JUSTICE JOURNEY
Information for victims of crime about going to court in NSW
Transcript
Chapter 1: Introduction
HOST
You are watching this program because you have been a victim or a witness to a crime, and someone has been charged by the police for committing that crime. By now you have made a statement to the police and you have been asked to come and tell the court about what happened, what you saw or what you heard. Most people feel nervous or worried about going to court and giving evidence. This video explains what your role is as a witness for the prosecution, what to expect in court, and some tips on how to get through the process.
The formality and legal language of courts can be confusing; you may be worried about coming face to face with the person who has been charged by the police; and there’s the natural fear that if you make a mistake, maybe they could get away with their crime. But while this is a new experience for you, it’s something that is played out in the courts every single day. So having a good idea of what happens in court, who the main people are, and what is expected of you when you give evidence will help you cope with this often bewildering experience. It’s important to remember that there are trained people who can help you through the process, because you have a VERY important job to do. You are not only a victim of crime - you are a WITNESS. Sometimes the most important witness.
Chapter 2: Before you get to court
POLICE OFFICER
Good afternoon, sir
ABORIGINAL MALE
Good afternoon. I’d like to report my laptop’s been stolen.
HOST
Your journey through the justice system starts long before you even set foot in a courtroom. As a victim or witness of a crime you would have given a statement and the person who committed the crime has been charged with breaking the law of NSW. As far as the law is concerned, the “alleged victim”, is one of the witnesses – often the main witness – who can help the prosecution prove the crime.
POLICE OFFICER
So tell me exactly what happened. What you heard. What you saw.
FEMALE
Jack, my ex-boyfriend – was at my door. He was yelling and screaming at me to let him in but I was so scared. I wouldn’t open the door. I was ringing the cops when I heard Dan came home. I wasn’t expecting him home so soon. I heard Jack and Dan yelling at each other and then I heard this thumping sound. I opened the door and saw Jack standing there. Dan was lying on the ground. Jack had the knife in his hand. There was so much blood.
POLICE
Did you actually see Jack stab Dan?
FEMALE
No, but I know he did it. He always carried that stupid flick knife with him. He said he needed it to feel safe. God knows why he needed to feel safe. Everyone was scared of HIM and his crazy temper.
HOST
The detailed statement you give the police, the physical evidence they collect from you, and their other investigations, all form the basis of the case that will be bought against the person accused of the crime.
If the case is prosecuted by the Office of the Director of Public Prosecutions in the District or Supreme Courts, the NSW Witness Assistance Service can put you in touch with any welfare, health, counselling and legal services you may need to get you through this difficult time.
Specially qualified staff will work with children and other groups with specific needs.
DETECTIVE
Do you want to start by telling me about what happened?
TEENAGE GIRL
I was running down the street, hoped that I wouldn’t be late. He drove by in his car and he pulled over and opened the door and said ‘you look like you are in a bit of a hurry there. Would you like a lift to school?’ I said yes, so I got in and gave him directions to my school.
HOST
If you are an Indigenous Australian or come from a non-English speaking background, your culture will be respected at all times, especially around complex and sensitive issues such as family and community connections and beliefs.
POLICE
Do you know her name?
ABORIGINAL MALE
No.
POLICE
It’s very important that we try and identify her. To do that we need to try and get as much detail from you.
ABORIGINAL MALE
She was wearing a black hoodie.
POLICE
So you said… roughly what time did this occur?
ABORIGINAL MALE
Roughly about 6 or 7 pm.
MOTHER
So what happens now, will you charge him?
PLAIN CLOTHED DETECTIVE
Not at first. We give him the opportunity to come in for an interview and if he is charged with an offence, the matter goes to the Local Court. If the Court decides the evidence is strong enough to convince a jury that he committed an offence, the Magistrate will refer your case to the District Court and it is heard in front of a Judge and Jury.
HOST
Your safety and privacy is important - especially if you have been a victim of physical or sexual violence. You should be told if the accused has been granted bail and is back in the community, and you can be protected from contact with the accused and their witnesses. You will also be consulted if they want to plead guilty to a less serious charge in exchange for dropping other charges.
PLAIN CLOTHED DETECTIVE
He has been granted bail but he has been instructed not to come within 500 metres of your house or approach you or your family when you are out and about.
TEENAGE GIRL
I’m scared, I don’t want to look at him, I don’t want to see him – do I have to see him when I go to court?
PLAIN CLOTHED DETECTIVE
No – you will be in a special safe room with Closed Circuit TV cameras. This means the Judge and everyone else can see you on the monitor in the courtroom but you won’t see the accused. You can also have a support person with you when you give evidence.
