In family violence cases, the victim is usually the main witness for the Crown. You must go to court as a witness if you are served a document called a "subpoena."
It is a crime for anyone to harass, threaten or attempt to influence a witness. Anyone who does so could face a penalty.
This article provides general information only. It is not meant to replace legal advice from a lawyer.
I have received a subpoena to be a witness
If the Crown Attorney calls you as a witness, you will receive a subpoena, a legal document, ordering you to appear in court. This means you must go even if you do not want to testify. The subpoena tells you what court to go to, the date and time you must be there, And whether you must bring any documents or records. If you do not attend court, the judge may issue a warrant for your arrest.
A police officer or a process server (somebody who delivers court papers) will deliver your subpoena in person. Sometimes, though rarely, another person likely to contact you will be served your subpoena.
Before you appear in court you will meet the Crown Attorney, who can answer any questions you may have about the court process or being a witness. You can also call the Crown Attorney if you have any questions. You can find contact information for the Crown Attorney's office in your region here: https://novascotia.ca/pps/contact.asp
Preparing to give evidence.
Take some time to think of the sequence of events surrounding the offence, and try to remember details such as dates, times, people who were present, what was said, and other relevant facts.
Make notes and ask the Crown Attorney if you can bring them along. If you made a statement; ask to review it to refresh your memory. If you have already given evidence at a preliminary hearing, you may read the court record of your evidence out loud during the hearing.
You should not discuss your evidence with anybody before or during the case other than the Crown.
What if I want to change an earlier statement?
If you want to change your statement, speak with a Crown Attorney. They should know if you're planning to change your statement. You will also need to talk to the police service that investigated the case.
You can find contact information for the Crown Attorney's office in your region here: https://novascotia.ca/pps/contact.asp
Who are the people in the courtroom
The judge: the person who presides over (oversees) the trial.
Court clerk: the person who swears witnesses, schedules court dates, and fills out paperwork.
The sheriff: the person who is responsible for the security of the courtroom. They may sit close to the accused.
Crown Attorney: the lawyer who represents the state and presents the case against the accused. They are also called the "Crown" or "Crown prosecutor."
Defence lawyer: the lawyer who represents the accused.
Witnesses: The people who provide information about the case. Witnesses will wait outside the courtroom until they are called to give evidence. You are one of the witnesses.
The accused will be in the courtroom and sit in the "prisoner box," usually away from the witness box.
Jury: If there is a jury, it will consist of 12 members of the public. They will hear the evidence and make an impartial decision on the trial.
Members of the public and media may be present, but cameras, television cameras, or recorders may not be used in the courtroom unless the judge gives permission.
How questioning works
Only three people can question you: the judge, the Crown Attorney, and the defence lawyer. If a lawyer does not represent the accused, they can question you.
The Crown Attorney will ask questions first. This is called "examination in chief" or "direct examination." Then, the defence lawyer will ask questions. This is called "cross-examination." Then, the Crown Attorney may ask you new questions. This is called "redirect."
When is it your turn to testify
Go to the front of the courtroom and sit in the witness box.
The court clerk will ask you to promise to tell the truth. You'll be asked for your name and address. If you are afraid to give out your name and address, the judge may allow you to give a general address or no address. You will be asked what happened.
During questioning, you may be asked questions that you feel are personal or embarrassing, but the court needs to know what happened. You can ask to take a short break if you need to.
If you refuse to answer the judge's questions, you can be found in contempt of court and sent to jail.
The accused will be there throughout the trial. If it is hard looking at them, look at the Crown, attorney, judge, or jurors. If the accused or one of their supporters is intimidating you by making intimidating or threatening gestures, for example, speak to the Crown Attorney, who will tell the judge.
You will be asked to point out who assaulted you. This is the only time you will have to look at the accused.
Questioning Do's and Don't's
Do:
Listen carefully to the questions. Speak clearly and loudly so the judge and lawyers can hear you.
Don't:
Don't be afraid to ask questions; ask for a question to be repeated or worded differently if you don't understand. Don't answer questions if the judge tells you not to.
How long will it take?
Legal proceedings may take hours, days, or months. You can collect a small witness fee, which is not meant to replace employment, income, or mileage, and sometimes receive an expense allowance.
Checklist
- Do I know where the courtroom is?
- Have I brought my subpoena?
- Have I brought all the documents mentioned in my subpoena?
- Have I brought any items that the Crown Attorney, the defence lawyer, or the police have asked me to provide?
- Have I brought something to read or do while waiting to give evidence?
- Am I dressed neatly and tidily?
If you are frightened of seeing the accused or their supporters, the Crown Attorney may be able to arrange for you to wait in a private room or other accommodations for you. Ensure to express your concerns to the Crown Attorney when you speak with them.
You can have a friend, family member, or other supporter come to court with you.
For a printable version of this list, click here.
More Resources
Call the Crown Attorney dealing with your case found under “Public Prosecution” in the Government Blue Pages in your phone book or online at https://novascotia.ca/pps/contact.asp
Victims’ services support victims of crime by providing information, support, and assistance as a case moves through the criminal justice system. Victims’ Services is a government organization that can be found online at www.gov.ns.ca/just/victim_Services/programs.asp
Head Office: 1-888-470-0773
Dartmouth: 902-424-3307
Kentville: 1-800-565-1805
Pictou: 1-800-565-7912
Sydney: 1-800-565-0071
Transition houses provide residential and outreach services to abused women and their children. Call the Transition House Association of Nova Scotia (THANS) at 902-429-7287, or visit www.thans.ca.
Last Reviewed: May 2024