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Justice Journey court preparation guide Supporting victims and witnesses of crime through the court process Justice Victims Services

Justice Journey court preparation guide · Justice Journey court preparation guide Page 5 Introduction In the course of your role, you may support a person who is a witness or victim

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Page 1: Justice Journey court preparation guide · Justice Journey court preparation guide Page 5 Introduction In the course of your role, you may support a person who is a witness or victim

Justice Journey court preparation guide

Supporting victims and witnesses of crime through the court process

JusticeVictims Services

Page 2: Justice Journey court preparation guide · Justice Journey court preparation guide Page 5 Introduction In the course of your role, you may support a person who is a witness or victim

This guide has been funded by Victims Services, NSW Department of Justice and developed by Louise Miln and Summer Chan.

Victims Services acknowledges with thanks the expertise of government and non-government services who provided feedback and contributed to this guide. These organisations include:

Office of the Director of Public Prosecutions including the Witness Assistance Service

– NSW Courts and Tribunal Services

– NSW Police Force

– Law Society of NSW

– Judicial Commission of NSW

– NSW Bar Association

– Legal Aid NSW

– NSW Health

– Non-government agencies who provide services to victims of crime.

Further copies may be obtained from

Victims Services

Locked Bag 5118

Parramatta NSW 2124

P: 1800 633 063

F: 02) 8688 9632

E: [email protected]

W: www.victimsservices.justice.nsw.gov.au

October 2012

This reprint July 2016

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 07/2016). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.

This document has been prepared by Victims Services for general information purposes. While every care has been taken in relation to its accuracy, no warranty is given or implied. Further, recipients should obtain their own independent advice before making any decisions that rely on this information.

(FS36 • REV 07/2016)

JusticeVictims Services

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Contents

Introduction ............................................................................................................................................................................. 5

How to use this guide........................................................................................................................................................... 7

What to expect at court ....................................................................................................................................................... 9

Arriving at court ................................................................................................................................................................. 9

Safety at court .................................................................................................................................................................... 9

Court times and breaks ................................................................................................................................................... 9

Courtroom rules ............................................................................................................................................................... 10

Planning your day at court ............................................................................................................................................ 10

Witness expenses ........................................................................................................................................................... 10

Dealing with the media ................................................................................................................................................... 10

Court familiarisation ............................................................................................................................................................ 11

The courtroom ................................................................................................................................................................. 11

The CCTV room ............................................................................................................................................................... 11

What is Closed Circuit Television (CCTV) and why give evidence using CCTV? ............................................. 11

In the CCTV room ........................................................................................................................................................... 12

Tips ..................................................................................................................................................................................... 12

Court processes – Local Court Hearings .................................................................................................................... 13

Local Court process ....................................................................................................................................................... 13

Court processes – District and Supreme Court Trials ............................................................................................. 15

District and Supreme Court process .......................................................................................................................... 15

Giving evidence .................................................................................................................................................................... 19

Tips ..................................................................................................................................................................................... 19

Oaths and affirmations ................................................................................................................................................... 19

Evidence-in-chief ............................................................................................................................................................. 19

Cross examination ........................................................................................................................................................... 19

Re-examination ................................................................................................................................................................20

Taking care of yourself ....................................................................................................................................................... 21

Common reactions to being a victim of crime that may affect your client ........................................................ 21

Self-care ............................................................................................................................................................................23

Safety .................................................................................................................................................................................23

Support at court ..............................................................................................................................................................23

Counselling ....................................................................................................................................................................... 24

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Sentencing ............................................................................................................................................................................. 25

The sentencing hearing ................................................................................................................................................. 25

Ranges of sentences ......................................................................................................................................................26

Appeals .............................................................................................................................................................................. 27

Victims Registers ............................................................................................................................................................. 27

Corrective Services NSW ......................................................................................................................................... 27

The Forensic Division of the Mental Health Review Tribunal ........................................................................... 27

Juvenile Justice NSW ............................................................................................................................................... 27

Suggested court preparation sessions ........................................................................................................................29

Resources and support ..................................................................................................................................................... 31

Victims Services .............................................................................................................................................................. 31

The Office of the Director of Public Prosecutions (ODPP) ..................................................................................... 31

Other court preparation resources ................................................................................................................................32

Important rights for victims of Crime ............................................................................................................................33

The Charter of Victims Rights (Victims Rights and Support Act 2013) ..............................................................33

NSW Courts and Tribunals Client Service Charter .................................................................................................33

NSW Police Customer Service Charter .....................................................................................................................34

The Charter of Victims Rights (Victims Rights and Support Act 2013) ...............................................................35

Dictionary: Words used in court ..................................................................................................................................... 37

Justice Journey court preparation guide – Information sheets .............................................................................45

What to expect at court .................................................................................................................................................46

The courtroom: Local Court .........................................................................................................................................48

The courtroom: District and Supreme Courts ..........................................................................................................50

The CCTV room ............................................................................................................................................................... 52

Court processes: Local Court Hearings ....................................................................................................................54

Court processes: District and Supreme Court Trials ..............................................................................................55

Giving evidence................................................................................................................................................................56 Taking care of yourself ...................................................................................................................................................58 Sentencing ........................................................................................................................................................................59

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Introduction

In the course of your role, you may support a person who is a witness or victim of crime as they come into contact with the criminal justice system. Going to court can be a new and overwhelming experience for many people.

This guide has been developed for workers who are supporting a victim of crime or witness through the court process. This is not a comprehensive resource intended to cover all aspects of the court process but rather highlights key aspects that are important for witnesses and victims of crime, and issues they may face.

All government agencies, non-government agencies and service providers funded by the state to provide services to victims of crime must comply with the Charter of Victims Rights (Victims Rights and Support Act 2013).

A copy of the Charter of Victims Rights (the Charter) is included in this guide and further information can be found in the section called Important rights for victims of crime.

If you are working with a victim of crime you should ensure that they are aware of the Charter, explain to them what their rights are and what to do if they are concerned their rights are not being met.

By knowing what to expect when going to court we hope victims of crime will be able to approach the experience from a position of knowledge, confidence and strength. Going to court is rarely easy, but this resource may help to give victims and witnesses of crime an idea of what to expect when they go to court.

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How to use this guide

The guide and information sheets can be used as a stand-alone resource or alongside the DVD Justice Journey – Information for victims of crime about going to court in NSW, which is available from Victims Services.

The guide is designed to support the use of the Justice Journey information sheets. It contains:

• additional information that will help workers explain concepts or court processes

• issues the worker should be aware of that may impact on the client

• suggested court preparation plans

• references for additional resources and support.

It is intended that you give a copy of the relevant information sheet/s to the client, and then walk through it with them using the information in the guide to assist you in explaining the relevant processes to them. Each section corresponds to an information sheet, which is identified at the beginning of the section.

Be aware that victims and witnesses of crime might find it overwhelming to be presented with a lot of information at one time. Depending on the client, you may use only some information sheets or break the information down over several sessions. Suggested court preparation sessions are included at the end of this guide in order to assist you with this.

It is important to consider the safety, both emotional and physical, of witnesses and victims of crime when they attend court.

Throughout this guide information which is especially important is highlighted by the symbols below:

! Important information

Safety information

Use with inform!ation sheet

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What to expect at court

Use with information sheet What to expect at court

Going to court can be a stressful and overwhelming experience for witnesses and victims of crime. It is important that witnesses and victims of crime have some understanding of what to expect when they go to court. Having knowledge of what to expect may help to alleviate any anxiety and assist the person to prepare emotionally for the experience of going to court.

Arriving at court Discuss with the victim or witness what to expect when they arrive at court and to be prepared to go through security or to have their bags scanned. Sheriff’s Officers will complete this security screening; they are dressed in blue uniforms and provide security for courthouses across NSW for the safety of people in the court.

Safety at courtSafety may be a big concern for witnesses and victims of crime. In most courts, everyone enters the court by the same entrance. It is possible that the client may see the accused or their family somewhere in the court complex.

It is best to inform your client that this may happen, so they are prepared. It is also useful to plan what they can do if this happens:

• Beforehand help your client to find out if there is a safe-room where they can wait when they go to court – however this is not available in all courts.

• Inform the client that if they feel scared, intimidated or threatened they should let the Police Officer-in-Charge or the prosecutor, Sheriff’s Officer or Court Officer, or support person know that they are feeling unsafe or threatened.

• Move to another section of the waiting area if these options are not available.

Safety If your client is a witness, ask the Police Prosecutor or Office of the Director of Public Prosecutions (ODPP) to see if they are eligible to use a safe-room and closed circuit television (CCTV) to give their evidence. This allows the witness to give their evidence in a safe, undisclosed location via CCTV. This is not an option available to all clients.

For more information please see The CCTV room information sheet.

Court times and breaks Court times can vary from court to court. The court has morning tea and lunch breaks, so there will be opportunities for the witnesses to have a break during the day.

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Courtroom rules The courtroom is a formal setting and there are many rules and behaviours that are expected. Discuss the courtroom rules with the victim or witness so they know what to expect and how to behave in the courtroom.

Planning your day at court Planning the practicalities of what is needed for their day at court can be another way for witnesses and victims of crime to prepare for their experience at court.

Discuss with the victim or witness what they need to plan for the day. This includes practical things such as what to wear and how they are getting to court. It is important to emphasise to witnesses that they may have to wait a long time before being called to give evidence so it is important for them to have something to keep them busy as well as something to eat and drink.

Witness expensesMake sure that witnesses know that witness expenses can be paid to them when they attend court to give evidence. If they are unsure what expenses they are entitled to “refer” to the Police Officer in Charge or the Witness Assistance Service to find out about how to claim for these allowances.

