Going to Court and the Justice System
This section aims to give you some general information about what to expect if you chose to report a crime to police.
This information, along with relevant victims rights from the Charter of Rights for Victims of Crime Word is available in the booklet: Charter of Rights for Victims of Crime Word(1.8MB). Please contact us if you would like a paper copy of the booklet.
Reporting a crime to Police
There are a number of ways you can report a crime to ACT Policing:
- in an emergency, you can call Triple Zero (000) and ask for “ACT Police”
- if you are not in immediate danger you can
- call the Police Assistance Line on 131 444; or
- go to your local police station and speak to a police officer there, you can find the phone number, location and opening times of your local police station on the ACT Police website.
- if you want to report a crime anonymously, you can call Crime Stoppers on 1800 333 000.
ACT Policing have useful information for victims of crime on their website.
ACT Policing must comply with several obligations for the Charter of Rights for Victims of Crime.
Police investigation
If you report a crime to the police and they may start an investigation into the crime.
If the police start an investigation, they can ask you to provide a statement. This is a written document that explains what happened to you and it is signed and dated by you. You are entitled to receive a copy of your statement. The police can also record or make a video recording of a conversation between you and the police about what happened. If the case goes to court, a copy of the statement is given to the accused person’s lawyer.
You do not have to make a statement or participate in a recording or video recording if you do not want to, but the police may not be able to investigate if you choose not to participate.
The police can also take statements from other witnesses
The police officer handling the case will keep you informed about the progress of the investigation. The police also have Victim Liaison Officers who can offer support through the investigation stage.
Charging a person with a crime
Once police have completed the investigation, they will decide whether or not to charge a person with a crime.
Sometimes police might close the investigation without charging anyone. If police close an investigation, it does not mean they don’t believe you. If an investigation is closed without charging anyone, it is usually because police could not find enough evidence.
If police charge a person, this is an allegation by police that the person has committed the crime. It means that criminal proceedings will commence against the person charged and they will need to attend court where they will be known as the defendant or the accused.
The defendant, once charged, will either be released on bail
Where the police believe that a person has committed an offence but do not believe it is necessary to arrest
A defendant held in custody can apply for bail at any time before the case goes to court, and if they do not get bail they can apply again later. Even if the defendant has confessed to the police that they committed the crime, they can still be released on bail. This is because the law says that people are innocent until they are proven guilty
If you have concerns about your safety, it is important to speak to the police, the DPP or Victim Support ACT about these concerns as soon as possible. If a court is considering whether to grant bail or review a bail decision, the police or the DPP have an obligation to ask you if you have any concerns about the need for protection from violence or harassment by the defendant, and if you express a concern the police or the DPP must tell the court about your concerns. The police, the DPP and Victim Support ACT may seek to implement mechanisms to improve safety, for example:
- opposing bail or seeking particular bail conditions to keep you safe
- undertaking certain protective actions (such as an alert) for persons or places requiring protection where the circumstances warrant it
- providing advice, assistance and referral for safety planning.
If the defendant is on bail, it is likely they will have to follow bail conditions made by the court, which may include conditions to help keep you safe. If the defendant on bail does not follow the bail conditions, their bail might be cancelled and they can be taken back into custody.
If the defendant does not get bail, they will be held in custody before the trial
As court proceeds, the accused will have to make a plea, or tell the court whether they are guilty or not guilty of the charges.
If the defendant is later found guilty (convicted) of the crime at trial, the time spent on remand may count towards their sentence
Prosecution
Once the police charge a person, they prepare a brief of evidence
The prosecutor applies the DPP Prosecution Policy to determine firstly whether there are reasonable prospects of conviction, and secondly whether it is in the public interest to proceed with the prosecution.
It is important to understand that the prosecutor is not your lawyer and does not represent you in court. If the case proceeds, the prosecutor and the defendant will be the parties to the court case and you will be a witness.
Sometimes the prosecutor may decide to discontinue or stop a prosecution or to accept a guilty plea for a less serious charge If this happens, the prosecutor will explain this decision to you.
