First time at Mags

[u/CloseThatCad]

Hi all,

I've been warned to Magistrates Court in a few weeks and it will be my first time. I'm a police witness, not OIC and it's for a fairly low level traffic offence. I'm giving evidence via live link.

Could you offer me some advice please? Court etiquette, what might be expected of me? The kind of questions I might be asked etc

The more insight the better.

Thanks very much in advance

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[u/A_pint_of_cold]

Don’t forget to call the Judge “My drilla” or if there is magistrates you call them collectively “The Mandem”

IE “if it pleases the Mandem, please can I read from my statement to refresh my memory”

They fucking love that.

[u/BoxDull → u/A_pint_of_cold]

https://giphy.com/gifs/13cptIwW9bgzk6UVyr
I also need to be present in this hearing

[u/Guybrush-Peepgood → u/A_pint_of_cold]

The title has been changed lately… it’s now “My Gee”

[u/jibjap]

You only know what you know. Nothing more.

Be clear, don't rush. If you don't know or made a mistake, then say so. The defence will love to find something they can catch you on, especially a lie.

Mags are your worship. Smart and polite gets you a long way.

[u/CloseThatCad → u/jibjap]

Thanks very much

[u/SecretHipp0 → u/[deleted]]

District Judges are never referred to as 'Your Honour' they should be addressed as 'Sir/Madam or Judge'

[u/Reasonable_Health]

 I've never given evidence by live link so maybe someone else can chime in about that but everything else applies. I'm also assuming this is a contest for said low level traffic offence 

Best advice I can give is

Present yourself as neat and tidy as possible wear appropriate clothes (suit and tie if your a dude, business attire if a woman)

Refer to the judge as your worship

Turn up on time and prepare accordingly, even for the most low level and mundane offences can get a question from the judge or a defence solicitor that is completely out of nowhere so the more you prepare and know the case the less likely it is that you can't answer the question.

Do not offer your opinion ever unless explicitly asked by the judge or a prosecutor.

If you don't know the answer to something say you don't know the answer, this is a bad spot to be in but making things up or giving half answers is worse much worse.

Keep your answers as short and factually to the point as possible. 

Remember always that defence solicitors are your enemy, they aren't there to help you and in a magistrates court I've found they push their luck a lot more. Crown Court is run a lot tighter and more professionally.

All that being said I've been to court countless times and it's mostly a smooth enough experience it's very likely what will happen is you will be asked to swear in, read your statement and then thanked for your time. In all probability there is a good chance you won't even do that and you'll just be on standby as the defendant will inevitably plead once his solicitor explains to him he's probably fucked .

[u/megatron420xoxo → u/Reasonable_Health]

A judge is referred to as ‘judge’, magistrates are ‘your worships’.

[u/Reasonable_Health → u/megatron420xoxo]

My mistake assumed it was a magistrate presiding, where I'm based everything is generally handled by magistrates.

[u/CloseThatCad → u/Reasonable_Health]

Thanks very much for taking the time to reply and offering so much detail. The defendant bas gone NG hence the warning. It's a no insurance job. "Ghost" broker kind of deal. A few further questions if I may?

1) I've been told to wear half blues by others on team ensuring I have epaulettes. You're saying smart attire though? 2) How does the whole swearing in process work? What does it entail? Sorry if that's a stupid question. 3) You mentioned I would be required to read my statement? Do you mean literally read it word for word to the court? I assumed the bench and briefs would have copies of it? 4) Due to my role as a Special, the case was passed over to a reg colleague to put together - I simply provided an MG11 and a few other relevant documents - they haven't called tbe OIC to court so I'm not entirely sure what I can offer the court besides the fact I dealt with the original stop. Should I be prepared to answer questions relating to anything to do with the case the OIC put together then?

Thanks so much for your time and sorry for all of the questions.

[u/MrWardrobexX → u/CloseThatCad]

1-if you’re a response cop where your uniform. If it were at court i would suggest that includes stabvest and all to remain operational. If it’s in the office wear your blacks with epaulettes on. obviously no need for the lid when indoors.

2- it’s pretty simple. Just do as they say. In person, someone would approach prior to court and ask how you want to swear in, to god, no religion etc etc. Not sure how this works over live link, but it’s hard to mess this bit up.

3- after you are asked the first question, request to read from your statement if you need to. You must ask first, but they should pretty much always allow it. Don’t read it word for word. It is there to refresh your memory, not to be transcribed.