Dealing with the media Dealing with the media can be distressing for victims and witnesses, especially if the matter they are involved in is high profile or is of great media interest.

Court cases are generally open to the public and the media unless the court is closed. The court is closed only in some cases of sexual assault or cases involving children. It is advisable that the victim or witness speaks to police or the ODPP before speaking to the media.

! Important If your client would like more information about dealing with the media, refer to the booklet A guide to the media for victims of crime available from Victims Services.

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Court familiarisation

Use with information sheets The courtroom – Local Court The courtroom – District and Supreme Courts

The courtroomThe layout of the courtroom is slightly different depending on the jurisdiction of the court. There are also differences in the people at court and their roles. There are two court familiarisation information sheets to reflect these differences – one for the Local Court and one for the District and Supreme Courts. Use the Local Court familiarisation in Children’s Court matters.

• Use the picture to familiarise the witness with the layout of the courtroom.

• Use the information sheet to outline the people present in the room, their roles and where they sit in the courtroom.

! Important It is important that you identify which court your client will be attending, so you can use the most relevant information sheet.

You can also contact the court to arrange a visit so the victim can familiarise themselves with the court environment. It is important that you call ahead to see if the court staff will be available to show you around.

Use with information sheet What to expect at court

The CCTV room• Use the picture to familiarise the witness with the layout of the CCTV room – including the equipment

and where they will sit.

• Outline the people present in the CCTV room and who will be visible on screen.

• Discuss safety.

What is Closed Circuit Television (CCTV) and why give evidence using CCTV?The CCTV room is separate from the courtroom but is linked to the courtroom using cameras and TV screens. Witnesses using CCTV don’t have to go into the courtroom but can be in a safe, remote location while giving evidence and will not see the accused person.

Vulnerable witnesses including children, people with cognitive impairments and victims in sexual assault matters can use CCTV. There may also be other witnesses who can use CCTV, so your client should check with the prosecutor or Witness Assistance Service Officer to see if they are eligible.

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! Important For some witnesses, using CCTV can make them feel safer, and more confident in giving their evidence, although not all victims or witnesses wish to use CCTV. Explain to the witness that they can give evidence in the courtroom if they prefer.

In the CCTV room

Role of the Sheriff’s Officer or Court OfficerThe court or Sheriff’s Officer is there because the CCTV room is an extension of the courtroom. They will ensure that the equipment works correctly, and assist the court with handing documents or exhibits to the witness, and sometimes administering the oath or affirmation.

Role of the support personThe support person can be present in the CCTV room to provide company and emotional support. However, the support person cannot speak while the witness is giving evidence, and cannot help them to answer questions. If the witness has questions about anything including practical matters such as needing a toilet break or a glass of water while the CCTV screens are turned on, they should address them to the Judge, Magistrate or prosecutor.

The witness should be able to:See, hear and speak to the Judge or Magistrate, the prosecutor and the defence lawyer on the screen.

Who can speak to the witness?Only the Judge or Magistrate, the prosecutor and the defence lawyer can talk to the witness.

Who can see and hear the witness?Everyone in the courtroom will be able to see and hear the witness. Safety The witness will not have to see or speak to the accused person while they are giving evidence

in the CCTV room. The CCTV room has limited access and is only available to court staff, the witness and their support person – the accused cannot access the CCTV room. witness that they can give evidence in the courtroom if they prefer.

TipsIt is important for the witness to speak clearly into the microphone so that they can be heard in court, but also because their evidence is being recorded.

It is important that the witness knows that they need to tell the Judge or Magistrate if:

• They can’t hear what is being said.

• They can’t see the person who is talking.

• They can see the accused.

• If they are feeling unwell or want a break.

! Important It is very important that the witness knows that they can speak up about these things, they do not need to wait to be asked if any of these issues arise.

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Court processes – Local Court Hearings

Use with information sheet Court processes: Local Court Hearings

Local Court processThe Local Court is usually the first court that is attended for most criminal matters. Some matters will then proceed to the District or Supreme Court, but many will remain in the Local Court until completion. When an accused person pleads not guilty to the charges, there will be a hearing where the victim and other witnesses will usually need to give evidence.

Go through the Court processes: Local Court Hearings sheet with the witness, explaining each point as you go. NOTE: Points in RED correspond to the points on the information sheet.

! Important It is possible for the accused to change their plea from not guilty to guilty at anytime in the process, including on the day of the hearing. This means your client may come to court ready to give evidence, but may find out on the day they are no longer required to.

• Magistrate calls through the list of cases

Sometimes there is more than one case in court so the victim may have to wait while the Magistrate looks at some other cases in the morning.

! Important It is important to prepare your client for the possibility of an adjournment. Going to court can be unpredictable and there is no guarantee that the hearing will start on the day it is listed. Some hearings are adjourned several times, before they finally get underway.

• Opening addresses (in some cases)

The lawyers on each side may give opening statements to the court about what the case will be about, but may not.

• Prosecution (Crown) case

Evidence-in-chief of victim or first witness

When the victim is giving evidence they are usually the first witness, but in some cases another witness (such as a police officer) may go first.

Cross-examination of first witness

The defence lawyer may cross-examine the prosecution witnesses.

! Important Tips for handling cross-examination are included in the Giving Evidence information sheet.

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Re-examination of first witness

If the prosecutor feels that some important issues arose in the cross-examination then they may ask some more questions to clarify those issues. If the prosecutor does not choose to ask any more questions it may be because they do not think it is necessary to do so.

Other prosecution witnesses give evidence-in-chief, are cross-examined and re-examined.

Close of Crown case.

• Defence case

Explain to the victim that the accused has a right to silence, which extends to their time in court. It means that they may decide not to give evidence themselves, and also may decide not to have any other witnesses.

Accused may give evidence (but doesn’t have to)

Accused cross-examined by prosecutor (if they choose to give evidence)

Accused re-examined

Other defence witnesses give evidence and are cross-examined and re-examined

It is important to remind the victim that all witnesses presented by the defence may be cross-examined by the prosecutor, in the same way that prosecution witnesses may be cross-examined by the defence.

• Crown closing submissions

The prosecutor will summarise the evidence which was presented and tell the Magistrate how that evidence amounts to proof of the offences beyond reasonable doubt.

• Defence closing submissions

The defence lawyer will usually summarise the defence case. They will tell the Magistrate why they think the evidence does not amount to proof beyond reasonable doubt.

• Magistrate considers decision

Sometimes the Magistrate will be ready to make a decision about whether the accused is guilty or not guilty straight away, but sometimes, particularly if there was a lot of evidence or if the case was heard over several days, the Magistrate may take some time to consider their decision. They may ask everyone to come back later that day, or set a new date to give the decision.

• Magistrate delivers finding of guilty or not guilty

If the accused is found not guilty that is the end of the case. If the accused is found guilty the Magistrate may choose to sentence the person on the same day, they may adjourn the case to a new date for sentencing.

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Court processes – District and Supreme Court Trials

Use with information sheet Court processes: District and Supreme Court Trials

District and Supreme Court processThe Local Court is usually the first court that is attended for most criminal matters, and the more serious matters will then proceed to the District or Supreme Courts. The process of transferring matters from the Local Court to the District or Supreme Court is called ‘committal’. In some cases, a committal hearing will be held where witnesses need to attend court, in other cases, no witnesses are needed. Talk to the ODPP solicitor or Witness Assistance Service Officer for more information about the committal process. When an accused person pleads guilty to the charges against them, the case will go straight to sentencing, but when they plead not guilty there will be a trial where the victim and other witnesses may need to give evidence.

Go through the Court processes: District and Supreme Court Trials sheet with the witness, explaining each point as you go. NOTE: Points in RED correspond to the points on the information sheet.

! Important It is possible for the accused to change their plea from not guilty to guilty at any time in the process, including on the day of the hearing. This means your client may come to court ready to give evidence, but may find out on the day they are no longer required to.

• Judge calls through the list of cases and allocates each case to a court and Judge – Callover

There will be more than one trial listed in court on the day. Often there are more trials listed than there are courts and Judges available to hear them. Some cases may start later in the week, others may be adjourned to a new date.

! Important It is important to prepare your client for the possibility of an adjournment. Going to court can be unpredictable and there is no guarantee that the trial will start on the day it is listed. Some trials are adjourned several times before they finally get underway.

• Jury empanelled

It usually takes at least half an hour to empanel a jury, but may take longer. Explain to the witness that juries are selected at random from the community, and will not know the victim, the offender, or anyone else involved in the case.

• Legal arguments (Voir Dire)

At any time during the case there may be legal issues that the Judge needs to make decisions about. Often there will be some legal arguments before the trial commences, and more may follow throughout the course of the trial.

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• Judge addresses the jury

The Judge will explain to the jury what their role is and what things they need to keep in mind during the case.

• Crown opening address

The Crown Prosecutor will give the jury an idea of what the case is about, with a summary of the evidence that the witnesses are likely to give.

• Defence opening address (optional)

The accused’s right to silence extends all the way through to the end of the court process, for this reason the defence do not have to give an opening address, but may choose to.

Explain to the witness that all of these things can take up a lot of time on the morning of the trial. It is possible that the evidence may not begin until after lunch time on the first day, or may not start at all on that day, so make sure they are prepared to wait around for a few hours.

• Prosecution (Crown) case

Evidence-in-chief of victim or first witness.

If the victim is giving evidence, they are usually the first witness. Otherwise the first witness may be a police officer, or another witness. The order of the witnesses is up to the Crown Prosecutor.