Decisions by a prosecutor to discontinue the prosecution can sometimes be reviewed by a more senior prosecutor at the DPP. Depending on the circumstances, the decision may be automatically reviewed or you may be able to request a review. You can look at the DPP website or ask the prosecutor for more information about review of DPP decisions.
Sometimes, the prosecutor may apply to the ACT Civil and Administrative Tribunal (the ACAT) for an assessment order in relation to the defendant. This may happen if the prosecutor believes that it may not be appropriate to prosecute the defendant considering the nature and circumstances of the offence and the defendant’s possible mental disorder or mental illness.
The DPP must comply with several obligations under the Charter or Rights for Victims of Crime.
The DPP provides useful information for victims and witnesses on their website, including the Prosecution Policy of the Australian Capital Territory
Court process
Going to Court
The police or prosecutor will tell you if you are required to appear in court as a witness. You will be given a court notice called a subpoena. The subpoena will tell you the date that you must attend court and which court to go to. If you receive a subpoena, you must attend court as directed.
You can watch a video about going to court on the DPP website.
You can also speak to the Witness Assistance Service at the DPP or contact Victim Support ACT about taking a familiarisation tour of the court before you give evidence.
Most criminal cases in the ACT are heard in the Magistrates Court. The Supreme Court hears the most serious cases and the Children’s Court normally hears cases where the defendant was under 18 years old at the time of the offence. While a matter may start in the Magistrates Court, it may later move to a different court for trial or sentencing.
Criminal cases generally happen in a step by step process, with each step often referred to as an appearance. Court processes will differ depending on the court in which the case is heard, the seriousness the crime and whether there are special circumstances for you or the defendant.
In the Magistrates Court, the first appearance for the defendant is called a mention. Here, the defendant can enter a plea of guilty or not guilty or they can request an adjournment (or delay the court date) to allow them time to seek legal advice. They may also apply for bail, and if it is granted, bail conditions may be imposed. You do not need to attend court at this time unless you want to.
If the defendant pleads guilty in the Magistrates Court, they may be sentenced immediately, or the matter may be adjourned for reports to be prepared for sentencing. If the defendant pleads not guilty there might be a committal hearing where the Magistrate decides whether there is enough evidence for the case to proceed to trial.
In the Supreme Court, the first appearance is called a directions hearing. A directions hearing is held before a Registrar who makes orders about what should happen next. If the defendant pleads guilty, a date for sentencing will be set. If they plead not guilty, the Supreme Court may list the case for another directions hearing to make sure that it is ready to go to trial.
It is important to note that the defendant may change their plea from not guilty to guilty at any stage during the proceedings.
Trial
The trial or hearing is when all witnesses give evidence to the court so that the court can decide whether or not the defendant is guilty beyond reasonable doubt
To give evidence, you normally stand in the witness box at the front of the court room. In some circumstances, you may be able to give evidence from a remote witness room. Before giving evidence, you have to promise the court that you will tell the truth. You can do this by taking an oath, which is a religious promise, or making an affirmation, which is a non-religious promise.
You can watch this video to learn more about being a witness.
It is important that you do not discuss your evidence with other witnesses before or during the trial because this could affect the outcome of the case.
The prosecutor will ask you questions about what happened to you. This is called evidence-in-chief. Sometimes, your evidence-in-chief might be pre-recorded in a different location or your interview with the police might be played as part of your evidence.
After the evidence-in-chief, the defence lawyer will ask you questions. This is called cross-examination. It provides the defence lawyer with an opportunity to challenge or test your evidence. While cross-examination may sometimes feel intimidating or hostile, it is important to remember that it is a normal part of our legal process and is not meant as a personal attack on you. In some cases, if the defendant does not have a lawyer, they may ask you the cross-examination questions themselves. This will not be allowed if the charges relate to sexual offences or family violence. In those cases, a Registrar may ask you the cross-examination questions.
The prosecutor may then ask you some further questions regarding any matters that need clarification. This is called re-examination.