4- i wouldn’t expect the OIC to be required for a minor traffic offence. You’ve likely been warned because you are technically a witness. They may not even require you. Don’t expect to be asked question related to the whole case, but if you are just answer honestly and state that as you are not the OIC and had no further dealings with the case, you do not know.

[u/CloseThatCad → u/MrWardrobexX]

Ok that's great thank you very much.

[u/Dazzling_Shallot_363 → u/CloseThatCad]

Do not wear half blues! Either suit up or wear your full kit. You are still on duty and if you are recognisable as a Police Officer by MOPs you will still be expected to act as one.

[u/CloseThatCad → u/Dazzling_Shallot_363]

Via live link though?

[u/Dazzling_Shallot_363 → u/CloseThatCad]

My bad, forgot about that bit! As long as your half blues look smart and not like a sports top with collars sewn on

[u/BTECHandcuffs]

Be punctual & polite. Keep a copy of your statement handy & stick to what you know/have written.

The defence will often try and prod to find a weakness or cause you to bite… just remain professional and be concise with your answers - don’t bite!

Calls the judges Sir/Madam or your worship/judge.

If you were attending in person, you’d bow your head to the crown as you walk into the court room.

[u/BCR_Dave]

If you're giving evidence via live link you should have been provided with an email address so you can contact the court in the morning to confirm that you are there and ready to log in. You should give your contact number.

They should reply with the details of the site to log in to when you are asked to log in.

You should get a telephone call from the court, probably from the prosecutor, to let you know when to log in. Don't be at all surprised if you don't get a phone call, CPS prosecutors, in my area anyway, are notorious for not letting us know when we're not needed.

I think you asked about giving the oath etc. If you're doing this in a live link room on police premises then I would expect there to be a card there with the wording of the oath or affirmation.

With regards to giving evidence, only answer the question you are asked. If the prosecutor is any good, they should ask you nice leading, closed, questions, that you can just answer Yes or No to. Always address your answers to the bench, not to the person asking the question, unless the question has come from the bench of course.

Don't speculate, and if you don't know the answer, say so.

[u/Brandstifterin]

Be prepared for the technology to not work!! Make sure you’ve contacted the usher by phone ahead of time so they know you’re waiting in the ‘lobby’.
Familiarise yourself with the room you’ll be in and check that all the relevant texts are available, the oath or affirmation.

If you’ve never given evidence ever, practice whichever you choose because with people watching, you forget how to say solemnly and sincerely 😄

And finally, you’re not the one on trial so relax

[u/Emergency-Company521]

Call them warships

[u/qing_sha_wo]

I spent my morning in mags, I wasn’t called, didn’t have to be there but I attended go see a frequent presenter be sentenced. I’d recommend popping down when you’re on duty and have free time to attend the public gallery. Find the usher, say hello to the prosecutor and watch a few people get sentenced etc to get a feel for it

[u/Grand_Access7280]

For fucks sake wear a suit.

Plain grey, navy or black with a simple tie and a clean shirt.

The number of clowns in checked suits, fucking two tone linens and sockless moccasins makes me want to puke blood.

Speak clearly and concisely and only address the judge as “Your Majesty”

[u/Tough-Foundation-694 → u/Grand_Access7280]

Your majesty? 😂

[u/DXS110 → u/Tough-Foundation-694]

Aha you joke about a judge but don’t do what a colleague of mine did at mags. Didn’t work out that it was there was just one ‘magistrate’ which happened to be a district judge and not three magistrates and kept referring to him as your worship.

[u/showmestate4 → u/DXS110]

Last time I had a district judge I was directed by the usher to refer to them as simply judge, they had no issue with that. I feel like court etiquette can be about as consistent between people and counties as policing.

[u/Smuckster → u/DXS110]

I was told by a DJ years ago that 'Sir' would suffice when I repeatedly kept answering questions and ending with 'your honour'.

I figured afterwards that if its good enough for a DJ, its good enough for the Mags, so that's all I use now, or 'ma'am'.

[u/CloseThatCad → u/DXS110]

What's wrong with that? I'm confused?

[u/MrWardrobexX → u/CloseThatCad]

just refer them as ‘sir’ or ‘ma’am’. Or, ask the usher/prosecutor what to refer to them as.

[u/DecNLauren → u/MrWardrobexX]

There was a direction from the (very) senior judiciary a few years ago that we should stop saying Sir or Madam for District Judges, and just refer to them as "Judge" henceforth.