Cross-examination of first witness.

The defence lawyer may cross-examine the prosecution witnesses.

! Important Tips for handling cross-examination are included in the Giving Evidence information sheet.

Re-examination of first witness

If the prosecutor feels that some important issues arose in the cross-examination then they may ask some more questions to clarify those issues.

Other prosecution witnesses give evidence-in-chief, are cross-examined and re-examined

Close of Crown case

• Defence case

The accused’s right to silence means that they may not give evidence themselves, and also may not call any other witnesses.

Accused may give evidence (optional)

Accused cross-examined by Crown Prosecutor (if accused gives evidence)

Reassure the victim that if the accused does give evidence, their evidence will not go unchallenged; they can be cross-examined by the Crown Prosecutor.

Accused re-examined

The defence have the same opportunity to re-examine if they feel that they need to clarify issues raised in the cross-examination.

Other defence witnesses give evidence, are cross-examined and re-examined

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• Crown closing submissions

The prosecutor will summarise the evidence which was presented and tell the court how that evidence amounts to proof of the offences beyond reasonable doubt.

• Defence closing submissions

The defence lawyer will usually summarise the defence case. They will tell the court why they think the evidence does not amount to proof beyond reasonable doubt.

• Judges summing up to the jury

The Judge will summarise what has happened in the trial, and then give directions to the jury about the law. They must explain to the jury what is required in order to find the accused guilty of the offence, and they will stress that the evidence must amount to proof beyond reasonable doubt.

• Jury retires to consider decision

The jury can take anywhere from a few minutes to several days to consider their verdict. There is no way to tell how long it will take, and once a decision is reached the lawyers are usually called back to court very quickly to hear the verdict. This can be difficult for victims who wish to see the verdict being given as it may mean waiting for a long period of time in or around the court.

• Jury returns with the verdict

If there is more than one charge, the jury must return separate verdicts on each charge. They may find the accused not guilty on all charges, not guilty on some and guilty on others, or guilty on all of the charges. If the jury is not able to reach a decision on some or all of the charges, this will result in a ‘hung jury’. When a verdict of not guilty is returned it means that the evidence before the court was not enough to prove the offence beyond reasonable doubt, but it does not necessarily mean that the offence did not happen, and the victim and witnesses will not be in any trouble.

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Giving evidence

Use with information sheet Giving evidence

As a worker it is important you understand the process of giving evidence, so you can support your client. It is also extremely important for you to understand the boundaries of your role as a support person, so that you do not inadvertently influence the victim or witness’s evidence.

TipsRead through the tips with the witness and answer any questions they might have. They are likely to be very nervous about giving evidence and this might make it difficult for them to remember everything you tell them so make sure you give them the information sheet to take home and look over again later.

Oaths and affirmationsExplain that the Court Officer will call the witness’s name and take them into court (or the CCTV room). The Court Officer will recite the oath or affirmation and ask the witness to say “I do”. It is important that all witnesses understand that giving evidence under oath means that they are bound to tell the truth.

Evidence-in-chiefThe prosecutor is not allowed to ask leading questions of their witnesses. This means that they can’t suggest the answer when they ask the question (for example, was he wearing a red shirt?). Instead they have to ask open ended questions (for example, what colour shirt was he wearing?). This can sometimes make it difficult for the witness as the prosecutor can’t direct them or remind them of important details. For this reason it can be helpful for the victim to read over their statement before they give evidence, to make sure they remember the important details.

! Important Do not go through the witness’s statement with them, or tell them what to say when they give evidence. If they have problems with reading, you can read the statement aloud to them, but do not discuss the content of it with them. It is very important that their memory of what happened is not influenced by anyone.

Cross examinationSome witnesses find cross examination is the most stressful part of giving evidence, while others find it easier because for the most part they only have to agree or disagree with what the defence lawyer says to them. The lawyer has to put the accused’s side of the story to the victim, in order to give them a chance to respond to it. This is why they may say things that are upsetting or difficult to hear. They will often suggest that the victim is lying, or mistaken. It is important to remind them to just answer questions as honestly as they can, sometimes this will mean agreeing with the defence lawyer, and sometimes disagreeing. It is very important that they listen carefully to the questions, and ask for clarification if they don’t understand.

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Re-examination The prosecutor has the option of re-examining the witness, but may not always do so. They will only re-examine if they feel that there are key issues from the cross-examination which need to be addressed. Sometimes witnesses will feel like they have muddled things up, or that things have been twisted by the defence. Reassure the victim that the prosecutor will re-examine them if they think it is necessary to do so.

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Taking care of yourself

Being a victim of a crime or witness to a crime, can be a life-changing experience. People can have different reactions to this experience. It can affect the way someone feels, thinks and behaves. These reactions can be exacerbated by the court process.

Common reactions to being a victim of crime that may affect your client:

Physical effects:• feeling tense or jumpy

• difficulty sleeping and nightmares

• constant tiredness

• feeling uncoordinated

• loss of appetite

• headaches, migraines or stomach aches

Emotional effects can include:• feelings of “going crazy”

• sadness, grief or loss

• anger or irritability

• feeling guilty or feelings of blame

• anxiety, stress, worry or fear

• feeling vulnerable, unsafe and not being able to stay on their own

• feelings of shame or humiliation

• feelings of blame; others blaming the person for what happened or self-blame

Cognitive effects can include:• not being able to concentrate or focus

• difficulty making decisions

• confusion

• slowed thinking

• forgetting details of daily life

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Behavioural effects can include:• avoiding people or places that remind the person of the event or crime

• using alcohol or drugs to numb feelings

• change in eating habits such as loss of appetite or overeating

• withdrawing from relationships or social activities

Other reactions people may experience:• flashbacks or intrusive thoughts or going over and over what happened

• feeling no-one believe or understands

• feelings of being out of control or unable to cope

• a loss of interest or feeling disconnected from the world

! Important It is important when working with victims and witnesses of crime that you acknowledge that these reactions are a normal response and that it is a common experience for people in similar circumstances.

Attending court as a witness may re-trigger some of these reactions for victims of crime, even if the crime occurred some time ago.

Use with information sheet Taking care of yourself

Going to court can be an overwhelming experience. Victims and witnesses might feel scared, stressed or worried about:

• seeing the accused

• being a witness

• being asked difficult questions

• having to remember and talk about what happened.

There are some things you can do to support your client during the court process. Help your client to be as prepared as possible by helping them access information about the court process and what to expect. This may reduce a client’s anxiety by providing some idea of what happens at court, what their role is in the process and what to expect. Helping your client to plan the practicalities of attending court can also assist.

! Important Many victims place a lot of emphasis on the outcome of the court process. It is important to ensure that they have realistic expectations around what the outcome is likely to be. Explain to them that there are no guarantees when it comes to the legal system, and even when it appears that there is a lot of evidence a not guilty verdict is still a real possibility. It is important that the victim is emotionally prepared for this.

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Self-care Discuss with your client things that they can do to take care of themselves during the court process. Some suggestions include:

• Making sure that they get enough sleep and eat well.

• Staying calm – relaxation techniques, breathing exercises or meditation can help.

• Talk to your client about what they do to relax and what helps them to cope and encourage them to do these activities. For example, exercising, watching movies, taking a bath, talking with friends.

Safety It is important that a victim or witness feels safe when they go to court. Let your client know that if they are scared, intimidated or threatened they should let the Police Officer in Charge or the prosecutor know. Some courts have safe rooms where they can wait. Your client should speak to the Police Officer in Charge, prosecutor or witness/victim support service to see if these rooms are available.

Safety A significant source of anxiety and stress for victims and witnesses often relates to safety concerns. Highlighting safety as an important concern and planning strategies to keep the victim or witness as safe as possible can help alleviate this.

Support at courtIt is important that victims and witnesses feel supported during their time at court. Discuss if there is a family member or friend who will accompany them to court or a support service/case worker who is already supporting them. Talk about the limits of what this person can and cannot do.

A support person can:

• be present in the courtroom to provide companionship and emotional support

• wait with the victim before and after they give evidence.

A support person cannot:

• go through the witness’s statement with them

• tell them what to say or influence them in any way

• discuss the content of their evidence

• help the witness to answer questions

• touch or speak to the witness while they are giving evidence.

! Important If you are working with a victim or witness who does not have any support and requires support at court there are court support services that may be able to provide assistance. Please contact Victims Services for information about relevant services.

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Counselling There will be times when the effects on the witness or victim of crime are serious and are having a significant impact on their lives. There are counselling support services that you can refer your client to receive specialist assistance. Some witnesses and victims of crime find that counselling is a helpful support for them as they are going through the court process. Counselling can help by:

• giving the person a place to talk about what has happened or how it has affected them

• helping the person to understand what they are feeling and thinking

• assisting the person with practical strategies to cope with the impact.

There are many organisations that provide counselling to victims of crime. The Approved Counselling Service provides free face to face counselling to victims of violent crimes that have occurred in NSW. The counsellors with the Service have proven experience in working with victims of crime. They are paid by Victims Services and are available in the metropolitan and most rural and regional areas in NSW. You can contact the Victims Access Line or the Victims Services website to find out more about the Approved Counselling Service and other counselling options.

! Important For more information about coping with trauma and common reactions to experiencing/witnessing a crime, please refer to the following information sheets, available from Victims Services: Coping with sleeplessness, Coping with witnessing a traumatic event, Violent crime against men: Where to find help.

Attending court as a witness may re-trigger some of these reactions for victims of crime, even if the crime occurred some time ago.

