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Skip Navigation LinksGuide for Witnesses

Who can be a witness to a case?

  • Anyone relevant to a case can be called as a witness, such as:
    • A victim of a crime.
    • Anyone who saw or heard a crime take place.
    • Anyone who has important information or documents about a crime or the defendant.
    • An expert or specialist in a subject that is relevant to the case e.g. a doctor, psychologist, accountant, firearms specialist, etc.


Who can call witnesses?

  • Both the Defendant and the Prosecutor can call witnesses to testify in a trial if they consider the witness has information that is relevant to the case or to the defence.
  • Parties can call a witness by applying for a Witness Summons/Subpoena. (Link to Witness Summons/Subpoena)


What is a witness expected to do?

  • The information a witness gives to the court will become evidence for the case.
  • This evidence will assist the court in understanding what took place and to decide whether the accused person is guilty or innocent.
  • A witness is expected to be truthful and not to change their evidence for anyone’s benefit.
  • A witness will be asked questions by the parties in the case but their answer should be directed to the Magistrate.
  • A witness should speak slowly and clearly in order for their evidence to be properly recorded.
  • If the witness does not know or does not remember the answer to a question posed to them then they must inform the court as such.
  • If the witness does not understand the question posed to them then they must inform the court as such.


What happens when someone receives a Witness Summons?

  • Upon receiving the Witness Summons or Subpoena
    • It is compulsory to attend court on the date and time specified on a Witness Summons. If the witness fails to attend without any valid reasons, a Warrant of Arrest may be issued against the witness.
    • The witness must ensure they are able to go to court on the date and time specified in the Witness Summons.
    • If the witness cannot attend the trial date fixed, they must immediately inform the party who is calling them as a witness (either the Prosecutor or the Defendant).
    • The witness must inform the party who is calling them if they are unable to speak or understand the Bahasa Melayu or English language and requires an interpreter in their chosen language.
    • The witness may ask the party who is calling them the reason they are required to attend court.
  • On the day of the court date
    • Dress appropriately prior to going to court. Anyone who is not dressed in an acceptable manner may not be allowed to enter the court building.
    • Upon arriving the court building, the witness can check the Court Cause List to see which court room the trial will be held.
    • The witness must wait outside the Court Room until their name is called by a Court Officer.
    • Remember to switch off or switch to silent mode any mobile phones or electronic devices before entering the courtroom.
  • In court
    • Once their name is called, the witness will be asked to go into the courtroom. The witness should bow to the National Crest as a sign of respect when entering or leaving.
    • The witness be led to the witness dock and then be sworn in before they begin giving evidence. Child witnesses may be required to simply tell the truth without being sworn in.
    • The witness can refer to the Magistrate as “Your Honour”.
    • The language used in court will be in the English language but an interpreter in the witness’s preferred language will be available for the witness if one is required.
    • The party calling the witness will ask the witness questions first. This is called an Examination-in-Chief.
    • After the Examination-in-Chief, the other party can ask the witness questions. This is called a Cross-Examination.
    • After the Cross-Examination, the party calling the witness can ask more questions to clarify the answers given during Cross-Examination. This is called a Re-Examination.
    • Sometimes the Magistrate hearing the case may also ask the witness questions.
    • Once finish giving evidence, the Magistrate will allow the witness to leave the Court Room.


Vulnerable Witnesses

  • Depending on the nature of the case, sometimes vulnerable persons will be asked to give evidence.
  • A vulnerable witness may be one of, but is not limited to, the following:
    • A child under the age of 18
    • An adult with the mental capacity or intelligence below the age of 18
    • A person suffering from trauma as a result of a violent or sexual crime
  • The party calling the witness can apply to the court for special arrangements to be made for the witness to ensure the witness is comfortable in giving evidence.
  • The court can make different kinds of orders such as allowing the witness to give their evidence in a special room on camera via video-link, shielding the witness from having to see the accused person, allowing a Social Worker to sit with the witness while they give evidence, etc.