What Happens Before a Court Appearance?

Originally written by Dave Howell, updated by the editorial team on 8th July 2026

Your Rights Before a Court Appearance

Being called to court can feel unsettling, whether you are attending as a witness or a defendant. Understanding the process can help you prepare for your court appearance.

The law gives you specific rights before and during court proceedings. These rights differ depending on your role in the case, but everyone is entitled to understand what will happen and receive support where needed.

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If You Are a Witness

Witnesses play a vital part in court proceedings, and the justice system recognises this by offering several protections and options.

You have the right to visit the courtroom before your trial date. This allows you to see where you will stand, where the judge sits, and how the room is arranged. The Witness Service can organise this visit for you and offers free support to witnesses in every criminal court in England and Wales. Similar services exist in Scotland through the Scottish Courts and Tribunals Service, and separate arrangements apply in Northern Ireland.

You can bring someone with you for support on the day. This might be a friend, family member, or someone from a support organisation. It is good practice to let the court know in advance if you are bringing someone with you.

Courts provide separate waiting areas so you do not have to sit near other people involved in your case. This is particularly helpful if you would prefer not to see certain individuals before giving your evidence.

Before you enter the courtroom, you can read over the statement you originally gave to the police. The Witness Care Unit will make this available to you. This helps refresh your memory, as cases can take months or even years to reach trial.

When you give evidence, you can choose how to take your oath. You may swear on a holy book of your choice, or you may affirm without using a religious text. Both options have the same legal standing, allowing you to choose based on personal preference.

Witnesses also have protection against intimidation. If anyone tries to pressure or threaten you because of your involvement in a case, this is a serious criminal offence. You should report any concerns to the police immediately.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

If You Are a Defendant

Defendants also have legal rights before their court appearance. You are entitled to know the charges against you and to receive details of the evidence the prosecution intends to use.

You have the right to legal representation. If you cannot afford a solicitor, you may qualify for legal aid depending on your circumstances and the type of case. You can check your eligibility on GOV.UK or speak to a solicitor who offers legal aid services.

Before your hearing, your solicitor will usually go through the case with you and explain what will happen in court. They can advise you on how to plead and what the possible outcomes might be. If you do not have legal representation, you may be able to bring a McKenzie friend to court to provide quiet support and take notes, though they cannot speak on your behalf.

If you are on bail, make sure you understand any conditions attached to it. Breaching bail conditions can result in being held in custody until your trial. Consider speaking with your employer or family about court timings in advance.

Practical Steps to Prepare

Whatever your role, some basic preparation can make the day less stressful.

Arrive early. Courts can be busy and finding the right room takes time.
Bring any paperwork you have been sent, including your summons or court notice.
Dressing smartly is a way of showing respect for the court proceedings.
Turn your phone to silent before entering the courtroom. Using phones inside the courtroom itself is forbidden.
If you need an interpreter or have accessibility requirements, contact the court beforehand so they can make provisions.

GOV.UK provides official information on court processes and what to expect. Citizens Advice also offers guidance, particularly for civil and family court matters.

Feeling nervous is normal. Courts deal with anxious witnesses and defendants every day, and staff are generally understanding. Try to answer questions honestly and clearly. It is perfectly acceptable to take a moment to think before you respond.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Preparation Checklist lets you going to court for the first time can be overwhelming. Tell us your situation and get a personalised checklist covering what to bring, what to wear, what to expect, and how to prepare. Try it now →

15 questions

Ask Courtroom Advice a Question

Phila 01/11/2020 at 4:27 am

Hi,I have court date in KZN and i have serious meeting at my workplace in JHB(same date).we are facing the restructuring exercise at workplace which is section 189(3) of the Labour Relation Act 66 of 1995. I'm trade union requested the meeting of shop steward council as I'm the leader at KZN I have to attend this meeting.now i don't know what should i do.any advice

Bertie 16/09/2017 at 10:52 pm

I am due in court as There is already a claim against me granted in civil case for damages. But I do not own any property or assests to that value. If I do not attend the court what will happen?

Tom Editor 07/02/2017 at 2:35 pm

@Nikki - I wouldn't worry, it's not you they are after it is the person that has stolen the vehicle.

Nikki 07/02/2017 at 7:08 am

I have to go to court cause I was a witness of a stolen vehicle I was in the vehicle and didn't know t was stolen this happen last year and the court is this year and I have no way there the cop that called me saying he would send me a letter said I'm not in trouble but they need me cause I was there but I'm still scared and afraid I might go to jail even through he said I'm not in in trouble

Jen 11/08/2016 at 5:40 pm

I have been summoned as a witness for the prosecution. However they have changed the date FOUR times and now I cannot go as I have to go back to work on Monday. Is there an application I can make? I have super important matters to deal with at work and so cannot appear. The summons is now out of date. I have been advised to go to the county in the morning and make an application to be excused.