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Sentencing

Use with information sheet Sentencing

The sentencing hearingSentencing happens at the end of the court process if the accused is found guilty or has pleaded guilty. By this time, your client may have been a witness or observed the trial over a long period of time. It is important to prepare a client for what will happen at sentencing and their role in the sentencing process.

Go through the Sentencing information sheet with the client and explain each point as you go. NOTE: Points in RED correspond to the points on the information sheet.

• You don’t have to attend court for the sentencing hearing unless you want to.

Let the victim know that they can get the outcome from the prosecutor or Police Officer in Charge if they choose not to go to the hearing.

• Both the prosecutor and defence lawyer will present information to the court for the Judge or Magistrate to consider in the sentencing process.

• Some information may be given to the Judge or Magistrate in writing before the hearing in what is called ‘written submissions’. If you don’t hear certain information in the submissions at court, it is possible that it has already been given to the court in written form.

• Some of the things the prosecutor will tell the court about are:

The details of the crime.

The criminal history of the offender.

Previous cases which are similar and the penalties which were imposed in those cases.

Statistics on which penalties are most commonly given for the offence.

Which penalties are legally available for the Judge or Magistrate to give.

• In some cases the victim can write a statement that tells the court about the impact the crime had on them. This is called a Victim Impact Statement and it is given to the Judge or Magistrate by the prosecutor. The victim can read it aloud to the court if they want to.

! Important More information about Victim Impact Statements can be found in the Victim Impact Statement Information Package (available from Victims Services).

• Some of the things the defence lawyer will tell the Judge or Magistrate about are:

The offender’s history or circumstances which they say contributed to committing the offence.

Things the offender may have done to improve themselves or their circumstances since the offence (like courses or counselling).

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Previous cases to show what penalties might be appropriate.

Evidence or references regarding the character of the offender.

Reasons why they think the offender should get a lesser sentence.

• There are rules about what information can be given to the court at the hearing and what cannot.

Many victims feel that some of the information given to the court by the defence is irrelevant or even untrue. There may also be information that they think is relevant which is not given to the court. Warn the victim that it may be frustrating to sit in court and listen to the submissions for this reason.

• The Judge or Magistrate may request a Pre-Sentence Report on the offender. This helps the court to decide what sentence they should give the offender.

Explain that the Pre-Sentence Report is prepared by the Probation and Parole service and gives the court information about the offender and appropriate sentencing options.

Many victims and their families find it frustrating that the sentencing process is focused on the offender, their life and their circumstances, rather than focusing on the victim and the impact of the crime on them. If the option of a Victim Impact Statement is available, encourage the victim to utilise it as their way to be heard in the process.

• Sometimes the offender will be sentenced on the same day as the sentencing hearing, but often the case will be adjourned to another date for the Judge or Magistrate to give their judgement on the sentence.

The case may be adjourned for just a few days, or possibly a few weeks depending on the complexity of the matter and the availability of the Judge or Magistrate.

! Important Sentencing comes at the end of what is usually a long court process. Victims and witnesses may have focused all their energy and attention on the court process and it is common that after it is over, they may experience feeling ‘lost’, disappointed or let down. Reassure your client that this is a common reaction for people in their circumstance.

Ranges of sentencesThe sentence imposed will depend on the circumstances of the offender and what happened in the case.

The prosecutor or Police Officer in Charge may be able to give the victim a better idea of the sentencing options available in their particular case, but they will not be able to guarantee any outcome, or say with any certainty what the sentence will be.

! Important Some victims may expect the sentence to be imprisonment. Going to gaol is not the only possible sentence that an offender can be given. It is important to discuss this in order to manage the victim’s expectation about what sentence is imposed.

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AppealsExplain to your client that after the sentence has been given the offender may choose to appeal.

The Office of the Director of Public Prosecutions (ODPP) can appeal, however this doesn’t happen often and a process must be undertaken before an appeal will be lodged by the ODPP. It does not depend on whether or not the victim thinks the penalty is ‘fair’. Try not to get their hopes up that an appeal is likely, it is better to prepare them for all possible outcomes, including that they may be disappointed with the sentence

Victims RegistersThere are registers available for victims of crime, so that they can be provided with information about an offender after the court matter is finalised. The information given can range from possible release dates, to information about parole hearings. After the sentencing, if the offender is imprisoned, or has become a forensic patient, you can contact Victims Services for more information about how to register.

Corrective Services NSWThis register is for victims of adult offenders who have been convicted and sentenced to an adult gaol for the offence against the victim. The victim cannot go on the register until after the offender has been sentenced, and cannot go on the register if the offender is only in gaol for offences not related to the victim.

The Forensic Division of the Mental Health Review TribunalThis register is for victims of offenders who are forensic patients, that is, offenders who have been found unfit to be tried, or found not guilty by reason of mental illness.

Juvenile Justice NSWThis register is for victims of juvenile offenders who have been convicted and sentenced to a term in a juvenile detention centre. The victim cannot go on the register until after the offender has been sentenced, and cannot go on the register if the offender is only detained for offences not related to the victim.

Safety Applying to be put on a Victims Register can help to increase a victim of crime’s sense of safety after court, as they will be informed of key information about the offender, such as release dates and parole hearings.

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Suggested court preparation sessions

Information about going to court can sometimes be overwhelming for victims and witnesses. Different people are able to process and absorb different amounts of information so think about breaking your sessions down accordingly. Some people may require several, short sessions, others may want more information at a time. Below are some suggestions of how to break down the material in this guide into sessions. How and when you deliver court preparation sessions will depend on the circumstances of the victim or witness, when they are going to court, and the role they are playing at court

! Important Before embarking on any court preparation, you should contact the Police Officer in Charge, the ODPP solicitor, or the Witness Assistance Service Officer to ensure that it is appropriate for you to do so, and to coordinate with them in case they are also doing some court preparation with the client.

Session 1• Ask the client if they have pressing questions or concerns and try to deal with those up front.

• Show the DVD Justice Journey: Information for victims of crime about going to court in NSW

• Answer any questions which have come from watching the DVD

• Read over the What to expect at court information sheet using the prompts in the guide to explain and give extra information to the client.

Session 2• Answer any questions the client may have thought of after the last session.

• Show the client the relevant Courtroom familiarisation information sheet, and the CCTV room information sheet if applicable. Discuss the layout and roles of the people in the court using the guide for extra prompts and information.

• Read over the relevant Court processes information sheet with the client. The guide has an explanation for each point so you can talk them over with the client.

• Read over the Giving evidence information sheet with the client, using the guide for extra information.

Session 3• Answer any questions the client may have thought of since the last session

• Go through the Taking care of yourself information sheet. You may want to read the section in the guide before your session, as it contains some important background information about some of the effects of crime on victims and witnesses.

• Discuss with the client how they are feeling about going to court, and how they plan to look after themselves before, during and after court.

• Answer any final questions the client has.

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Session 4• Consider arranging a visit to the court with your client so that they can become more familiar with

the court environment. Contact the relevant courthouse to see if arrangements can be made for a member of court staff to show you around.

Session 5 (If the accused is found guilty or has pleaded guilty)• Go through the Sentencing information sheet with the client. Each point has an explanation so you can

provide more information step by step with the client.

• Discuss the option of Victim Impact Statements with the client (check with the prosecutor that they are eligible to write one first). Provide the client with a Victim Impact Statement Information Package (available from Victims Services) and read over it with them.

• Discuss how the client is going to take care of themselves during and after the sentencing, and perhaps revisit some of the concepts in the Taking care of yourself information sheet.

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Resources and support

Victims Services The Victims Services website has a range of information available for victims of crime, witnesses and the people who support them.

Resources mentioned in this guide can be ordered from Victims Services and are on the website under ‘Publications’. These include:

• Justice Journey: Information for victims of crime about going to court in NSW (DVD)

• Justice Journey free mobile app available to download on Google Play or from the App Store

• Victim Impact Statement Information Package

• Sentencing Information Package

• A guide to the media for victims of crime

• Coping with sleeplessness

• Coping with witnessing a traumatic event

The Justice Journey section of the website contains more information about the court process and interactive games for children and young people.

Victims Access Line can be contacted for information about counselling and referral to support services that are available for victims of crime

Website ....................................................................................................... www.victimsservices.justice.nsw.gov.au

Phone .......................................................................................................1800 633 063 or (02) 8688 5511 (Sydney)

Aboriginal Contact Line is a dedicated contact line for Aboriginal people who are victims of crime. An Aboriginal Contact Officer can provide information about counselling and support services available.

Phone .......................................................................................................................................................... 1800 019 123

The Office of the Director of Public Prosecutions (ODPP) The Witness Assistance Service provides support to witnesses where the ODPP is prosecuting the matter.

Website ...................................................................................www.odpp.nsw.gov.au/witness-assistance-service

Phone ...................................................................................................................................... (02) 9285 8606 (Sydney)

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Other court preparation resources

Nothing but the truthManual for court preparation for adult and child witnesses in sexual assault criminal proceedings

The manual provides specific practical strategies for preparing adults, children and their supporting parents or carers for court. It contains exercises, fact sheets, resources and comprehensive information for use in preparing people for court.

Produced by Education Centre Against Violence

Website .......................................................................................................................... www.ecav.health.nsw.gov.au

Phone .......................................................................................................................................................(02) 9840 3735

Your Court, Your Safety – A guide to going to court and getting help with domestic violenceThis booklet provides information about the legal process for domestic violence, court processes and a range of support services available in NSW for victims of domestic violence.

