Going to court

After a crime has been reported to the police, they will decide whether to investigate the matter. Anyone can report a crime and police do not need the victim to make a statement to start an investigation. Importantly, police do not need a statement of ‘complaint’ to start an investigation.

A witness statement is your written account of what happened. The police will ask you questions and write down what you have said. You will be asked to read it and sign it with your name. When you sign a witness statement you are saying you agree the statement is a true account of your experience. Your witness statement may be used as evidence in court. You should contact the police if you remember something not included in your original statement so an amended statement can be prepared.

After police gather evidence they provide that evidence to the Office of the Public Prosecutor. A Prosecutor will then consider that evidence and decide whether or not to prosecute. In making that decision the Prosecutor will consider first whether there is enough evidence to prove the offence and then whether it is in the public interest to proceed. When considering the public interest the Prosecutor will take the victim’s views into account, however, those views will not determine whether a prosecution proceeds or not. The decision to prosecute is made only by the Prosecutor and in accordance with the Prosecution Guidelines. However, if a decision is made not to proceed with a matter the prosecutor should advise the victim within a week of that decision being made.

As a witness or victim you only need to go to Court if you receive a summons or agree to go when asked by a prosecutor or police.

No, not every time. Before you go to Court the defendant usually attends Court a number of times and and you do not need to go on any of these occasions. If the defendant has said the charge is not true, or has pleaded not guilty, the matter will proceed to trial and that is when you will be summoned to come to Court and give evidence. If the defendant has said to the Court that the charge is true, or they are guilty, you will not need to come to Court at all. However, if you are a victim of the crime you may want to write a Victim Impact Statement and if you want to attend the Sentencing Proceedings the prosecutor will be happy to provide details to you and answer any questions you have about the sentence.