Preparing for court

When the Office of the Director of Public Prosecutions (ODPP) handles the committal hearing or trial, the police send the ODPP all the information they have including:

• witness statements
• physical evidence, such as weapons or samples of clothing.

The prosecution checks the evidence, clarifies the legal points and prepares the charges, which may have changed due to new evidence identified during the investigation.

Before court, the prosecutor may wish to speak with you to discuss the case to clarify particular details.

If the ODPP handles the case, they will send you a 'Request for Further Information' form which asks you if you:

• require an interpreter
• would like a support person
• would prefer your address is not released in court
• need someone to sign for you.

You can talk to people close to you, but not to anyone who may be called as another witness. There is a risk that discussing the facts with another witness could influence their memory of what happened and the court may decide this evidence is not reliable.

The defendant's lawyer may wish to speak to victims of the crime or key prosecution witnesses.

It's entirely up to you if you wish to talk to the defence lawyer. If you do, it is a good idea to arrange for a police officer or someone from the ODPP to be present.

What if you do not want the trial to go ahead?

If for some reason you do not want to continue with the legal process, you should discuss your concerns with the prosecutor.

The Director of Public Prosecutions has the final decision about whether or not a case should proceed. A victim's wishes will be considered; however, other issues, such as the interests of the community, will also be taken into account, and it may be decided that the case should go ahead despite any misgivings.

You should ask the case lawyer at the ODPP to arrange support if you are finding the legal process too stressful.