Produced by Crime Prevention Division, NSW Department of Justice. See Victims Services for copies:

Website ....................................................................................................... www.victimsservices.justice.nsw.gov.au

Phone ........................................................................................................................1800 633 063 or (02) 8688 5511

So you have to go to Court – For people with cognitive disabilities that need to go to courtThis DVD has been developed for people with cognitive disabilities in the community to provide information about going to court. This resource is also available to view online.

The Law and You – Legal information for African Communities in NSWThis DVD provides information about the justice system the court process and other issues for African communities. This resource is available in Arabic, Juba Arabic, Krio, Amharic, Dinka, Kiswahaili and Somali. This resource is also available to view online.

Both DVDs are produced by Diversity Services, NSW Department of Justice.

Website .....................................................................................................www.justice.nsw.gov.au/diversityservices

Phone ....................................................................................................................................................... (02) 8688 8460

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Important rights for victims of crime

A victim of crime may come into contact with different government agencies, non-government agencies and private practitioners during their journey through the criminal justice system. There are several charters and policies that outline how victims of crime should be treated by agencies they are in contact with.

The Charter of Victims Rights (Victims Rights and Support Act 2013)The Charter makes sure that victims of crime are treated with courtesy and compassion at all times and their rights and dignity are respected by the service providers that they come into contact with. There is also a complaints process if a victim of crime believes their rights have been breached under the Charter (a copy of the Charter in on pages 35-36).

Rights for victims for crime include:

• Being treated with courtesy, compassion and respect.

• Information about the prosecution of the accused.

• Information about trial process and the role of the witness.

• Safety and protections while at court.

• Information about how to complain if your rights are not met.

For more information contact Victims Services:

Website (under 'Victims Rights') ........................................................... www.victimsservices.justice.nsw.gov.au

Phone ........................................................................................................................1800 633 063 or (02) 8688 5511

NSW Courts and Tribunals Client Service CharterThe Client Service Charter sets out the services and standards that victims of crime should expect from NSW Courts and Tribunals.

This includes commitments to:

• be courteous, respectful and professional

• act honestly, fairly and impartially

• take into account specific needs

• provide access to information, services, courts and tribunals

• treat information and enquiries in confidence and with sensitivity

• make services faster, simpler and easier to use.

For more information, contact NSW Courts and Tribunal Services:

Website ........................................................................................................................www.courts.justice.nsw.gov.au

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NSW Police Customer Service Charter

The NSW Police Customer Service Charter outlines their commitments to customer service and what victims of crime and the public should expect when they are in contact with the police.

Customer service commitments include:

• to be accessible

• to be professional

• to take appropriate action

• to keep victims of crime informed about their matter.

For more information, see Our Customer Service Program and Charter:

Webpage ......................... http://www.police.nsw.gov.au/services/customer_service_program_and_charter

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The Charter of Victims Rights (Victims Rights and Support Act 2013)

1 Courtesy, compassion and respect A victim will be treated with courtesy, compassion, cultural sensitivity and respect for the victim’s rights

and dignity.

2 Information about services and remedies A victim will be informed at the earliest practical opportunity, by relevant agencies and officials, of the

services and remedies available to the victim.

3 Access to services A victim will have access where necessary to available welfare, health, counselling and legal assistance

responsive to the victim’s needs.

4 Information about investigation of the crime A victim will, on request, be informed of the progress of the investigation of the crime, unless the disclosure

might jeopardise the investigation. In that case, the victim will be informed accordingly.

5 Information about prosecution of accused

(1) A victim will be informed in a timely manner of the following:

(a) the charges laid against the accused or the reasons for not laying charges,

(b) any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision to accept a plea of guilty by the accused to a less serious charge in return for a full discharge with respect to the other charges,

(c) the date and place of hearing of any charge laid against the accused,

(d) the outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.

(2) A victim will be consulted before a decision referred to in paragraph (b) above is taken if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm or psychological or psychiatric harm to the victim, unless:

(a) the victim has indicated that he or she does not wish to be so consulted, or

(b) the whereabouts of the victim cannot be ascertained after reasonable inquiry.

6 Information about trial process and role as witness A victim who is a witness in the trial for the crime will be informed about the trial process and the role of

the victim as a witness in the prosecution of the accused.

7 Protection from contact with accused A victim will be protected from unnecessary contact with the accused and defence witnesses during the

course of court proceedings.

8 Protection of identity of victim A victim’s residential address and telephone number will not be disclosed unless a court otherwise directs.

9 Attendance at preliminary hearings A victim will be relieved from appearing at preliminary hearings or committal hearings unless the court

otherwise directs.

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10 Return of property of victim held by State If any property of a victim is held by the State for the purpose of investigation or evidence, the inconvenience

to the victim will be minimised and the property returned promptly.

11 Protection from accused A victim’s need or perceived need for protection will be put before a bail authority by the prosecutor in

any bail application by the accused.

12 Information about special bail conditions A victim will be informed about any special bail conditions imposed on the accused that are designed to

protect the victim or the victim’s family.

13 Information about outcome of bail application A victim will be informed of the outcome of a bail application if the accused has been charged with sexual

assault or other serious personal violence.

14 Victim Impact Statement A relevant victim will have access to information and assistance for the preparation of any victim impact

statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.

15 Information about impending release, escape or eligibility for absence from custody A victim will, on request, be kept informed of the offender’s impending release or escape from custody,

or of any change in security classification that results in the offender being eligible for unescorted absence from custody.

16 Submissions on parole and eligibility for absence from custody of serious offenders A victim will, on request, be provided with the opportunity to make submissions concerning the granting of

parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.

17 Financial assistance for victims of personal violence A victim of a crime involving sexual or other serious personal violence is entitled to make a claim under

the Victims Support Scheme.

18 Information about complaint procedure where Charter is breached A victim may make a complaint about a breach of the Charter and will, on request, be provided with

information on the procedure for making such a complaint.

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Dictionary: Words used in court

A

Accused

The person charged with committing the crime. The accused can also be called the defendant.

Acquit/Acquittal

When the Magistrate or Judge and jury find the person not guilty of the crime.

Adjournment

When the case is put off until another day. It can also mean a break for morning tea or lunch

Admissible

Used to describe evidence that is allowed to be given in court.

Affirmation

A promise to tell the truth in court. Used by people who do not wish to swear on the Bible or other religious book.

Antecedents

A person’s criminal record. This is not disclosed to the jury, but will be given to the Judge on sentence or on a bail application.

Appeal

To take a case to a higher court in order to challenge a decision.

Apprehended Violence Orders (AVOs)

AVOs are court orders aimed to restrict the behaviour of a person. They can include orders that a person not assault, stalk, harass, threaten, intimidate or damage the property of another person, or that they cannot approach or contact a person.

Arraignment

Where the details of the charges (called an indictment) are read out to the accused in court. The accused will then plead guilty or not guilty.

B

Bail

An agreement to turn up to court. The accused may be given bail by the police or the court. A person on bail is allowed to go free until their case is next at court, but they may have some conditions placed upon them that they must abide by.

Barrister

A lawyer who specialises in presenting matters at court. Usually wears a wig and gown in court.

Bar table

A long table near the front of the courtroom where the lawyers sit.

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Bench

Where the Judge or Magistrate sits.

Beyond reasonable doubt

The test (or standard of proof) used by a jury, Judge or Magistrate to decide if the accused is guilty or not guilty of a criminal charge. It must be proved beyond reasonable doubt that a person has committed an offence before they can be convicted.

Brief of evidence

The evidence in written form, including the charge(s), witness statements, photographs etc. that the prosecution intends to use to prove the case.

C

Charge

The allegation that a person has committed a specific crime.

Charter of Victims Rights

Victims of crime in NSW have a Charter of Victims Rights to protect and promote their rights. The Charter of Victims Rights obliges government agencies to ensure that a victim is at all times treated with courtesy and compassion, and that their rights and dignity are respected.

Children’s Court

This is a special court (generally closed), which is used in most instances for hearings where the accused is under 18 years and for children’s care matters.

Closed Circuit Television (CCTV)

This is a provision available to vulnerable witnesses and complainants in sexual assault matters so they can give evidence to the court from a remote location. In special situations CCTV is used for adult witnesses at the discretion of the court.

Closed court

When no one other than a witness support person can sit in the public gallery. The public are excluded and the press may be excluded.

Committal hearing

A hearing of some of the evidence at the Local Court by a Magistrate who then decides if there is enough evidence for the case to go to trial.

Complainant

Used to describe victims of crime in court.

Conference

A meeting with the solicitor or barrister (or both) to talk about the case.

Conviction

When a person accused of committing a criminal offence is found guilty of that offence and it is recorded on their criminal history.

Counsel

Another word to describe barristers acting for the defence or the prosecution.

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Court

The building where the case is heard. Also used to describe in general terms the judicial officer hearing the case, such as a Judge or Magistrate.

Court Officer

A person employed to assist with the running of the court. Generally this person will call your name when you are required by the court to give evidence.

Criminal history

A record of offences of which a person has been convicted.

Cross-examination

When the lawyer for the accused (defence) asks questions of the prosecution witnesses about the evidence they have given and other matters. This term also refers to the questions that the prosecutor asks of defence witnesses.

Crown Prosecutor

A barrister who presents the prosecution case in court. Also known as a Crown.

D

Defence

The accused person’s case and the lawyers who represent them.

Defence counsel

A barrister who presents the accused person’s case in court.

Defendant

The person charged with committing the crime. The defendant can also be called the accused.

Deliberations

When the jury leave court and go to a special room to make their decision.

Dock

An enclosure in a court where a defendant sits during a trial.

E

Empanel a jury

Picking 12 people out of a larger group that have all been asked to come and sit on a jury.