At any stage in the trial, you may also be asked questions by the Judge or Magistrate. It is important to remember that if you do not understand a question, or you do not hear it properly, you can ask for it to be repeated.
Once the re-examination is finished, you will be excused from the court and you are free to leave if you wish. If you prefer, you can stay to watch the rest of the trial from the public seating area of the court.
If you have concerns for your safety while giving evidence, you should talk to the prosecutor, the Witness Assistance Service or contact Victim Support ACT, as soon as possible about how you can stay safe.
In some circumstances, you may able to give your evidence from a remote witness room that is located away from the courtroom. There is a television, camera and microphone in the remote witness rooms. You will be able to see and hear the Judge or Magistrate, the prosecutor and the defence lawyer in the courtroom, but you will not be able to see or hear the defendant.
You have rights to be informed about the hearing, to have exposure to the accused minimised and to be present in the court during a proceeding unless the court directs otherwise.
Supports when giving evidence
You can take a friend or support person with you when giving evidence as long as they are not also giving evidence in the trial. You can also contact us or the Witness Assistance Service to ask them to arrange support for when you go to court.
If you are a child or a person with communication difficulties or a disability, you can ask the police or prosecutor for an intermediary to help you to communicate. An intermediary is an independent officer of the court. The intermediary can assess your communication needs and advise justice agencies of the best way for you to communicate so that you can provide your best evidence.
If you find it difficult to speak or understand English, you can ask for an interpreter. If your case is in the Supreme Court, you can ask the DPP for an interpreter. If your case is in the Magistrates Court, you can ask the police for an interpreter.
If you incur expenses or lose income because you have to attend court to give evidence, you may be able to be reimbursed. You can speak to the Witness Assistance Service about this.
Court outcomes
After hearing all the evidence, the court will decide if the defendant is guilty beyond reasonable doubt
If the case is heard at the Magistrates Court or the Children’s Court, the Magistrate will decide whether the defendant is found guilty. If the case is heard at the Supreme Court, a jury
If a Magistrate or a Judge makes the decision, they may reserve their decision and hand it down on another day. If there is a jury, the Judge will explain the evidence to the jury who may take a few hours or a few days to make their decision.
If the defendant pleads or is found guilty then they are convicted of the charges. They are no longer referred to as the defendant and instead can be referred to as the offender.
It is important to remember that if the defendant is found not guilty, it does not mean that the court did not believe you. It means that the prosecutor could not prove the defendant committed the crime beyond a reasonable doubt. Proving a crime beyond a reasonable doubt can be very difficult and sometimes, despite everybody’s best efforts, there is just not enough evidence to meet this strict legal test.
If the defendant has a mental impairment, they may sometimes be found unfit to plead or not guilty by way of mental impairment. If this happens, the court will refer the matter to the ACAT.
Sentencing
After a person pleads or is found guilty, the court must decide what penalty to impose on the offender and the court will hold a sentence hearing.
The court can impose a range of penalties on the offender depending on the crime, the offender’s circumstances and the impact of the crime on you. Penalties may include:
- imprisonment,
- good behaviour orders,
- intensive correction orders
A court sentence of up to two years that the court decides can be served in the community. - community service orders; and
- fines.
The court may find an offender guilty but decide not to record a conviction. This means that the offence is not recorded on the offender’s criminal record.
To help the court decide the offender’s sentence, the court may order ACT Corrective Services to prepare a pre-sentence report
Victim impact statements
You may choose to make a victim impact statement to the court at the sentence hearing. A victim impact statement tells the court about how the crime affected you and the harm you have suffered as a result of the crime. You can read your victim impact statement out in court or ask someone else to read it for you. Sometimes, your close family members or a carer may also make a victim impact statement.
The court will take your victim impact statement into account when deciding the offender’s sentence. Your victim impact statement is evidence and a copy of it will be given to the offender beforehand. In some instances, you can be cross-examined about what you say in your statement.
The DPP website has further information about victim impact statements including a victim impact template. You can also ask the Witness Assistance Service or Victim Support ACT for assistance in preparing your victim impact statement.
