Before court

The police investigation

When the police investigate an offence, they collect evidence and interview people who may have been a victim of the offence or know something about how the offence happened.

Once they charge a person with an offence the police refer the case to a police prosecutor, or if it is a serious offence, to a prosecutor from the Office of the Director of Public Prosecutions (ODPP). The prosecutor's role is to prove in court that the defendant is guilty beyond a reasonable doubt.

Crown and defence witnesses

Witnesses may be:

• a Crown witness: called by the prosecution to give evidence
• a defence witness: called by the defence to give evidence.

Witnesses can also be recognised experts such as doctors or engineers, who give their opinion if needed.

Special witnesses

The prosecutor may ask the magistrate or judge to declare a witness to be a special witness. This may include children, a victim of the crime or witnesses who are likely to be disadvantaged or suffer severe emotional damage.

Children usually give their evidence well before a trial (in the Supreme Court and District Court only) by video link from a remote witness room, which will be played to a jury during the trial. The child witness can see and hear the judge and the lawyers in the courtroom, who will ask questions over the video link.

For other vulnerable witnesses the prosecutor can seek approval for special arrangements to make it easier for them to give evidence.

This may include:

• putting up a screen between the witness and the defendant
• allowing the witness to have a support person in the court
• allowing the witness to give evidence before the trial by video link from a remote witness room
• closing the court to the public.

Victims of crime

Crown witnesses may include victims of crime, who provide crucial evidence for the court.

People whose lives have been disrupted by crime are often suffering from shock and feel confused about what the criminal justice system expects of them. The legal process can seem very impersonal, even frightening.

Before the defendant can be tried, there must be a committal hearing [Link to committal hearing] in a magistrates court, where a magistrate decides whether there is enough evidence to commit the accused for trial.

Some committals are carried out by police prosecutors and some by prosecutors from the Office of the Director of Public Prosecutions (ODPP).

The Office of the Director of Public Prosecutions (ODPP) usually prosecutes indictable offences. If so, they will appoint a victim liaison officer to help victims and their close family members throughout the court process.

Before a trial, a victim liaison officer will:

• keep the victim informed on when the case will go to court and if it is necessary to be a witness
• arrange for the victim to meet with the ODPP legal officer or Crown prosecutor to discuss what will happen in court
• organise a support person
• help the victim write a victim impact statement that explains how the crime has affected their life. The judge will consider this when deciding a sentence if a defendant is found guilty
• refer victims to specialised organisations for support and counselling.

Please click here for further information on support for victims of crime.

Notification of court date

If Crown witness are required to attend court, they will receive a letter telling them when the hearing will be held and that they are required as a witness.

If it is impossible for a witness to attend court on that date, you should let the case lawyer know immediately.