Evidence

This is information provided to the court. Your statement forms the basis of the information or evidence that you will give in court, that is, what you saw, heard or experienced.

Evidence-in-chief/examination-in-chief

When the prosecutor asks the witness questions so that they can tell the court what happened.

Exhibits

All the other evidence (apart from statements from witnesses) needed to help present the case, such as documents, photographs, clothing or other items relevant to the case.

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F

Forensic patientA forensic patient is a person who has been found unfit to be tried for an offence and ordered to be detained in a correctional centre, mental health facility or other place, or been found not guilty by reason of mental illness and ordered to be detained in a correctional centre, mental health facility or other place or released into the community subject to conditions.

H

Hung juryIf the jury cannot agree whether the accused is guilty or not guilty it is called a hung jury.

I

Indictable offenceAn offence that may be dealt with in a higher court by a judge and jury. Indictable offences usually have a maximum penalty of more than 2 years’ imprisonment. The less serious indictable offences can be heard in a Local Court, the more serious indictable offences are usually heard in a higher court before a Judge and jury (or Judge alone).

IndictmentThe formal charge for more serious cases. Used in the District and Supreme Courts.

Instructing solicitorA solicitor who helps with the preparation of the case and helps the barrister in court.

J

JudgeThe Judge is in charge of the District and Supreme Courts and makes sure that it is run fairly for both sides. The Judge is addressed as ‘your honour’. The Judge decides the sentence of a convicted offender.

Judge’s AssociateA person who helps the Judge in court with documents used in the case, such as exhibits.

JuryTwelve people who listen to all the evidence to decide if the accused person is guilty or not.

L

Legal argumentAn argument about the law, which has to be decided by the Judge; the witness and jury usually leave when this happens.

M

MagistrateThe person in charge of the Children’s or Local Court who decides whether someone is guilty, not guilty or needs to be sent to the District Court for a trial. They are addressed as ‘your honour’.

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Majority verdict

In some circumstances if the jury cannot agree unanimously on a verdict because one person disagrees, then the verdict agreed upon by eleven of the jurors can be accepted.

Mention

A brief hearing to sort out what will happen with the case, such as setting a date for a hearing or deciding bail. It is not a full hearing of the case.

N

No bill/no further proceedings

The ODPP may decide that a case will not go to court and this is known as no bill, or decision of no further proceedings. Generally it means that the ODPP has decided that the evidence against the accused is not enough for the accused to be found guilty beyond a reasonable doubt in a hearing or trial

Non-publication order

An order made by the court that certain details of the case not be published or broadcast. If you are under 16 years of age or a victim of sexual assault, your name and other details cannot be published or broadcast in the media unless you want them to be.

O

Oath

A promise to tell the truth in court by swearing on a religious book that is important to the person making the promise.

Objections

When the defence or prosecution believe a question is not fair or appropriate, they can object and the Judge or Magistrate must decide based on the rules of the court whether or not the witness has to answer it.

Offender

A person who has been convicted of a crime or an offence.

Office of the Director of Public Prosecutions (ODPP)

The ODPP is an independent body established by the State government to prosecute serious criminal offences. The ODPP provides a solicitor and/or Crown Prosecutor to prepare and present the case at court.

Open court

When the court is open to the general public to enter and observe the proceedings.

P

Paper committal

A paper committal is when the Magistrate reads the brief and decides whether or not there is enough evidence to send the case to trial.

Plea

When the accused tells the court whether they are guilty or not guilty of the charge.

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Police Prosecutor

A person from the police who will present the evidence in the Local Court against the person who is accused of breaking the law.

Pre-Sentence Report

A report to assist the court in deciding what sentence to give a person who is convicted of an offence.

Prosecutor/Prosecution

In the Local Court or Children’s Court, the prosecutor is a specially trained police officer. The prosecutor does not wear a police uniform. In the District and Supreme Court, the prosecutor is a solicitor or barrister from the ODPP. The prosecutor represents the government in a criminal case and the interests of the community and the state at court.

Public gallery

Seats at the back of the court where friends, family or anyone interested can sit quietly and listen.

R

Remand

The act of keeping an accused person in custody whilst awaiting trial.

Re-trial

A new trial of the same matter.

Right to silence

This is a rule to say that a person accused of a crime or offence does not have to say anything from the time they are arrested through to the end of the trial.

S

Sentencing

The process of imposing a penalty on a person who has been convicted of an offence. A range of penalties can be given during including imprisonment, community service orders, good behaviour bonds and fines

Sheriff’s Officer

An officer responsible for security of all parties while at court. You can advise the Sheriff’s Officer if you have any concerns for your safety.

Statement

A written document that sets out the evidence of a witness or an accused.

Subpoena

A court order to make a witness come to court to give evidence and/or bring documents to court.

Summary Hearing

A charge which is always dealt with in the Local or Children’s Court. These are less serious than indictable offences.

Summary Offence

A charge that is dealt with in the Local Court.

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Summing up

A Judge’s review of the evidence and explanation of the law to the jury.

Support person

In the context of a court case - a person that a witness will sometimes have who can sit near them in the courtroom.

T

Transcript

A typed copy of what was said in the court.

Trial

A hearing in the District or Supreme Court before a Judge and jury where the evidence is heard and a decision is made.

U

Unrepresented

The accused is unrepresented if they do not have a lawyer.

V

Verdict

The decision of a jury in a criminal trial.

Victim

The person against whom a crime has been committed.

Victim Impact Statement

A statement read or presented after conviction and before the sentencing of an offender, which informs the court about the harm suffered by the victim as a result of the offence.

Voir dire

Legal argument about the admissibility of a particular piece of evidence in court. The witness and the jury are usually sent out of court while this argument takes place.

W

Witness

A person who has to come to court and answer questions in front of a Magistrate or Judge and jury.

Witness expenses

Witnesses can be paid expenses, in accordance with a set scale, as a contribution towards loss of wages, travelling and related expenses of attending court.

Witness Assistance Services

A service within the ODPP service that can assist victims and vulnerable witnesses through the criminal prosecution process.

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Justice Journey court preparation guide

Information sheets

JusticeVictims Services

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Justice Journey court prepartion guide – Information sheets

The Justice Journey court preparation guide is designed to support the use of the Justice Journey information sheets. The information sheets are reproduced on the following pages. Quantities of these sheets and the guide can be ordered from Victims Services and are on the website under ‘Publications’.

Justice Journey court preparation guide

Information sheets

JusticeVictims Services

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JusticeVictims ServicesInformation about going to court

What to expect at court

Arriving at court When you arrive at court you may need to walk through security, and your bag may be scanned. This will be attended by Sheriff’s Officers. Sheriff’s Officers provide security for courthouses across NSW for the safety of people in the court.

Safety at courtIn most courts, everyone enters the court by the same entrance. It is possible that you may see the accused or their family somewhere in the court complex. If you are feeling unsafe or threatened you should let the Police Officer in Charge, prosecutor, Sheriff’s Officer or support person know. In some cases there may be a safe location for you to wait before court

Court breaks The court has scheduled morning tea and lunch breaks – so you will have a chance to take a break during your evidence, but if you feel you need extra breaks you can ask the Judge or Magistrate.

Courtroom rules • Remember to bow to the Judge or Magistrate when you go in or leave the court.

• Switch off mobile phones before entering the courtroom.

• Be polite and maintain a respectful manner in court.

• Sit quietly in the courtroom.

• Take off your hat, cap or sunglasses.

• Do not eat, drink, chew gum or smoke inside the courtroom.

• The correct way to address a Judge or Magistrate is ‘Your Honour.’

Planning your day at court

What do I wear?

Wear clothes that are neat, tidy and comfortable as you will be wearing them all day. Bring something warm, as courtrooms can be cold.

Plan how you will get to court

Check timetables for public transport or driving routes to the court, so that you arrive with plenty of time.

Pack a bag

Take something to read or do, as you may have to wait for while before going in to court. It is also a good idea to bring something to eat and drink, as the day may be long.

Emotional support

Think about whether you would like to bring along a family member or friend to wait with you at court.

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Page 2 of 2 Information about going to court What to expect at court

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.

This document has been prepared by the Victims Services for general information purposes. (FS36a • REV 09/2015)

I have questions, who do I ask?

Remember you can talk to the police, prosecutor, court staff or your support person if you have any worries or questions.

Witness expenses

Expenses are paid to witnesses who attend court to give evidence. This can help with travel costs, loss of earnings and meals/snacks while you are in court. Speak to the Police Officer in Charge or the Witness Assistance Service about how to claim for these allowances.

Dealing with the media

Court cases are generally open to the public and the media unless the court is closed. The media may be interested in your case and may try to talk to you about it. If you would like information about dealing with the media, contact Victims Services for the booklet A guide to the media for victims of crime.

Checklist – Going to court

I am going to ................................................................Court on ....................................... (date) at ..............................(time)

I am getting to court by .......................................................................................(car/train/bus/someone is driving me).

I am meeting ............................................................................................................ (name of person) once I get to court.

I have someone coming to court with me. That person is .............................................................................................

I have packed a bag and have:

Something to eat and drink

Something to do

Warm clothing

Documents I’ve been asked to bring

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JusticeVictims ServicesInformation about going to court

The courtroom: Local Court

What does a courtroom look like?

Who is who at court?

Accused PersonThe accused person is the person who was arrested and charged for the crime. The accused will usually sit in a section called the dock, or behind the bar table.

Closed Circuit Television (CCTV)Some witnesses can give evidence by CCTV from a remote location.

