Protocols and courtroom rules

The court operates under strict rules and everyone behaves very formally.

Everyone that appears in court should:

• dress neatly
• turn off their mobile phone
• not eat, drink or chew gum
• sit quietly
• not make an audio or visual recording of proceedings (unless permitted by the magistrate or judge)
• not speak to any member of the jury in the District Court or Supreme Court.

To acknowledge the judge or magistrate, everyone should:

• stand whenever the depositions clerk or bailiff calls ‘all rise’ when the magistrate or judge enters or leaves the courtroom
• bow their head to acknowledge the magistrate or judge every time they enter or leave the courtroom
• address the magistrate or judge as ‘Your Honour’.

Defendants

When inside the courtroom a defendant should:

• stand up whenever the judge or magistrate is speaking to them
• speak clearly and read from notes if needed.

Witnesses

Before giving evidence, the magistrate will ask each witness to swear an oath on the Bible (or other holy book) or make an affirmation (promise) to tell the truth. It is important that the witness takes an oath according to their religious beliefs.

The following oath and affirmation are given in the Supreme Court and District Court:

Oaths

‘The evidence which you shall give to the court and jury sworn between our sovereign lady the Queen and the prisoner/s at the bar shall be the truth, the whole truth and nothing but the truth, so help you God.’

The witness will respond: ‘So help me God.’

Affirmation

‘Do you solemnly, sincerely and truly affirm and declare that the evidence you shall give to the court and jury sworn between our sovereign lady the Queen and the prisoner/s at the bar shall be the truth, the whole truth and nothing but the truth?’

The witness will respond: ‘I do.’