The Court process

Queensland Courts

All criminal matters begin in a Magistrates Court.The court process for rape and sexual assaults usually involves two separate court jurisdictions, the Magistrates Court and the District Court.

Protecting witnesses

Queensland Courts afford victims of sexual offences, affected child witnesses and special witnesses protections when proceeding through court. These are detailed in the Evidence Act 1977 (EA) and the Criminal Law (Sexual Offences) Act 1978.

Section 21A of the EA provides protections for special witnesses and affected child witnesses. Some people automatically fall into this category, for example if they are a child or they have a mental impairment. Otherwise, the court can declare a person a special witness by hearing evidence. When the court hears evidence from these special witnesses, there are a range of options to assist the witness. These include ensuring the victim has minimal contact with  the offender during court proceedings or in the court building. Where the witness is an affected child witness, there are further protections in place.

For more information refer to the Supreme Court Bench Book: http://www.courts.qld.gov.au/ information-for-lawyers/benchbooks-and-ucpr-bulletin/supreme-and-district-courts-benchbook.

What happens at the Magistrates Court?

At the Magistrates Court there will be a Committal Hearing where a magistrate will decide if there is enough evidence for a jury to convict the defendant (offender). Here’s what will happen:

1. The prosecutor will present the case against the defendant and call witnesses, so the magistrate can hear their evidence
2. The defence lawyer or defendant may cross-examine these witnesses
3. The magistrate may invite submissions on the sufficiency of the evidence presented
4. After hearing all the evidence, the magistrate will decide if there is sufficient evidence to commit the defendant to trial in the District Court
5. If there is insufficient evidence the magistrate will dismiss the case and the matter will proceed no further. The original complaint that you made to police is now finalised. The defendant is free to leave the court and is no longer a defendant
6. If the magistrate decides there is sufficient evidence, both defence and prosecution will be advised that the matter (charges against the defendant) will be heard in a higher court. The higher court in Queensland is the District Court
7. It may take several months, if not longer, for the charges to be presented at the District Court and the court process starts again. A date will be set, and all witnesses and evidence will be presented at the District Court trial.
8. At conclusion of the committal hearing the magistrate will ‘enlarge’ the existing bail conditions on the defendant to ensure your protection while waiting for a date at District Court. Alternatively, the magistrate may remand the defendant in custody.

Learn more about what happens at the Magistrates Court

What happens at the District Court?

The District Court trial is held before a Judge and 12 members of a jury. In some cases, the trial might be heard by a Judge only. The purpose of the trial is to establish, beyond reasonable doubt, whether the accused is guilty or not guilty of the offence.

There is usually some delay between the Magistrates hearing and the District Court trial. Police and the Office of the Director of Public Prosecutions (ODPP) will keep you advised of when the trial will be held. If you are going to be away or unavailable, let the police and the ODPP know, so the scheduling of the trial doesn’t cause you inconvenience. It’s also very important you advise the police and the ODPP if you change your address or phone number.

Learn more about what happens at the District Court 

Giving evidence

Everything said in court is evidence and must be true and relevant to the case. When answering questions, you should:

• Tell the truth – it is a crime to lie in court
• Take your time
• Only give evidence of what you saw, heard, felt or did - not what other people told you
• Answer the questions in your own words
• Only give information that is requested
• Never answer a question you do not understand - ask the lawyer to repeat or explain the question
• If you don’t know the answer or can’t remember, say so
• Not speculate or give personal opinions unless asked
• Ask for a break if needed, but do not discuss your evidence with anyone during this break.

If I am the victim, do I have to go to court and give evidence?

Yes, after the offender has been to court, you will also be required to go and give evidence. You may need to do so several times. If you are asked to give evidence before the committal hearing in the Magistrates Court, you may be questioned by the prosecutor and defence lawyer. If the case goes to trial before the District Court you will be required to give evidence and the prosecutor and defence lawyer will question you - sometimes the Judge may also ask you questions.

Measures will be taken to keep you separated from seeing the accused. The investigating officer for your matter will be present on the day to assist and guide you. Sometimes the court may be closed while you give evidence – this means that the public will not be allowed in the courtroom. This is at the discretion of the magistrate or judge.

Further information can be found at the Legal Aid site. 

What if I am afraid to give evidence, or I find it difficult to talk about what happened to me?

It’s understandable that you may find it difficult to give evidence about what happened to you. In this case, the prosecutor can ask the magistrate or judge to declare you a ‘special witness’. A special witness can be a child, a victim of the crime, or any witness likely to be disadvantaged or suffer severe emotional damage.  The prosecutor can ask for arrangements to make it easier for special witnesses to give evidence. The magistrate or judge will make the decision about measures to be taken.

They may include:

• Putting up a screen between you and the accused
• Allowing you to have a support person in the court
• Allowing you to give evidence before the trial by video link from a remote witness room
• Closing the court to the public.

What other support is available during the court process?

The Office of the Director of Public Prosecutions has Victim Liaison Officers to help you while the case is going through court.

Their role is to:

• Keep you informed on when the case will go to court and if you will have to give evidence
• Arrange for you to meet with the ODPP legal officer or Crown prosecutor to discuss what will happen in court
• Organise a court support person
• Help you write a victim impact statement that explains how the crime has affected your life. The judge will consider this when deciding a sentence if the accused is found guilty
• Refer you for support and counselling.

Will I be eligible for criminal compensation?

If you are the victim of a crime and the offender is found guilty of the offences against you, you may be entitled to compensation from the offender. Under Queensland law, you can ask the court to order the offender to pay you. If the court cannot order the offender to compensate you, or the offender can't pay, you may be able to apply for funds, known as an 'ex gratia payment', directly from the State Government.

More information is available on the Legal Aid web site.

​What if I change my mind and do not want the trial to go ahead?

If for some reason you do not want to continue with the legal process, you should discuss your concerns with the prosecutor. The Director of Public Prosecutions has the final decision about whether or not a case should proceed. A victim’s wishes will be considered; however, other issues, such as the interests of the community, will also be taken into account, and it may be decided that the case should go ahead. You should ask the case lawyer at the ODPP to arrange support if you are finding the legal process too stressful.