Crown Prosecution Service guidance aims to end misconception victims shouldn’t sit in public gallery after giving evidence

Victims of crime can watch the rest of a trial after they have given evidence without fearing they will negatively affect the outcome, the Crown Prosecution Service has reaffirmed.

Updated guidance issued by the Crown Prosecution Service aims to challenge the misconception that victims or witnesses who give evidence should avoid sitting in the public gallery because of a concern that their presence could jeopardise the prosecution. Victims are encouraged to attend – should they wish – to understand the trial process.  

The updated Witness Prosecution Guidance, published today, makes clear that the principle of open justice means victims and witnesses have the right to choose whether they remain for the rest of a trial after they have given evidence.

Grace Ononiwu CBE, a Director of Legal Services for the Crown Prosecution Service, said:

“Victims have the right not only to expect justice to be done, but also to see it done – and we have always been clear that both victims and witnesses have the right to watch the rest of a trial after they have given evidence.  

“But too often victims have been wrongly left with the impression that by staying in court they could somehow jeopardise the outcome – forcing them to make a false choice between seeing a trial unfold and securing the justice they deserve.

“That’s why our updated guidance will correct any misinformation and make clear that the choice is entirely their own – while also helping victims understand their rights when it comes to navigating the criminal justice process.”

Previously concerns have been raised about cases where victims and witnesses have been told they cannot stay to watch the rest of their trial unfold because of a misconception that this could impact the prosecution.  
 
Prosecutors are advised, in our updated Witness Prosecution Guidance, to take the time to explain what sitting in the public gallery can involve, including that they may be visible to the defendant and that other people may be sitting there, including members of the defendant’s family, so they can make an informed decision.  

Additionally, prosecutors are asked to consider if it is possible for the victim or witness to attend remotely and work with the court to help facilitate this. Prosecutors should work closely with witness services to keep victims and witnesses updated of when evidence, which may be distressing, will be shown, so they can decide if they wish to attend at those moments.

As part of our commitment to improve our services to victims and witnesses, prosecution teams will ensure they are updated of the trial’s progression, whether they choose to attend court or not.

London's Victims' Commissioner Claire Waxman OBE said:

"I am very pleased to see this refresh of the Crown Prosecution Service’s Witness Guidance, clarifying that a victim can attend the trial after giving evidence, and equipping prosecutors with the knowledge to have this conversation with a victim.  
 
“As part of the Open Justice for All campaign, victims told us that they were often strongly dissuaded from attending the trial after giving evidence, even when they wanted to be there. Understanding what went on at trial is often crucial to a victim’s recovery, and facilitating and encouraging victims’ attendance so they can understand what happens in their case will serve to create a more open justice system. 
 
“I am delighted that the Crown Prosecution Service has heard and responded to victims’ experiences, using these to continually improve their practice”.