve S]

I think it's a "showing respect" thing.....?

[Carrotty Nell]

My colleague had to give evidence in a magistrate court as a witness when she was seven months pregnant. She was given what amounted to 'special permisson' from the Chair of the Bench to be seated.

[RivkahChaya]

Hmm. Sometimes in the US, expert witnesses testify for long periods of time. Also, sometimes the defendant can choose to testify in narrative form, which means that he gives his own account of the crime, rather than be asked questions by his attorney. Those can go on for some time. Of course, so can a defendant's testimony even when he is questioned by his attorney, and then by the prosecution.

I wonder if having the witness stand is intended to influence the witness to keep answers brief.

If it's unavoidable that a witness will have long testimony, are they allowed to sit?

Also, I have never seen visual aids used in a courtroom drama, but again, I've never been in a real British courtroom. The visual aids that are sometimes used, not to mention, things entered into evidence that sometimes must be explained to juries (not like they are stupid, but, sometimes if an unusual murder weapon is brought in, like a lamp used a blunt instrument, and both the defendant's and victim's fingerprints are on it, the expert shows the jury which is which).

I don't mean to come across like a huge expert on the US judicial system, but I've served on a jury in a criminal case, I've given testimony in two different civil cases, and I've interpreted in court several times, not to mentioned watching a few actual court proceeding on television.

I suppose part of it is also trying to force lawyers to treat all witnesses alike, by having the lawyers stand in the same place, and not move around the courtroom, which the lawyers are allowed to do (in my experience, they don't do it as much as they do on TV, but they do, and occasionally, even remain sitting during a cross-exam where they just have one question). Lawyers do try to put witnesses more or less at ease, or even try to intimidate them, if the witness is being uncooperative in the first place. I've seen lawyers be quite patronizing to some witnesses as well.

I don't know that there has even been a study comparing wrongful convictions in the US vs. the UK. I just know I hope I never have to be a witness who has to stand for hours.

[Steven Russell]

I think you can have a chair or a glass of water if you ask for one. One thing I did hear recently which surprised me was that English judges do not have - and never have had - gavels. Is this correct?

Best wishes,
Steve.

[RivkahChaya]

In the US, courts have always been open to spectators*, and fairly popular, particularly before TV and radio. Judges needed gavels to bring order to a courtroom with a lot of spectators. But there's another reason for the gavel, in that when a judge needs to make it clear that a ruling or order is final, he bangs the gavel, and it signals that there is no more discussion. UK judges may have a word they say in place of banging a gavel. In the US, there's been a long history of multilingualism, and it's been handy to have something universally understood as the last word of the judge on the matter. When I received a transcript of something, [gavel] was noted, just like that. I am not a lawyer, but I assume that there could be a technical difference between a judge saying something, and saying the same thing, followed by the gavel.

*Family & juvenile court, and occasional civil matters involving children are exceptions.

[RivkahChaya]

My colleague had to give evidence in a magistrate court as a witness when she was seven months pregnant. She was given what amounted to 'special permisson' from the Chair of the Bench to be seated.

Thank goodness, by the way. I couldn't stand for more than about four minutes without my back killing me, when I was seven months pregnant, and I had no prior history of back problems.

[Brenda]

....

This is a great reminder, Ladies....do not commit any crimes in England while pregnant!

[RivkahChaya]

This is a great reminder, Ladies....do not commit any crimes in England while pregnant!

Or apparently, watch any.

[Monty]

I've been to a few.

Yeah, its a respect thing however if you cannot stand for long, or require a glass of water, all you have to do is ask.

You stand out of respect for the law and the Queen, whom the Judge/Magistrate/Stipe is representing. And you bow to the Queens seal (which usually sits above the Judges head) as you enter and leave the court.

Monty

[RivkahChaya]

You stand out of respect for the law and the Queen, whom the Judge/Magistrate/Stipe is representing. And you bow to the Queens seal (which usually sits above the Judges head) as you enter and leave the court.

Monty

I hadn't thought about the judge representing the crown. In that case, then, why doesn't everyone have to stand? I realize that the judge is sitting; what it is etiquette exactly: do you have to stand whenever you are addressing the queen, regardless of whether or not she is sitting, unless she asks you to sit? can you sit in her presence as long as she is sitting, or do you still have to wait to be asked?

There's actually a bit of etiquette in American courts that everyone stands for the jury, but the bailiff cues you in, and pretty much, they stand only when entering and leaving.

[Steve S]

AFAIK,with Royalty,you wait to be asked......

[RivkahChaya]

In a large room, does she make a point of asking the room to sit when she sits? Surely everyone in a room of 100 people doesn't need to wait to be specifically asked. Also, if everyone is sitting, and one person wants to address her, does that person stand?

I'm assuming that the same deference is expected of non-citizens, when they are visitors within the borders.

[Steve S]

It's not only Royalty...Watch old war films...The Colonel tells everyone they can sit...........