Court Reporter/MonitorCourt staff record audio of the hearing and some write down or type what is being said.

Court OfficerCourt Officers help the Magistrate and people coming into the courtroom. Some court staff help with the paperwork and direct people to where to sit inside the courtroom. Court staff give the oath or affirmation to the witnesses, which is a promise to tell the truth.

CCTV

Witness Interpreter

Prosecutor

Media

Support Person

Accused Person

Defence Lawyer

Sheriff’s Officer

Court Reporter/Monitor

Magistrate

Court Officer

Public Gallery

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Page 2 of 2 Information about going to court The courtroom: Local Court

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.This document has been prepared by the Victims Services for general information purposes. (FS36b • REV 09/2015)

Defence LawyerThe defence lawyer is the solicitor or barrister representing the accused person. There are sometimes several defence lawyers representing the accused person.

InterpreterSometimes an interpreter will help a witness or the accused person to understand what is being said by translating the question and answer into another language. Interpreters are arranged by the court.

MagistrateIn the Local Court and the Children’s Court, the judicial officer is called a Magistrate. The Magistrate wears a black gown. You call the Magistrate ‘Your Honour’ when you are in court. The Magistrate makes sure the hearing is run fairly and decides whether the accused person is guilty or not guilty of the offence.

MediaSometimes, journalists from the media are allowed to sit and listen in court. The media are allowed to write down what is said in court and sometimes will write this in the newspaper or report it on the news.

ProsecutorIn the Local Court, the prosecutor is a specially trained police officer but does not wear a police uniform. Sometimes, the prosecutor is a solicitor from the Office of the Director of Public Prosecutions.

Public GalleryPeople from the community are sometimes allowed to watch and listen in court. They sit at the back of the court in a section called the public gallery. People in the public gallery are not allowed to talk or interrupt the court. If the court is closed, no one will be allowed to sit in the public gallery.

Sheriff’s OfficerThe Sheriff’s Officer is responsible for security at the court. The Sheriff’s Officer will sometimes scan people when they come to court. This is to check for anything that is not allowed in court.

Support PersonSometimes a witness will have a support person who can sit near them in the courtroom. The support person doesn’t answer the questions being asked by the prosecutor or defence and cannot help the witness to answer the questions.

WitnessThe witness is a person who knows something about the case. The prosecutor and the defence ask the witness questions about what they know. Witnesses are not allowed to talk about the case to other witnesses.

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The courtroom: District and Supreme Courts

What does a courtroom look like?

Who is who at court?

Accused PersonThe accused person is the person who was arrested and charged for the crime. The accused will usually sit in a section called the dock, or behind the bar table.

Closed Circuit Television (CCTV)Some witnesses can give evidence by CCTV from a remote location.

Court Reporter/MonitorCourt staff record audio of the hearing and some write down or type what is being said.

Court OfficerCourt Officers help the Judge and people coming into the courtroom. Some court staff help with the paperwork and direct people to where to sit inside the courtroom. Court staff give the oath or affirmation to the witnesses, which is a promise to tell the truth.

Court Officer

CCTV

Witness Interpreter

Crown Prosecutor

Media

Support Person

Accused Person

Defence BarristerSheriff’s Officer

Court Reporter/Monitor

Judge

Judge’s Associate

Public Gallery

Jury

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Page 2 of 2 Information about going to court The courtroom: District and Supreme Courts

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.This document has been prepared by the Victims Services for general information purposes. (FS36c • REV 09/2015)

Defence BarristerThe Defence Barrister is the solicitor or barrister representing the accused person. There are sometimes several Defence Barristers representing the accused person. In the District and Supreme Courts the Defence Barrister may wear a wig and gown.

InterpreterSometimes an interpreter will help a witness or the accused person to understand what is being said by translating the question and answer into another language. Interpreters are arranged by the court.

Judge’s AssociateA person who helps the Judge in court with documents used in the case, such as exhibits.

JudgeIn the District Court and Supreme Court, the judicial officer is called a Judge. The Judge wears a wig and black or red gown. You call a judicial officer ‘Your Honour’ when you are in court. The Judge makes sure the hearing is run fairly and if the accused person is found guilty they decide the penalty.

JuryIn the District Court and Supreme Court, usually there is a jury. The jury is 12 people from the community who listen to the evidence. The jury decides whether the accused person is guilty or not guilty of each charge.

MediaSometimes, journalists from the media are allowed to sit and listen in court. The media are allowed to write down what is said in court and sometimes will write this in the newspaper or report it on the news.

Crown ProsecutorIn the District and Supreme Court, the Crown Prosecutor is a solicitor or barrister from the Office of the Director of Public Prosecutions. The Crown Prosecutor may wear a wig and gown. Prosecutors represent the State in criminal cases.

Public GalleryPeople from the community are sometimes allowed to watch and listen in court. They sit at the back of the court in a section called the public gallery. People in the public gallery are not allowed to talk or interrupt the court. If the court is closed, no one will be allowed to sit in the public gallery.

Sheriff’s OfficerThe Sheriff’s Officer is responsible for security at the court. The Sheriff’s Officer will sometimes scan people when they come to court. This is to check for anything that is not allowed in court.

Support PersonSometimes a witness will have a support person who can sit near them in the courtroom. The support person doesn’t answer the questions being asked by the prosecutor or defence and cannot help the witness to answer the questions.

WitnessThe witness is a person who knows something about the case. The prosecutor and the defence ask the witness questions about what they know. Witnesses are not allowed to talk about the case to other witnesses.

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The CCTV room

What does a Closed Circuit Television (CCTV) room look like?

• Everyone in the courtroom will be able to see and hear you.

• You will not have to see or speak to the accused person.

Tips • When giving evidence speak clearly into the microphone.

• Make sure you tell the Judge/Magistrate if:

¬ you can’t hear what is being said

¬ you can’t see the person who is talking to you

¬ you can see the accused, as you should not be able to.

What is CCTV?The CCTV room is separate from the courtroom but is linked to the courtroom using cameras and TV screens.

Why give evidence using CCTV? If you are using CCTV, you don’t have to go into the courtroom but you can be in a safe, remote location while you give evidence. This location is confidential. You will not have to see the accused person.

In the CCTV room • In the CCTV room there will be a court or Sheriff’s Officer with you. You may also have a support person with you.

• You will be able to see, hear and speak to the Magistrate or Judge, the prosecutor and the defence lawyer on the screen.

• Only the Judge or Magistrate, prosecutor and defence lawyer can talk to you.

WitnessSupport Person

Sheriff’s Officer

Defence Lawyer/ Prosecutor Judge/Magistrate

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Page 2 of 2 Information about going to court The CCTV room

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.

This document has been prepared by the Victims Services for general information purposes. (FS36d • REV 09/2015)

Who is who in the CCTV room? Below are descriptions of all the people in the CCTV room.

Witness

The witness is a person who knows something about the case. The prosecutor and the defence ask the witness questions about what they know. Witnesses are not allowed to talk about the case to other witnesses.

Support Person

Witnesses can have a support person to sit with them in the CCTV room. The support person doesn’t answer the questions being asked by the prosecutor or defence, and cannot help the witness with their answers.

Sheriff’s Officer

The Sheriff’s Officer is responsible for security at the court. They will sit in the CCTV room with you to operate the equipment and make sure it is working correctly.

Below are descriptions of all the people who you will be able to see on the CCTV screen.

Judge/Magistrate

In the Local Court and the Children’s Court, the judicial officer is called a Magistrate. The Magistrate wears a black gown. In the District Court and Supreme Court, the judicial officer is called a Judge. The Judge wears a wig and a gown. The Judge or Magistrate makes sure the hearing is run fairly.

Prosecutor

In the Local Court, the prosecutor is a specially trained police officer but does not wear a police uniform. Sometimes, the prosecutor is a solicitor from the Office of the Director of Public Prosecutions (ODPP). In the District and Supreme Court, the prosecutor is a solicitor or barrister from the ODPP. The prosecutor may wear a wig and gown.

Defence Lawyer

The defence lawyer is the solicitor or barrister representing the accused person. There are sometimes several defence lawyers representing the accused person. In the District and Supreme Courts the Defence Barrister may wear a wig and gown.

For a full description of courtrooms, refer to the following information sheets: The courtroom: Local Court and The Courtroom: District and Supreme Courts.

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Court processess: Local Court Hearings

Magistrate calls through the list of cases

Opening address (optional)

Prosecution (Crown) case:

• Evidence-in-chief of victim/first witness

• Cross-examination of first witness

• Re-examination of first witness

• Other prosecution witnesses give evidence-in-chief, are cross-examined and re-examined

• Close of Crown case

Defence case:

• Accused may give evidence (but doesn’t have to)

• Accused cross-examined by prosecutor (if they choose to give evidence)

• Accused re-examined

• Other defence witnesses give evidence and are cross-examined and re-examined

Crown closing submissions

Defence closing submissions

Magistrate considers decision

Magistrate delivers finding of guilty or not guilty

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Court processess: District and Supreme Court Trials

Judge calls through the list of cases and allocates each case to a court and Judge

Jury empanelled

Legal arguments

Judge addresses the jury

Crown opening address

Defence opening address (optional)

Prosecution (Crown) case:

• Evidence-in-chief of victim/first witness

• Cross-examination of first witness

• Re-examination of first witness

• Other prosecution witnesses give evidence-in-chief, are cross-examined and re-examined

• Close of Crown case

Defence case:

• Accused may give evidence (optional)

• Accused cross-examined by prosecutor (if accused gives evidence)

• Accused re-examined

• Other defence witnesses give evidence and are cross-examined and re-examined

Crown closing submissions

Defence closing submissions

Judge’s summing up to the jury

Jury retires to consider decision

Jury returns with the verdict

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Giving evidence

Helpful things to remember when giving evidence • Speak loudly, speak clearly and speak slowly.

