Who are the people in court?

The judge sits at the front of the room at a raised desk. They usually wear a black legal robe and face you. Always call the judge ​“Your Honour.”

The judge decides if you’re guilty or not. If you plead guilty or are found guilty aft er a trial, the judge also decides your sentence (punishment).

The judicial case manager (also called a JCM) sits at the front of the courtroom. A judicial case manager will likely be in charge at your first appearance and your arraignment hearing. While they don’t have all of the same powers as a judge, the judicial case manager can issue warrants, record not guilty pleas, and fix trial dates.

The judicial case manager may also be a justice of the peace.

The Crown prosecutor (also called Crown counsel) presents the case against you. They usually sit at a table at the right-hand side of the courtroom, facing the judge or judicial case manager. The prosecutor is called the Crown and the case they present is often called the Crown’s case.

The court clerk sits in front of the judge or judicial case manager. The court clerk calls the court to order, hands exhibits (physical evidence, such as papers) to the judge or judicial case manager, calls the witnesses, and writes down court orders.

Sheriffs make sure courtrooms are safe. At every appearance, introduce yourself to the sheriff when you arrive. Later, the sheriff will likely be the one to call your name and let you know when it’s your turn to come forward.

In the courtroom you may be called the accused instead of by your name. When your case is called, you sit at a table facing the judge or judicial case manager. Usually, the table is on the left-hand side of the courtroom.

The first times you go to court, there won’t be any witnesses. Later, if there’s a trial, there’ll be witnesses brought to court by the prosecutor (Crown witnesses), and defence witnesses that you bring to court. Witnesses for both the Crown and defence are brought to court to tell what they know about the circumstances leading to the charge. What they say under oath is called their evidence.

During a trial, witnesses may be directed to leave the courtroom until it’s time for them to give evidence. If no one else requests this, you may ask the judge to ​“exclude the witnesses.” This means all witnesses are asked to stay outside the courtroom until it’s their turn to testify. As the accused, you have the right to be in the courtroom at all times, even if you’re going to be a witness yourself.

Witnesses sit in a waiting area until they’re called into the courtroom. Witnesses give evidence from the witness box at the front of the courtroom. The witnesses can sit in the public seats when they’ve finished. If you give evidence, you also use the witness box.

Members of the public are allowed to come and watch trials. There are rows of seats for them at the back of the courtroom. Before your case comes up, you can go to a courtroom and watch a trial so that you’ll have an idea of what to expect when it’s your turn to go to court.

Judges and other court staff expect you to be prepared for your court appearances. Here are some tips on how to act in court:

• Be quiet (and tell your witnesses to be quiet too).
• Arrive on time.
• Don’t chew gum.
• Dress as though you’re going to an important job interview.
• Turn off any mobile devices.
• Speak clearly and loudly enough to be heard.
• Stay calm.
• Be polite.
• Be respectful towards the judge and other court staff.
• Call the judge ​“Your Honour.”

Always stand when you speak to the judge or when the judge speaks to you.