Going to Court

Chapter 23
Going to Court


Bernadette Butler


The Haven Camberwell Sexual Assault Referral Centre, King’s College Hospital NHS Foundation Trust, UK






OVERVIEW



  • Clinicians may be required to give evidence in court
  • This can be daunting but you are not on trial
  • Preparation beforehand is essential
  • Speak clearly and answer questions that are within your knowledge
  • Do not be afraid to say, ‘I don’t know’
  • Media representations of court are not often accurate




As a clinician you may be called to give evidence (see Box 23.1) in a variety of courts. Most commonly this will be in:



  • A magistrates’ court.
  • A higher court (e.g. a crown court).
  • A coroner’s court.





Box 23.1 What should I do when I get a court warning or notification to attend?



  1. Don’t panic.
  2. Confirm receipt and ask that you be contacted if there any changes; keep the contact details of the witness care unit or police officer-in-the-case.
  3. If you are unavailable, tell the witness care unit or the officer-in-the-case immediately.
  4. Check you have the correct details, e.g. the name of patient/case, the address of the court and the date of the trial/hearing. Note that the warning may only contain details of the defendant (e.g. ‘The Crown’/‘State vs Mr Q’), not those of the person whom you examined.
  5. Make sure you have the date in your personal diary and that of the department, in case a locum is required or clinics need to be altered.
  6. Tell your clinical supervisor or a senior colleague.
  7. Consider speaking to your professional indemnity organisation.




Usually you will already have provided a witness statement (see Chapter 22). It is said that ‘if you write a good statement, you won’t be called to court’. This is unhelpful, as it implies that if you are called, your statement was of poor quality. It is also incorrect, as there are numerous reasons why you might be called.


Court procedures are generally ‘adversarial’ or ‘inquisitorial’. What you say in court is unlikely to be affected by this distinction, since your overriding duty is to assist the court, not to support the ‘side’ by whom you are called.


When you provide your statement, include dates on which you are unavailable to attend and keep these up to date. You must be aware that you might be called to court. If you do not attend when required, this can result in significant and serious consequences for you: a reprimand, a fine or even custody, if you are found guilty of contempt of court.


Preparation


By failing to prepare, you are preparing to fail

Benjamin Franklin, 1706–1790


Read through your statement and contemporaneous notes several times. Make a copy to take with you. Consider highlighting areas that you will want to find easily, such as the patient’s name, dates and times and so on. Think how to explain findings and conditions, as well as what you might be asked and how you will answer (but don’t worry if your predictions aren’t fulfilled).


Make the most of the witness care unit or liaison services. They are there for all witnesses: tell them if you have not been to court before or have any particular requirements (e.g. wheelchair access). Ask if you can visit the court ahead of time to see its layout; you may not be able to visit the court in which the trial or hearing is to take place, but taking a look around a different one will give you an idea of what to expect.


On the day the trial starts


Although trials are listed to last a few days, clinicians are rarely needed at 9.00 a.m. on the first day: check with the witness care unit or the police officer-in-the-case.


What to take with you



  1. A copy of your statement and notes, in a file.
  2. Your spectacles, if you need them.
  3. Some form of identification, such as a hospital badge.
  4. The witness care unit and officer-in-the-case’s contact numbers.
  5. Something to occupy you while you are waiting, such as a newspaper.

What else should you do?



  1. Dress in comfortable, smart clothes and shoes—look ‘professional’.
  2. Avoid caffeine and try to keep calm.
  3. Leave plenty of time to get to court.
  4. Let the witness care unit or officer-in-the-case know when you arrive: they will show you where to wait, either outside the court or in a private witness sitting room.
  5. Remember that you should not talk to other witnesses about the case or your evidence.
  6. Check your appearance: tidy your hair, straighten your tie, check your buttons and zips, take a ‘comfort break’.

Before you go into court



  1. A member of the legal team may speak to you.
  2. Speak to the usher, who may be able to show you the court’s layout.
  3. Ask how you should address the judge, magistrate or coroner and about any court etiquette or protocol.
  4. Confirm whether you want to take the oath on a holy book (and which one) or if you want to affirm (nonreligious).
  5. Switch off your mobile phone or pager or put it on ‘silent’ – and then double check that you have!

When you go in


An oft-used adage is, ‘Stand up, speak up and shut up’. Essentially this means: look professional, appear confident and capable (but not arrogant), make sure your audience can hear you and do not answer questions that are not within your knowledge or field (see Figure 23.1 and Box 23.2).

c23f001

Figure 23.1 Top tips from experienced colleagues.


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Dec 9, 2016 | Posted by in GENERAL & FAMILY MEDICINE | Comments Off on Going to Court

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