• Listen carefully to the questions.

• Don’t be afraid to say you don’t know if you really don’t.

• If you don’t understand a question just say so or ask for it to be said again.

• If you can’t remember say that you do not remember.

• If you need time to think about your answer then say that you need more time.

• Try to breathe evenly and stay as calm as you can.

• If you are giving evidence about a conversation, try to use the words that were said. For example, if someone said “Take me to the shops” then the right way to give this evidence is to say, “She said, ‘Take me to the shops’” not “She told me to take her to the shops.”

• If you are giving evidence in the courtroom the accused will be there but you don’t have to look at the accused unless asked to.

• It is normal to feel nervous, upset or embarrassed when giving evidence. If you need to have a break, ask the Judge or Magistrate. Tissues and drinks of water will be available if you need them.

• Remember not to talk about your evidence with other witnesses.

• Focus on telling the truth and answering honestly, not on making the case sound good (that’s not your job).

Tips for evidence-in-chief • Remember that the prosecutor will ask open-ended questions and cannot suggest answers to you.

• If you can, try to remember the order of events and details like times and dates.

• The jury don’t have a copy of your statement so it is important that you talk about what you remember in as much detail as possible, and in an order that makes sense to them.

Tips for cross-examination • Defence will often make statements to you, which may not sound like questions. They are asking you to agree or disagree with them.

• Try not to get angry with the defence lawyer even if you feel they are being aggressive or rude to you; they have a job to do.

• Only answer what you are asked.

• Keep your answers clear, simple and to the point.

• If you don’t agree with something that is suggested to you, it is important that you say so.

• Don’t try to guess the purpose or reason behind the questions, just answer honestly.

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Page 2 of 2 Information about going to court Giving evidence

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.

This document has been prepared by the Victims Services for general information purposes. (FS36g • REV 09/2015)

Giving evidence at courtMost witnesses give evidence in court however some victims such as sexual assault victims and vulnerable witnesses can choose to give evidence using CCTV.

It is important to remember that what you say is only part of the whole case against the accused.

Remember, it is not your responsibility to prove the case. This is the role of the prosecution. Your job is to tell the truth.

Promising to tell the truth Oath: Swearing on a bible or other religious book to tell the truth.

Affirmation: Making a promise to tell the truth.

Witnesses must give an oath or affirmation before giving evidence. You will be asked to face the Judge or Magistrate, then the Court Officer will recite the oath or affirmation and ask you to adopt the oath or affirmation by saying, “I do.”

Children will be asked to promise to tell the truth.

Evidence-in-chiefEvidence-in-chief is the first part of your evidence. The prosecutor will ask you questions about what happened.

The questions asked in evidence-in-chief are based on what you told the police in your statement. You are allowed to read your statement before you go to court but you won’t usually be allowed to look at it when you give evidence.

Sometimes the defence lawyer will say “objection” about the way the prosecutor is asking you questions. The Judge or Magistrate will decide if you can be asked the question and how it should be asked. Don’t take objections personally, just wait and you will be told when to continue.

Cross-examinationCross-examination is when the lawyer for the accused (the defence lawyer) asks you questions.

Sometimes the defence may say things like “I put it to you…” or “I suggest to you…”. These may not sound like questions but they are.

The defence lawyer might suggest that you are mistaken, confused, exaggerating or not telling the truth. Stay calm and try to answer the questions as best you can even if you feel hurt or offended.

If a question is offensive or inappropriate the prosecutor will object to it, and the Judge or Magistrate will decide whether or not you have to answer it.

Re-examinationAfter the defence lawyer has finished asking you questions, the prosecutor may want more information about what you said in cross-examination. They can ask you more questions, this is called re-examination. If they do not ask any more questions, it is because they do not think it is necessary.

When you have finished giving evidenceWhen you have finished giving your evidence, the Judge or Magistrate says “You are excused.” This means that you can go home or you may be able to sit in the back of the courtroom and listen to other witnesses, but check with the prosecutor first.

Even when you have finished giving evidence you still need to check with the prosecutor or Witness Assistance Service Officer about whether you can talk about court. Sometimes you may have to wait until all the legal proceedings have finished before talking about your evidence with friends, family or other witnesses.

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Taking care of yourself

Going to court can be an overwhelming experience. You might feel scared, stressed or worried about:

• seeing the accused

• being a witness

• being asked difficult questions

• having to remember and talk about what happened.

Suggestions for looking after yourselfIt is important that you look after yourself before, during and after the court case.

• Gather as much information as you can about the court process, what to expect and what your rights are as a victim of crime.

• See if someone can go to court with you to provide support and companionship.

• Before court, try to get enough rest and eat well.

• Learn relaxation techniques to help you stay calm.

• Talk to someone: a close friend or relative, a counsellor, someone from a victims support group or anyone else you feel you can trust and confide in.

• Do something just for you that you enjoy.

SafetyYour personal safety is very important. While at court if you are scared, intimidated or threatened you should let the Police Officer in Charge or the prosecutor know. Some courts have safe rooms where you can wait. Speak to the police officer, prosecutor or witness/victim support service to see if these rooms are available.

Support at courtIf you are a witness, you can have someone with you while you give evidence at court. This is known as court support. Court support can be provided by a service or family/friend depending on your needs. The Judge will decide where they sit so that you can see them. They cannot help you to answer the questions but it may be comforting to have them near you. You can speak to the prosecutor or the Witness Assistance Service about the role of your support person.

CounsellingSome witnesses and victims of crime find that counselling is a helpful support for them as they are going through the court process.

Counselling can help by:

• giving you a place to talk about what has happened

• helping you to understand what you are feeling

• assisting you with ways to cope.

For information about counselling, please contact the Victims Access Line for more information on: (02) 8688 5111 or 1800 633 063.

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Sentencing

The sentencing hearing • You don’t have to attend court for the sentencing hearing unless you want to.

• Both the prosecutor and defence lawyer will present information to the court for the Judge or Magistrate to consider in the sentencing process.

• Some information may be given to the Judge or Magistrate in writing before the hearing in what is called ‘written submissions’. If you don’t hear certain information in the submissions at court, it is possible that it has already been given to the court in written form.

• Some of the things the prosecutor will tell the court about are:

¬ The details of the crime.

¬ The criminal history of the offender.

¬ Previous cases which are similar and the penalties which were imposed in those cases.

¬ Statistics on which penalties are most commonly given for the offence.

¬ Which penalties are legally available for the Judge or Magistrate to give.

• In some cases the victim can write a statement that tells the court about the impact the crime had on them. This is called a Victim Impact Statement and it is given to the Judge or Magistrate by the prosecutor. The victim can read it aloud to the court if they want to or a representative can read the Victim Impact Statement on behalf of the victim.

• Some of the things the defence lawyer will tell the Judge or Magistrate about are:

¬ The offender’s history or circumstances which they say contributed to committing the offence.

¬ Things the offender may have done to improve themselves or their circumstances since the offence (like courses or counselling).

¬ Previous cases to show what penalties might be appropriate.

¬ Evidence or references regarding the character of the offender.

¬ Reasons why they think the offender should get a lesser sentence.

• There are rules about what information can be given to the court at the hearing and what cannot.

• The Judge or Magistrate may request a Pre-Sentence Report on the offender. This helps the court to decide what sentence they should give the offender.

• Sometimes the offender will be sentenced on the same day as the sentencing hearing, but often the case will be adjourned to another date for the Judge or Magistrate to give their judgement on the sentence.

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Page 2 of 2 Information about going to court Sentencing

© State of New South Wales through Victims Services, Department of Justice, October 2012 (REV 09/2015). This work may be freely reproduced for personal, educational and government purposes. Permission must be received from the Department for all other uses.

Alternative formats of this information is available.

This document has been prepared by the Victims Services for general information purposes. (FS36i • REV 09/2015)

Ranges of sentencesSentences that can be imposed by the court can include:

• a fine

• a good behaviour bond

• a community service order

• home detention

• imprisonment.

The sentence imposed will depend on the circumstances of the offender and what happened in the case.

AppealsAfter the sentence is given, the offender can appeal to a higher court against their conviction or the sentence they received.

The Office of the Director of Public Prosecutions (ODPP) can appeal against a sentence if they feel it is ‘manifestly inadequate’, that is, so lenient that it does not adequately reflect the seriousness of the crime. The ODPP cannot appeal against a not guilty verdict.

If the court upholds the appeal, the court can make a number of decisions. These decisions include:

• Changing the sentence.

• Ordering a re-trial.

• Acquitting the offender. This means they are free to go and the charges are dropped.

Victims RegistersThere are registers available for victims of crime, so that they can be provided with information about an offender who goes to gaol. The information given can range from possible release dates, to information about parole hearings. After the sentencing, if the offender is imprisoned, or becomes a forensic patient, you can contact Victims Services on 1800 633 063 for more information about how to apply to go on a register.

Victims Services’ Victims Access Line provides a single entry point for victims of crime in NSW to assist them in accessing services.

Phone 1800 633 063

Hours 8am to 6pm, Monday to Friday (exc public holidays)

Email [email protected]

Website www.victimsservices.justice.nsw.gov.au

Address Level 1, Justice Precinct Offices 160 Marsden Street, Parramatta

Post The Commissioner of Victims Rights Victims Services

Locked Bag 5118 Parramatta NSW 2124

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