I turn this month to the final part about being a witness and that is what to do once you have been cited to go to Court to give evidence.

The first point is that the majority of people who give statements to the police are not even cited. Of those cited, the majority do not actually give evidence in Court. Why? Because in Scotland the vast majority of accused plead guilty to the charge, or some modification of it, without going to trial. Furthermore there are ways in which uncontroversial evidence can be agreed. If there is to be a change of plea or evidence agreed, I would expect this to be done in sufficient time so that a witness, whose evidence is no longer required, can be told not to come. Unfortunately, for various reasons, this does not always happen and sometimes witnesses turn up just to be sent away.

If it happens to you, ask why. It may be that the accused or another witness has not turned up. Very little can be done about that. However it may be because someone has not done his job properly, and, for example, your evidence could have been agreed or the case discussed by the defence and the Fiscal long before. If so, complain. If no one complains, nothing will change. For too long the way in which our system treats witnesses has gone unchallenged. Complain to the person who cited you i.e. the Fiscal or defence agent, and, if not satisfied with the answer, to your MSP.

If you are cited and have questions to ask about what is expected of you, or are worried about giving evidence, then do not get yourself into some great panic about it. Ask the person who cited you. You are entitled to know what is going on. After all, it involves and affects you.

You could be all day in Court. Make appropriate arrangements so that you are not under pressure if you are kept later than you thought. Is someone there to see the children are safe after school?

If you are going to have real difficulties in attending Court that day, tell the person who cited you. It should be obvious that the sooner you say what the problem is, the more likely it is to be resolved.

However problems can and do arise on the Court day and you may not be able to attend for good reason. If so, do let both the person citing you and the Court know immediately. Crystal balls are not handed out and those of us waiting for you to turn up are not expected to guess that you missed the bus, or your child is ill. Bear in mind that a failure to answer your citation is an offence and a warrant could be granted for your arrest.

A new service is now available to anybody who is a witness. It is provided by the charity Victim Support and their trained volunteers. Note that you do not have to be a victim to seek their support. The support is there for any witness. My experience is that they do an excellent job and no-one should feel reluctant to speak to them They are able to help you in a whole range of ways including telling you about court procedures, arranging a familiarisation visit to court, providing advice on practical issues and being there to support you on the day.

Hopefully by now you know what is going to happen and why you are called to give evidence, and now you must prepare yourself. Believe me, preparation pays off.

First, look out your notes made at the time. This will bring back the main points of your evidence, but only the main points.

You are likely to be asked about other matters as well and the way to deal with that is to try to build a picture in your mind of the events. We are visual creatures and the saying that a picture is worth a thousand words is true. Try and fill in the pieces of the picture not covered in your notes.

What you will end up with are certain points about which you are certain, others which are probably correct, but you are not sure, and others still, which may or may not be correct. For example, you did not see John come into the room, but, as you remember he said something, then clearly he had to come in at some point.

It is like ripples in a pond. The great splash is the main part you remember but it creates ripples which are less and less memorable and about which you can be less sure. However they still happened.

By recreating a picture of what happened, you not only expand the evidence you can give, your evidence becomes more credible as it can be seen to fit into the whole picture better. This has to be done before you go to Court. The pressure on you in the witness box will be much less if you do.

Now the day of Court has arrived and you are prepared to give evidence. Dress appropriately but comfortably. You will normally stand to give your evidence and may be on your feet for some time. Wear comfortable shoes. Remember to take your notes with you so that you can refer to them if necessary.

Next, be there on time. If you are rushing, it only adds to your stress. Report in so that people know you are there and are not left looking for you.

Take a book. You may be there all day and waiting rooms are not enthralling.

You will be strongly discouraged from having any contact with someone who has already given evidence. It follows that each of you should have money for lunch and not rely on someone else who is also a witness.

You will be expected to give your evidence on oath. If you would rather affirm, tell the bar officer, who is the person who takes you into the courtroom.

Unless you are unable to do so, you are expected to stand to give evidence.

Listen to the question and answer it, not the question you think should have been asked. Answer it briefly. If more information is required, you will be asked more questions. There is a great temptation to get it all over and done with quickly. It won’t work. Your evidence has to be noted. If you are too quick, it will simply have to be given again.

Do not exaggerate or hide things. You won’t help anyone, as all that does is make the rest of your evidence less credible. You are there to give evidence. It is for others to weigh it up along with the rest of the evidence.

Don’t get into an argument with the questioner. You won’t win.

Don’t try to second-guess the questions. Answer the question you were asked and not the one you think might follow.

Speak up. There is no point in mumbling into your top button.

Be fair in your answers. If you are sure about something, say so. If you are less sure, make it clear that on this point you are less sure. As the ripples expand, you will be less and less sure. There is nothing wrong with that. No one saw everything and no one remembers everything.

Don’t worry that you have not been asked to tell all you can remember. In the first place there are rules of evidence, which may not allow you to give that piece of evidence. In the second place, there are other sources of evidence, which could be covering this adequately. It is for the questioner to decide what evidence he wishes to take from you. You are not providing all the evidence in the case, just a number of important jigsaw pieces.

If you get an answer wrong or your answer is misunderstood, say so.

Take your time. Don’t allow yourself to be hassled or pressurised. Think before you answer.

As I said at the beginning of this series of articles about being a witness, for most it will be a new and daunting prospect. Follow what I have said and it will not only be less daunting, but you will be better able to give your evidence, should you ever have to do so.

See you in Court or maybe not.