Pilot of video recorded evidence-in-chief statements

The criminal process can be a traumatising and stressful experience for domestic violence victims. Usually, victims must re-tell their story several times, including in court. It can be difficult for victims to recall events by the time of trial, and re-traumatising to re-tell their story. 

The Queensland Government is piloting the use of VRE statements. The pilot is taking place over 12 months in the Southport and Ipswich Magistrates Courts. The pilot commenced September 2022. The pilot will be independently evaluated to see if VRE statements reduce trauma for victims and if there are other benefits.

When can a VRE statement be taken?

We can take a VRE statement for: 

• a contravention of a domestic violence order, police protection notice or release conditions
• an offence involving domestic violence or associated domestic violence.

There are also some additional requirements:

• You are an adult
• The charge is heard by a Magistrates Court
• The court is in a pilot location — at Ipswich or Southport.

We will not take a VRE statement for a protection order application.

All VRE statements must be taken as soon as reasonably practicable after the offence. Police officers will try to take VRE statements when first responding to an incident. Where this is not safe or reasonable, police officers will arrange an alternative time and location with the victim.

How are victims being protected?

There are strong protections to keep victims safe.

• Giving a VRE statement is optional for the victim. Police officers will always explain the process and seek consent to take a VRE statement. Victims do not have to consent to giving a VRE statement and, if consent is given, a victim can later withdraw their consent.
• A defendant will not get a copy of a VRE statement as it is unlawful and is an offence for them to possess one. Although we give defendants a transcript of the VRE statement, it is an offence for them to share the transcript with others. A defendant may attend a police station to view the VRE statement.
• A defendant’s lawyer cannot give a copy of the VRE statement to the defendant. The lawyer must ask for more copies to give to other people, such as barristers or experts. All copies must be given back to the Queensland Police Service when the lawyer stops representing the defendant or the proceedings end.

Who can take a VRE statement?

The Queensland Police Service has trained police officers about how to take VRE statements in a way that is trauma-informed and recognises the complexities of domestic violence.

Only police officers who have completed this training are permitted to take VRE statements.

Information for victims

How will police officers seek your informed consent?

 We have trained police officers about how to take VRE statements. A police officer will explain to you what will happen if a VRE statement is taken. This includes information that:

• your statement may be used in court
• even if your statement is not used, it may be given to the defendant’s lawyer
• you may need to go to court to give further evidence
• you may refuse to give a VRE statement.

Can I have a support person with me while giving a VRE statement?

Yes

Will a VRE statement be taken for every domestic violence offence?

A VRE statement can be taken if it is appropriate and you have consented. The police officer will consider the situation and make sure you are safe.

If it is not appropriate to take a VRE statement, or you have not consented, police will take a written statement instead.

Will I still have to go to court?

If the matter proceeds to trial, yes you will be required to attend court. The VRE statement will be played at your trial, but you will need to go to court to confirm your statement is true and answer any questions from the defence lawyer and the prosecutor.

What happens if I tell police about other offences?

All offences you talk about will be investigated by police. A VRE statement will cover the domestic violence offences. Any other offences will be investigated by the police officer separately.

What happens if I need to provide more information at a later time?

A police officer will take another VRE statement or a written statement from you to include the additional information.

What if I don't speak English?

If you don't speak English or have difficulties with English, you can have an interpreter with you.  The interpreter should attend as soon as possible in person or via tele-conferencing. The interpreter must not be a family member or friend, it must be an independent person. Officers will assist accessing an interpreter for you.

What if I have a disability?

Reasonable accommodations will be made in consideration of your needs, to support you through the interview process. You may also have a support person present with you during the interview. If, however, you do not feel comfortable providing a VRE statement, you can request to provide a written statement instead.

Can I re-watch my VRE statement?

Yes. You will see your VRE statement when it is played in court. You can also ask the investigating police officer to view it at other times.

Can I withdraw consent after my VRE statement has been taken?

Yes. The prosecutor must consider your consent before deciding whether to use your VRE statement in court.

Information for defendants

When will I be told there is a VRE statement in my matter?

You will be given a notice by the arresting officer when you are charged with a domestic violence offence informing you that a VRE statement was taken.

Can I get a copy of a VRE statement?

No. It is a criminal offence for you to possess a copy of a VRE statement. If you are represented by a lawyer, your lawyer will get a copy. If you do not have a lawyer, you will be given a transcript of the VRE statement and you may arrange a time to view the VRE statement at a police station.

How can a defendant without a lawyer view a VRE statement?

You will be given a notice which will tell you which police station to contact to arrange to view the VRE statement. 

Information for lawyers

Will a transcript be available?

Yes. Transcripts will be provided to defendants and to the court as an evidentiary aid.

Are transcripts accurate?

We will automatically produce unverified transcripts. These may have some errors. You will get a copy with the VRE statement.

If you ask for a brief of evidence, a police officer will check the transcript for accuracy. This is a verified transcript. You will get a copy in the brief.

Can I copy a VRE statement? What if I need to give it to a barrister?

No. It is a criminal offence to copy a VRE statement. If you need more than one copy, ask the prosecutor.

Can I keep a copy of a VRE statement after a matter has ended?

No. All copies must be returned to the prosecution within 14 days of the proceedings ending or if you stop acting for the defendant.

Will a VRE statement be disclosed with edits?

Sometimes a VRE statement may be provided with edits to remove material that cannot lawfully be disclosed to the defendant. Otherwise, the prosecution will usually only edit a VRE statement with consent.

Where a charge is heard at the same time as a protection order application, will the VRE statement be used?

Yes. For the protection order application, other evidence such as affidavits may also be used.

Can a VRE statement be used in a committal proceeding?

Yes. But it cannot be used in the superior court.

Can a complainant who has given a VRE statement be a special witness?

Yes