Court support and legal services
Support during the court process
Information is available to victims of crime about the court process.
Victims of crime will often be needed as witnesses to provide crucial evidence for the court during the trial of an offender.
Support is available to victims of crime that are required to be witnesses or would like to know more about the court process including sentencing and time frames. Having information and support can help to reduce the stress and trauma sometimes associated with the court process for victims of violent crime.
Call Victims LinkUp 1300 546587 or emailing victimslinkup@justice.qld.gov.au can put victims in contact with support services that specialise in providing court support to victims of crime before, during and after sentencing.
Specialist court support assistance is available from the following organisations at no cost to the victim:
- Queensland Homicide Victims Support Group (QHVSG) - provide assistance to victims, friends and families who have witnessed a homicide.
- Court Network - assistance for victims attending the Supreme, District and Magistrates Courts in Brisbane, Cairns and Townsville and the Commonwealth Law Courts, QCAT.
- DVconnect - various organisations provide assistance for women who have experienced domestic violence.
- Women’s Domestic Violence Court Assistance (Legal Aid Queensland) - court assistance to women applying for domestic violence orders in the Brisbane Magistrates Court.
- Catholic Prison Ministry - court support for victims of crime in magistrates courts Ipswich, Beenleigh, Maroochydore, Southport, Noosa, Cleveland, and Gatton.
- Women Working Alongside Women with Learning and Intellectual Disabilities (WWILD) - support for women with an intellectual disability.
- Protect All Children Today Inc (PACT) - court support for children.
- Central Queensland Community Legal Centre - court support for Indigenous victims of crime in the Rockhampton area.
- Bravehearts - provides court support for children and women who have suffered sexual assault.
- Queensland Health Victim Support Service - provides court support to victims of mentally ill offenders.
- Livingwell - court support for men who are victims of sexual assault
- Immigrant Women’s Support Service - court support for clients of Immigrant Women’s support service
This website also provides a search map for victims and their families to find court support services available to them in their area.
Understanding the court process
The Office of the Director of Public Prosecutions (ODPP) acts for the State of Queensland to prosecute people charged with serious criminal offences in Queensland.
The ODPP web pages have a section that explains the court process for witnesses in the Supreme, District, Magistrates and Murri Court. It also has publications available for adults and children explaining the court process and what they can expect when they attend court as a witness.
If the ODPP is prosecuting the matter, the ODPP will contact a victim to appoint them a Victim Liaison Officer (VLO) to provide victims with relevant information throughout the court process.
Find out more information about the court process for victims.
Victim impact statements
During sentencing of the offender the victim has the right to give details of the impact and harm caused to the victim by the offence. This is called a victim impact statement. A victim impact statement is handed to the prosecutor. The prosecutor may or may not decide that the victim impact statement is suitable to be used in the sentencing court.
A victim impact statement is a written statement about the act of violence that is:
- signed and dated by the victim
- states the details of the harm caused to a victim by the offence.
A factsheet on how to make a Victim Impact Statement (PDF file 376.4 KB) is available.
A victim impact statement might have attached to it documents supporting the details such as a medical report, and photographs or drawings if they are available.
The victim impact statement can be written by the victim or someone on behalf of the victim if the victim cannot write the statement because of their age or impaired capacity.
A victim does not have to submit an impact statement but can express the impact on them verbally.
The victims register
The Queensland Corrective Services Victims Register is an information service established to inform victims of violent and sexual crimes about the person who offended against them.
People eligible to register with the Victims Register must be:
- the victim of an offence of violence or sexual offence
- an immediate family member of a deceased victim
- a parent or guardian of a victim who has a legal incapacity or who is under 18 years.
Other circumstances may also be taken into consideration when a person requests to be placed on the register.
Information that may be provided to a registered person includes the date the offender is eligible for release, the correctional centre in which an offender is accommodated, the results of applications for parole and any exceptional events relating to an offender, such as escape or death.
If an offender has been sentenced to more than three years imprisonment and lodges an application for parole, registered victims will be notified that they may make a written submission to the Parole Board about the offenders potential release to parole.
Find detailed information on the Victims Register, including how to register.
Victims of young offenders
The Victim Information Register provides current information to registered victims about young people who have committed, or are alleged to have committed, sexual or violent offences against them.
More information can be found on the Community Services website.
Justice mediation
Justice mediation is a face-to-face meeting between a person who has been harmed by an incident (the complainant/victim) and the adult person responsible for the incident (the defendant/offender). It is voluntary, confidential and free.
Justice mediation gives a victim the opportunity to:
- tell the defendant/offender how their behaviour affected them ask questions about the incident
- express their feelings in a supportive environment of family and friends who share their feelings
- reduce their fear of further victimisation
- receive an explanation or apology from the defendant
- make an agreement with the defendant about how they can repair the harm they have caused.
Justice mediation gives a defendant/offender the opportunity to:
- own up to what they have done
- accept responsibility for their actions
- take steps to repair the harm or damage they caused.
The court, police or prosecutor can suggest justice mediation as an alternative way of dealing with a police complaint. Defence solicitors or barristers can also suggest mediation takes place. Regardless of who makes the recommendation, the participation of both the victim and the defendant/offender is voluntary. Both parties are also recommended to bring support persons with them to the mediation.
Mediation is usually used for offences heard before a magistrate’s court. Offences include assault and wilful damage. Mediation can also be used for more serious offences if both parties agree and the matter is assessed as suitable.
Arranging a Justice Mediation
If you are a victim, you can discuss justice mediation with the investigating police officer or prosecutor.
To find out more about Justice Mediation call +61 7 3239 6246 or email justicemediation@justice.qld.gov.au.
Youth justice conferencing
A youth justice conference is a meeting of the people affected by a crime committed by a young person. The young person must admit to (or be found guilty of) an offence and can only be referred to a conference by police or a court. A conference is facilitated by a convenor and brings together the young person and their family together with the victim (if they wish to attend) as well as a police officer. The conference ends in a legally binding agreement about how the young person may make amends to the victim for the harm they have caused.
A youth justice conference gives the victim a chance to tell the young person how they feel about the crime, how they have been affected and to have their say about how the young person might begin to make up for the harm and damage. The conference can be either attended by the victim or they may identify some they would like to attend on their behalf.
A youth justice conference gives the young person who has committed a crime the chance to take responsibility for what they have done, understand how their actions have affected other people and help to put things right.
To find out more about Youth Justice Conferencing call 1300 555 954 or email yjc@communities.qld.gov.au or visit their website.
Legal assistance
A victim of crime does not need to have legal advice and support to apply for financial assistance under Victim Assist Queensland. Applying for financial assistance is designed to be simple so most victims can complete an application without a solicitor to assist them.
A victim may decide however, they do want legal assistance because their case is not simple and they need help or advice when making certain decisions.
Victim Assist Queensland can pay up to $500 to cover legal fees if a financial assistance claim is successful.
Government-funded legal services
Legal Aid Queensland can provide victims with legal information at no cost. For more information phone 1300 65 11 88.
Community Legal Centres in Queensland can provide legal services at no cost to the public. For more information about their services and locations, visit the website.
Aboriginal and Torres Strait Islander Law Society (ATSILS) provides a 24 hour legal representation service for Indigenous Australians. This service is provided in courts, corrective institutions, police stations and watch houses. ATSILS offices are in numerous locations across the country. To contact ATSILS free call 1800 012255.
Queensland Law Society
If a victim decides they want to use a private solicitor for legal assistance, the Queensland Law Society (QLS) can provide a list of firms in Queensland dedicated to working for victims of crime. For more information and to search for a solicitor in your area, visit the Queensland Law Society.