Having given evidence in a crown court trial recently as a victim for a criminal case, and then being cross examined, I thought I would share my tips for looking after you at such a stressful and potentially traumatic time. Some of what I have written may seem obvious but I found there is so much to focus on and prepare for that self care can go right out of the window.
If you’ve not been to court, particularly Crown Court, you won’t necessarily know what to expect and in spite of my own research, there was very little information on the internet about looking after yourself during this process.
Court can feel like quite an alien environment and particularly formal, however the Witness Service volunteers are on hand to guide you whilst you are there. My top tips will take you through various stages of the process, keeping you and your wellbeing the main focus.
Keep drinking. Whether you are giving evidence, being cross examined or waiting for a verdict, it is possible you will induce the stress response. It’s a really good idea to stay hydrated as this strain physiologically drains your body of moisture much needed to keep headaches and lethargy at bay. Accept cups of tea/coffee from the Witness Service volunteers but remember water is always the best option for rehydration.
Stay grounded. There will inevitably be lots of waiting around and then sudden rushes of adrenaline when you hear a tannoy or get called to the court room. It can be easy to let your thoughts become worrisome and you may experience a sudden spike of anxiety when you first arrive in the court environment and/or court room. When thoughts of worry begin to creep in, bring your awareness to your feet on the floor, firmly routed to the ground, to calm the nerves, stay centred and keep your mind and body connected, working in tandem to keep you in control.
Take a couple of minutes, for example prior to being sworn in if you can, to conjure up your safe, calm place. This could be your favourite place in the world – it could be by the ocean, in your own garden, up a mountain or a holiday destination. Practice prior to court, sitting quietly and imagining this place. What sounds can you hear? What scents are in the air? What can you see and how bright are the colours? Is there anyone with you or are you enjoying this special place on your own? What can you feel? Warm sunshine perhaps. The more you practice imagining your safe, calm or happy place, the easier it is to call on when you need it.
Focus on your breath and try to reduce any shallow breathing by filling your lungs and breathing from your diaphragm. Hold your hand on your upper tummy to feel the rise and fall as you breathe. Try to make your out-breath slightly longer as the breathing out helps to induce relaxation.
Have support with you. Leading up to the trial, identify your reliable family / friends / colleagues. You really need people with you who you feel comfortable with and won’t cause you to worry about them. You are the one who needs support at this time. I chose to give evidence without any loved ones in the court room which worked for me but I did have support waiting for me in witness service when I came out. It is worth mentioning that a witness service volunteer will accompany you in the court room which I personally found very reassuring.
Reading your statement. It can be a real challenge to read your statement on the day you give evidence as you will probably be feeling anxious. Take your time to remind yourself of the pertinent points within your statement. That may sound strange as it is your statement and information you’ve already reported. However, if like in my case you haven’t seen your statement for years after it was completed, it’s a good idea to allow yourself time and space to absorb the information.
The Court Room
You can sit or stand in the witness box. I chose to sit as I wasn’t sure how stable my legs would be! If you do sit, place your hands on your lap in an attempt to not be too animated with your hands.
Listen to each question intently. Answer honestly and as succinctly as possible, being careful not to give lots of narrative. Try to avoid changing the subject or waffling. If you only answer the question, than that’s great. Try not to anticipate the next question – just answer each as it arises, taking your time to be clear and concise.
Project your voice so everyone, especially the jury, can hear you.
Go at your own pace. Don’t be frightened to ask the barrister to ask the question again if you didn’t hear or to re-phrase if you didn’t understand.
Stay calm and measured in your responses. You will have all sorts of emotions going on but try to stay dignified. Remember, defence barristers have a job to do and that is to find any weaknesses in your statement.
It is advisable to look at the jury when answering questions. I found it helpful to look at a spot on the wall just above their heads.
Consider special measures when offered and ensure you are advised of all implications for each. For example, I chose to have a screen (which was in fact a curtain across the witness box) so that only the judge, jury and whichever barrister was addressing me at the time could see me. This was not my plan – for two years I had been saying no screen and that I wanted to face the accused. However, on the day I changed my mind which was accommodated as there was time to put the arrangements in place. Having the screen however, prevented me from being able to go back in the court room to observe the rest of the trial. The jury may wonder why you have gone for special measures and then sit in the gallery after as explained to me by witness service. Ultimately, you have to feel as comfortable as possible with giving evidence and being cross examined so it is important you do what feels right for you.
Irrespective of special measures, you may feel you have to be in the court room at verdict time – completely understandable. Ensure you have support with you for this as it is difficult to anticipate how you will feel following the result.
Practical Preparations
View a courtroom prior to your day so you know where you are going to sit/stand and where key people such as the jury, judge, barristers etc. will be.
Make sure you know where the court is, how you are going to get there and where to park if need be.
Wear comfortable clothes that are appropriate for court as you will be sitting around a lot.
Travel light and only take what you need to court as you will go through security which can take some time.
Take snacks and water. You may not have fancied breakfast (although I recommend you try) – cereal/energy bars and fruit are quick and easy to have in your bag. It takes a lot of energy to go in the witness box so try to ensure you have eaten to keep lightheadedness at bay.
Go to the toilet regularly – nothing worse than needing to go once you’ve sat down in the witness box!
After Court
Process time. Even if a verdict is positive for you, there can be a bit of a ‘come down’ period where your emotions might hit a bit of a low, particularly if you have been involved in a long and protracted investigation. Your brain naturally needs some time, a few days, to process events. Allow yourself this time and deploy some self care – plenty of rest, food and rehydration.
Things to look forward to. Waiting for a trial can be all consuming. Whilst I am an advocate of making the most of each moment as it arises, you may find it helpful having a few things in the diary to look forward to post trial. It doesn’t have to be extravagant, just re engaging with your social life or places you like to visit.
Support. Your support network is so important and it is a good idea to practice asking for what you need. Sometimes loved ones and friends can make assumptions about what you need, e.g. giving you space when actually you want company. We are all so different and sometimes it is hard for our nearest and dearest to know what is best so do try to help them out by telling them how they can help you.
Talking to your employer if need be about what you need from them and what can be accommodated if you don’t feel like you have bounced back to your normal self. Adjusting back to ‘normality’ can take some time.
Take care of your mental health and wellbeing. Do more of what you enjoy to help readjustment. What are your interests and hobbies? Do you like to exercise? Writing and being outside for walks has been a huge help for me.
Seek professional help / support if you need to – ask witness service, the police and witness care about how you can do this. Victim Support may have been in contact with you at some point but it is worth following up with them to see how they can help. Don’t forget about your GP if you are concerned in any way about your health. Counselling can be a good way to talk through your court experience, particularly if you haven’t settled after a couple of weeks or so.
Finally, your courage is to be commended. People will probably tell you to “stay strong” and “be brave” but by going through this process, you are already strong to the core. It is okay to feel sad, nervous, anxious and fearful but above all else, I encourage you to stay safe and look after you. Think about what you need to get through this process and don’t be afraid to ask for it.
Click here for practical advice for victims and witnesses for the whole process from giving a statement to appeals via The Crown Prosecution Service website
Citizens Advice have some useful information about going to court
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