Chris 30/06/2016 at 11:11 pm

My friend has a trial in the court for not having a proper car insurance. He put my name as a witness because I helped him to buy his insurance. The problem is when I asked what insurance did he need, he said a domestic and pleasure only, so I've done it. Unfortunately they stopped him after he had just delivered a pizza to someone. He went to help friends for delivery that night. So he ended up without proper insurance.
Now he wants me to be his witness and put my name for his trial but I don't want to go there as I think I can't help him. Will I be fined or will I have any problem if I don't show up in the court? I have never received a witness notice from the court, it's only my friend who put my name as his witness.

Sandra 25/02/2016 at 5:50 pm

Hi, My daughter and i went to court trying to get access to her children and my grandchikdren. The judge ordered reports to be done and back to court in 6 weeks. We received copies of tge report the day before we went to court. The reports were very inaccurate and statements were made on things i did mot say and the same on my daughters report while her ex partnere report was glowing. I spoke to my lawyer who was not pleased that i said there was a number of lies in the report. Our conversation became very stressed and feel that i am now defending myself from the reporter. It seems that the reporters word is so strong that the judge will go with the report.
I am not sure if anyobe knows what my daughters ex partner was like abd the things my daughter went through wigh this man because although he has stopped us seeing the children through lies that we have to defend we have been told that the case is mot about what went on but on where we are now. I feel that the reporter knows nothing about what he did to my daughter and that he is using the children to hurt us, how coukd she know if we have not had an oppertunity to tell our story.
My daughters ex partner told us he would take the children from my daughter and me and we would never see them again and that he was smarter than the law and to date he certainly is smarter than the law.
I am very anxious about this whole thing and because of that my mind goes blank and i cant talk for nervs. I had a phone call with my lawyer about the report and tge way she spoje to me was vety degrading and when i asked a question at the ebd of the call she thought something was wrong with the line and hung up on me. I think my lawyer gets frustrated with me because of my inability to keep calm and explain my self properly.
I am so tired and stressed as this has been dragging on for two years. Is there soneone that can accompany me to visits with my lawyer and any other legal person i need to deal with just so that i can have support for being so nervous and un able to speak properly and i can't remember half of the conversation.
I

ayan 28/11/2015 at 5:34 pm

hi me and my partner had argument accidentally he hitted me with his head i was so angry I thought he did it on purpose and called the police on him we have a child together i also wrote a letter now the case is gone to court nd he plead not guilty but they making be a witness and i dont want to as I already told them I want to drop the charges what should i do? and what will happen if i dont attend to court? or tell them i lied and it was accident as i was angry? please help?

jc 16/09/2015 at 12:34 am

Hi I'm up at court next week but it was only for breech of the peace and assault I don't know what will happen and plus it my first time I've got a girlfriend at home in tears and I want to see her and she wants to drop the charges by the way I didn't assaulted my best mate. I done this all when I was drunk and can't remember anything.

Juniper 10/09/2015 at 4:05 pm

I am due in court for a civil trial on 1st October (as I pleaded not guilty during the original case in July), but have not yet received a letter confirming the date. Is this normal?

CourtroomAdvice Editor 07/09/2015 at 10:26 am

Firstly, I have included an article What Will Happen if I Don't Turn Up at Court? whichThe issue is that you have been a victim of domestic violence and despite you wishing to drop the charges the objective of the CPS is to uphold the safety of the victim. The safety and physical and emotional well-being of children are also critical issues for those making decisions in cases of domestic violence. You may feel as though you need to speak to someone directly, therefore I have included a link to Women's Aid here which may help you to further get the help and advice you need. You can also read the CPS Policy for Prosecuting Cases of Domestic Violence, here which I hope will help put your situation into context.

CourtroomAdvice Editor 14/07/2015 at 12:07 pm

@kate - please see the link to our partner article: What Will Happen if I Don't Turn Up at Court? Link here which should answer your question.

kate 11/07/2015 at 11:12 am

hi there me and my bf had a row I was going upstairs and he followed me and held me on the stairs I struggled and hit my head anywY he called the police thinking they would get me out of his house but they arrested him I gave a statement not knowing I would be summon to court what shall I do as I don't want to go
I am 30 weeks pregnant and at the court date will be breast feeding my new son

CourtroomAdvice Editor 01/12/2014 at 10:31 am

@Betty - You can ring Women's Aid which has a freephone National Domestic Violence Helpline on 0808 2000 247. They will give you confidential advice. It's probably worth talking to someone about your decision, as if he has abused you before, then you could be in danger in the future. However, it is also up to the CPS whether it decides to go ahead with prosecution regardless of whether you change your mind or not. I hope this helps.

betty 28/11/2014 at 4:16 pm

hello iam a victim off abuse as my patner was bused to me , iam waiting to go crown court i had to do other stament beacuse they want charge him for rape but in my eyes i dont see it as rape but they do what can i do i dont want to go threw with it as rape but there other stuff to plz help me i feel like droping all off it i feeel so sad cause i love him still but he been in side befor for buse in his pass

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