Presenting evidence in court

[Midnight Louie]

Hi,

I too have just started the Cert III and am finding it such a welcome relief from my normal job!

I have been reading through Garry Maher's book and was wondering how common it is for investigators to get the chance to present evidence in court.  Is it likely to happen quite often, or does it happen just a few times in an investigators career?

Thanks
Paula

[BigGeorge]

Hi Midnight Louie

Just to clarify the "present evidence" in court, an investigator merely "gives evidence", meaning he sits in the witness box and answers questions about what he did and what he saw. The investigator does not, like some kind of lawyer, strut the stage and do a presentation, if you know what I mean.

Typically the investigator is examined about a statement he took or report he wrote or pictures he took or video he took. Not much else.

The frequency of such court attendances is unpredictable. In some years I'd have to attend court a couple of dozen times a year, but then there might have been a year or two when I didn't at all. I did mostly liability work, which means my client (usually an insurer) was defending a court action and as it goes with legal actions, often they are settled out of court, but often do go on.

Attending court sometimes meant sitting in the waiting room all day and not being called. Sure, you get paid (I used to charge a set 8 hours plus expenses if called to court), but it can be extremely boring and tiring. We didn't have smart phones back then, so the best I could do was read the papers or stroll down every hour to have a smoke (filthy, disgusting habit I've given away, hurray!!!)

 

BG

[Midnight Louie]

Thanks Big George! 

Cheers
Paula
 

[Jimmybob]

Hi  ,
As you may be aware from my previous posts I am not yet a licensed investigator, I have however spent a significant length of time working in court based settings.
BG hit it on the head, the toughest thing most people find about having to attend court is not the actual hearing, but the waiting around that goes with it. Generally, everybody who is due to attend on a given day is given a notice asking them to turn up at a generic time i.e. 9.30am.
Unfortunately those without any experience of the justice system, walk in thinking that this is their appointment time, not knowing that everyone else has been given the same time!!!
There may be some rhyme or reason behind which order the magistrate chooses to call matters throughout the day,  but generally the public won’t be privy to this. So that means there will be days where you turn up at 9.30am as directed and not have your relevant matter called until 4pm! It’s just the nature of the beast, and if you always approach a court matter with the expectation that it will be a long day, then if you are lucky enough to be in and out quickly it will be a bonus and a surprise, rather than an expectation.

The best advice I can give anyone going to court is dress in a way that is appropriate for the setting, i.e. business attire and turn off your mobile phone once in court. Oh, and chewing gum never goes down well either.

The latest investigator I bumped in to at a court wore tracksuits the whole time he was there. And he must have been involved in a lengthy matter as we are talking weeks, not days!!.
It wasn't a good look, as even if you are a well toned athlete (which he certainly wasn't) tracksuits are never appropriate dress at a court. What made it worse was the he wore his investigators licence with great pride, pinned right on to his stained shirt.
I can only imagine that his presentation not only greatly diminished the credibility of anything he happened to be contributing to at the court. In a broader sense he certainly wasn't doing anything positive for the reputation of our industry as a whole.

Many people find their first visit to a court intimidating, but that reduces after a while as you start to be able to navigate the ins and outs of a court sitting day. Keep in mind that most courts are ‘open’, meaning that as a member of the public you are welcome to walk in at any time and view the proceedings from the public gallery (There are a few exceptions such as Children’s Court etc.)
By going along and observing a few times you can get a good feel for the dynamics that exist within a court setting, so that should you ever be required to attend to give evidence it won’t be so daunting. 

All the best with your studies and continue to ask about areas you are unsure about, as we are really lucky to be graced with many really experienced investigators on these forums (BG for an example).

Cheers

[Midnight Louie]

Hi Jimmybob,

Thanks for the insight - gee you must have seen quite a lot of interesting characters in court

I agree - on behalf of other newbies - that we are blessed to have access to such knowledgeable people who are more than happy to share their experiences.  It makes the whole remote study experience a lot more rewarding, and, speaking personally....I've been in my current career for over 13 years and going down the investigation path is a huge change for me.  Reading through the forum posts is giving me a much better understanding of what I am getting myself into and what situations I can expect to come across - its proving to be very reassuring. 

Well, enough of my blabber....better get on with my assignments!

Cheers
Paula