Information for witnesses

If the police investigation leads to the issuing of an indictment and the case is brought before the court, witnesses may have to give evidence in court.

Who must appear in court?

All persons who have reached the age of 15 years are required to appear in court as witnesses to answer questions concerning the facts of the case. However, witnesses may in certain cases be exempt from giving statements. The reasons for this may be:

• if the witness is or has been the spouse of the defendant

• is a relative of the defendant in the direct line of descent, or is related to him/her in this way by adoption

• is the defendant's step-parent or step-child, the defendant's parent-in-law or a son-in-law.

If a child is under the age of 15, it is possible that this hearing will take place in Barnahus.

If a witness does not appear in court without legitimate prejudice, the applicant may ask the police to retrieve the witness and bring the witness to court.

Outside the courtroom

When a witness arrives at a courthouse, it is usually necessary to wait outside the courtroom first until the witness is picked up and asked to enter. Witnesses may not listen to the statements of those who give statements before doing so. It is important to be punctual and attend court at the time when it is called, but sometimes questioning is delayed and there may be some delay in witnesses being called into the courtroom.

In the courtroom

In the courtroom are:

• judge, or judges

• the applicant

• the defendant and his/her defence counsel

• in some cases, the legal counsel for the victim.

The procedure in criminal cases before the court is generally open and therefore there may be more people present in the courtroom.

The centre of the court is occupied by a judge or judges, if there is more than one judge. The prosecutor sits on the left side of the courtroom, as seen by the witness, with the legal counsel for the victim, while the defendant and his defence counsel sit on the right.

When questioning takes place, a witness sits in front of the judge. At the beginning of the hearing, the judge shall ask the witnesses to state their names and explain in a brief manner how the execution will be carried out. The judge shall inform the witness that he or she is obliged to give the truth and the truth and that it is punishable to report wrongdoing before the court. This does not mean that the judge expects the witness to lie, but rather that the judge is obliged to give the witness guidance on this matter, and to say this to all witnesses who appear before the court to give evidence. Usually a witness is first asked to tell the incident under discussion and then the applicant asks for details. After the prosecutor has asked questions, the defence counsel is offered the opportunity to ask, and sometimes the judge will also ask.

The objective of the hearing is to shed light on the circumstances of the case. It is important that witnesses only tell the truth to the best of their knowledge and memory and inform them if there are any uncertainties. Sometimes the judge, prosecutor or defence counsel may recall what the witness said during the police interview, and ask the witness whether the description of the incidents was correct.

Travel costs

A witness summoned to court by the prosecutor may request that the prosecutor pay for travel and residence in the court. This applies in particular if witnesses have to travel over a longer distance and even spend the night outside the home because of their witness duties. Short-term trips within the same community are not included. A witness may, when he or she has given evidence before the court, demand that the judge decide to make payment to the judge in connection with the outlay of costs and remuneration for the loss of employment, which may be considered relevant in the light of the economy and circumstances.

For further information on the conduct of police questioning, see Regulation 651/2009.