The police and DPP have obligations to provide information to you about victim impact statements.
At sentencing, if you have suffered loss as a direct result of the offence, the court can order that a reparation order be made. A reparation order can require the offender to make reparation either by paying money to you or in another way, for example by having property returned to you.
If you want the court to make a reparation order, you should talk to the prosecutor about this well before the sentence hearing. You should give the prosecutor any documents that relate to your loss, such as medical bills related to the crime. You have rights in relation to reparation orders.
Appeals
Sometimes, one of the parties to a criminal case, that is either the prosecutor or the offender, will appeal against a decision or sentence made by the court. A party can only appeal a decision if there is new evidence or they believe that the Magistrate or Judge made an error of law that affected the outcome of the hearing. They cannot appeal a court’s decision just because they don’t like it.
Support at court
Victim Support ACT’s Volunteer Program is delivered by VSACT staff and highly skilled, trained volunteers. Find out more about our Court Support Program.
After Court
Parole and release on licence
Offenders serving a sentence in prison can sometimes apply for parole. Parole is when an offender is released from prison and serves the rest of their sentence in the community under supervision from ACT Corrective Services.
If an offender wants to be released on parole, they must apply to the Sentence Administration Board, often known as ‘the Board’. If the Board accepts an application for parole, the Board must conduct an inquiry into the application. The Board will invite submissions from relevant people, including registered victims, and request reports about the offender, such as a Corrective Services report, or a psychological assessment or a drug and alcohol assessment.
You may make a submission to the Board about the likely effect on you or your family if parole or a release on licence were granted. You can also tell the Board about your need to be protected from violence or harassment by the offender. If you ask the Board not to give your submission to a person, and the Board considers that doing so would endanger you or anyone else, the Board must ensure that your submission is not given to that person. If the Board still intends to give your submission to the person despite your request, they must tell you about this.
The Board may grant the offender parole during the inquiry. It may impose any conditions on the parole it considers appropriate for the offender to follow.
If an offender is serving a sentence of life imprisonment and has served at least ten years of their sentence, the Attorney-General may ask the Board to recommend whether an offender should be released from prison on licence. This is called a release on licence and the Board must conduct an inquiry into any request by the Attorney-General.
Victims Registers
After an offender has been sentenced, you may want to be kept informed about the administration of the offender’s sentence, such as when the offender may be released from prison, if the offender is transferred to another prison or other information that is important for your safety.
If you want to be kept informed in this way, you must apply to be on the Victims Register.
Restorative justice
Restorative justice is a voluntary process which allows you to communicate with the offender in a safe and structured environment, either face to face or by other means if you wish to. Opportunities to participate in restorative justice can happen at different stages throughout the criminal justice proceedings depending on the type of offence.
Restorative justice can provide you with an opportunity to:
- hear the offender take responsibility for the offence
- tell the offender how you and the people close to you have been affected by the crime
- tell the offender what, if anything, they can do to make things better.
Restorative Justice is facilitated by a person called a convenor from the Restorative Justice Unit. The convenor helps to prepare everyone for restorative justice and to communicate with one another safely. The convenor will ensure that you have the central voice in the restorative justice process and that you are supported. As restorative justice is voluntary you can withdraw from or stop the process at any stage.
You can find out more information about restorative justice by contacting the Restorative Justice Unit. A convener will talk with you about the potential benefits and risks of restorative justice in your matter.
You can ask a justice agency, at any time, whether the offence against you can be referred for restorative justice, and if so, ask the justice agency to refer the offence for restorative justice.
Protection orders
If you are concerned about your safety, you may decide to apply for a protection order. This is separate to criminal charges by police.
There are two types of orders: a family violence order and a personal protection order.
For more information on protection orders visit:
- Your Court, Your Safety: a guide to getting a family violence order in the ACT
- Legal Aid ACT Domestic Violence and Personal Protection Order Unit
- Domestic Violence Crisis Service Court Advocacy Program
- ACT Policing Protection Orders
- ACT Magistrates Court Family Violence and Protection Orders