Witness in an inquest

If you are selected as a witness, you will receive a summons requiring you to attend an inquest. If you receive a summons, you must attend. For more information, read about what is an inquest.

You should contact the coroner’s office and/or counsel assisting as soon as possible to discuss the arrangements for attending and giving evidence.

If it is difficult or costly for you to attend court, or if you have other concerns, tell counsel assisting or the coroner’s office straight away. You may be allowed to give evidence by video link.

If a witness who has been summonsed doesn't attend or doesn't give evidence as approved, they may be arrested by police.

Financial help

You can apply for reimbursement of financial losses you have incurred as a result of appearing in court as a witness, for example, travel costs and lost wages.

To apply contact the coroner’s office before the inquest to find out what arrangements can be made.

What to bring to an inquest

Bring any documents that relate to the death or the circumstances around it—for example, copies of statements, notes you have made, or photographs you have taken. If you are unsure what to bring, contact Counsel Assisting or the coroner’s office on (08) 8999 7770.

If you need reading glasses, make sure to bring them.

When you arrive at court

When you arrive, counsel assisting will speak with you.

You may sit outside the courtroom until you are called, or you may sit inside if the coroner agrees.

There may be many witnesses, and the time you are called can be unpredictable. Counsel assisting will try to keep you updated if there are delays.

When you enter the courtroom

When it is your turn, you will sit in the witness box near the coroner. The coroner will ask you to promise to tell the truth.

Giving evidence

When giving evidence, you should:

• try to stay relaxed and calm
• tell the coroner if you need a break
• listen carefully and answer only the question asked
• ask for clarification if you do not understand or cannot hear the question
• speak clearly and slowly
• give complete answers and avoid leaving out important details
• ask the coroner if you are unsure about anything.

When you finish your evidence, the coroner will tell you that you are excused and may leave the courtroom. The coroner may also allow you to stay and listen to other witnesses.

If the coroner needs more information from you later, you may be asked to return.

Crimination or incrimination

Some witnesses worry that their evidence might suggest they have committed an offence or could face a civil penalty. This concern is known as crimination or incrimination.

If you are worried about this, speak to counsel assisting before the inquest. You may also choose to speak to your own lawyer, but the coroner’s office does not pay for private legal advice.

You may object to answering questions if you believe the evidence could incriminate you. The coroner may give you a section 38 certificate under the Coroners Act 1993. This certificate means the evidence you give can't be used against you in other proceedings.

If the coroner gives you a certificate, you must answer the questions.

Inquest findings

Witnesses are not notified when the coroner will issue findings.

Lawyers for the parties and family members are advised when the findings will be published on the inquest findings page.