What to expect at court

Understand what to expect if you have to go to court as a victim or witness, including a video that shows what happens in a courtroom.

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Arriving at court

When you arrive at the court, you will be asked to pass through security. Please ensure you do not carry any sharp objects with you.

Find your courtroom by looking at the daily listings on the courtroom door. Meet the police officer in charge of the case at court and if you have any safety concerns, see a sheriff's officer (they will be in uniform and are situated at the security checkpoints).

Comfort at court

Plan to provide for your comfort and consider some of the following items when preparing to go to court:

  • a book or game
  • a warm jumper, cardigan or blazer
  • snacks and a drink
  • headphones and your favourite playlist or a relaxation audio.

Note that you are not allowed to eat or drink in the courtroom. Wifi is often not available for court visitors.

Safety at court

Seeing the defendant is likely.

Courts are shared spaces and the defendant may be present at court. It is recommended that you bring a friend or support person to make you feel as comfortable as possible.

  • Security is provided at court. If at any time you feel unsafe, please speak to the court staff.
  • Some courts have waiting areas for domestic violence victims. The Women's Domestic Violence Court Advisory Service (WDVCAS) can assist you with this.

Delays and adjournments

  • Court matters are often delayed and can be adjourned (moved) to another day. This can be frustrating and upsetting, especially if you have spent time preparing to give evidence and feel ready to do so.
  • There are many reasons for a delay, including: witness availability, courtroom availability, the defendant does not have legal representation or requiring medical or psychological assessment or waiting on evidence.

Court tour

This video provides practical information for victims and witnesses.

 

2:33

6 - Justice Journey: In the courtroom

Read transcript
Video transcript

6 - Justice Journey: In the courtroom

Before you give evidence, it helps to know the role of everyone in court. Everyone has an important part to play. The judge or magistrate presides over the court and depending on which court you are in may wear a wig and gown.

The judge's associate helps with case documents or exhibits. A court reporter or monitor keeps a record of exactly what is said in the course of the trial.

The sheriff's officer is responsible for security in the court. The case may also be heard in front of a jury. These are 12 members of the public who have been selected at random from the electoral roll. They won't know you or the accused. Their job is to hear all the evidence and decide beyond reasonable doubt if the person is guilty or not.

In the middle of the courtroom is a bar table. This is where the Crown prosecutor and the defence team sit. The prosecution team is led by a barrister, known as a Crown prosecutor and includes an instructing solicitor who will assist him or her.

You are going to be in contact mainly with the prosecution team, who will do their best to help you feel comfortable on the day. The defence team may include a barrister as well as the solicitor, who represents the accused.

In the district and supreme courts the barristers will usually wear wigs and gowns. The accused may sit behind the defence team or they will sit in a special place in the court known as the dock.

There are a number of different ways for you to give evidence in a court case. If you are a child under the age of 16, cognitively impaired or a victim of sexual assault you may be able to use the screen in the courtroom or closed-circuit television in a remote witness room to see what is going on in the courtroom. This is so you don't have to face the accused while you were giving your evidence. You will be able to see hear and speak to the magistrate or judge and the prosecutor and defence lawyer. Everyone else in the court will be able to hear and see you - although you can be seen by all the people in the courtroom remember that only the judge or magistrate or prosecutor and defence lawyer can talk to you.

The magistrate or judge might ask you if you can see and hear them. Sometimes there can be problems with the equipment. If you can't see the magistrate or judges face on the screen just say so. if you can't hear what is being said clearly, let the judge know.

if your statement was recorded beforehand on audio or video tape by the police it too can be played in court.

Roles of people in court

Court staff have specialised roles to guide you through the court process.

These roles often include:

  • Judge: presides over the case
  • Judge's associate: helps the judge in court with documents and exhibits
  • Sherriff: security at court
  • Court officer: helps the judicial officer and people coming into the courtroom
  • Prosecutor: represents the police or state in criminal matters
  • Jurors: are citizens who sit on a jury panel and consider the evidence in court and decide on matters of fact
  • Corrective Services officer: provides transport and security for people in custody

Also see roles in court for more information.

Links

Apply for counselling and financial assistance

Women's Domestic Violence Court Advocacy Service

Women's Domestic Violence Court Advocacy Service (WDVCAS) provides information, advocacy and referrals to assist women and their children who have experienced domestic and family violence.

Phone:1800 938 227Monday to Friday 9am to 5pm
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