HOST
There is a lot that has to happen before you get to court. Once charges are laid against the accused, the court process starts in earnest. The prosecutor, or your court support person, will keep you updated about how the trial process works, what you have to do, and where and when the trial will take place.
PROSECUTOR
These are pretty serious charges against the accused. Your husband died as a result of this fight. Jack could go to prison if the charges are proved against him.
FEMALE
I don’t understand - what do you mean proved? Jack stabbed him. What happens next?
PROSECUTOR
Jack has been charged with murder and he will be committed to stand trial in the Supreme Court. “Proved” means that the jury will have to decide if there is enough evidence for them to say that the crime was committed by him beyond a reasonable doubt.
FEMALE
When will I have to go to court?
PROSECUTOR
Generally you won’t need to give evidence at the Committal Hearing in the Local Court, but you will have to give evidence at the trial in front of the Supreme Court Judge and Jury. It’s going to be a long haul I am afraid.
Chapter 3: Overview of the court system
HOST
The primary role of the State court is to deal with State law. There are three tiers in the general court system in NSW: the first is the Local Court, the second the District Court, and the third is the Supreme Court.
The Local Court is the first tier of the Justice System. It hears the vast majority of cases in NSW – from the less serious cases such as driving offences, stealing and property damage – to more serious cases such as assaults where injuries are caused, housebreaking and drug related crimes.
The most serious matters are referred from the Local Court to either the District or Supreme Courts.
The District Court is the next highest court after the Local Court. It is presided over by a judge and hears more serious matters than the Local Court, including all indictable criminal offences except murder, treason and piracy.
In criminal trials, there will often be a jury of 12 people and the judge controls proceedings and decides questions of law.
The Supreme Court generally hears matters involving only the most serious criminal cases.
Chapter 4: The local court
POLICE PROSECUTOR
So have you read through your statement?
ABORGINAL WITNESS
Yep, I think I’ll remember it all but I’m a bit nervous.
POLICE PROSECUTOR
Yes, that’s normal. Remember, as the witness you are there to explain exactly what happened as you saw it. All you can talk about is what you know so try to think of what you saw, what you felt, what you heard and what you did.
ABORGINAL WITNESS
Thanks, that helps. Any other tips?
POLICE PROSECUTOR
Yes, sure. When you get into the courtroom you might feel a bit awkward. Remember to listen carefully to the questions being asked. Speak clearly so the court can hear you properly and if you don’t know the answer to a question just say so. If they ask you a question and you need them to repeat it, don’t be afraid to do so and they will rephrase it for you. Also take a couple of deep breaths before you go into the witness box. It helps to calm the nerves.
ABORGINAL WITNESS
Okay, I think I’m ready. When are we on?
POLICE PROSECUTOR
We are set on at 10 o’clock today. Why don’t you go and sit in the public gallery and you can get a feel for what’s happening in the court today.
HOST
Cases in the Local Court are heard by a Magistrate, rather than by a Judge and Jury. The Magistrate will determine the matter and may impose a sentence if the accused is found guilty.
If the case is more serious, the Magistrate will decide if the case should be committed to the District or Supreme Courts to be heard before a Judge and possibly a Jury. This is called a Committal Hearing. Most likely you won’t be asked to attend a Committal Hearing, but you may choose to go along to see how the court process works. And whilst it is possible you might be called to give evidence at the Committal Hearing, this is generally not the case.
MAGISTRATE
Well, given the serious nature of this offence – bail is refused and the accused shall remain in custody pending the case being heard in the Supreme Court.
HOST
Local Courts can be busy, crowded places, and often feel quite chaotic. Lists outside the courtroom have information about your case and tell you what court to go to.
Multiple cases may be heard in a day, and decisions are often made swiftly.
It can be important to have a support person with you to help you get through the day.
Regardless of which court you are in, the courtroom is a formal place and there are a few rules to obey.
Dress appropriately and in a way that shows respect to the court. Take off your cap, hat or sunglasses. Sometimes courts can be air conditioned so it is a good idea to bring a jacket with you. Switch off your mobile phone. People entering or leaving the courtroom should bow towards the Magistrate or Judge as a mark of respect for the court.
Some cases will be finalized in the Local Court, and you may be called to give evidence during the hearing process. But if your case is set to be heard in a higher court, then your journey through the Criminal Justice System will continue on another day. The legal process can take a long time and you may have to wait for some months for your next court date.
If your case is finalised, this will be the end of your justice journey.
Chapter 5: Preparing for the hearing
HOST
Before going to court, it is important to read your police statement to refresh your memory. The Judge and Jury will not have a copy of your police statement and need to hear all the details from you in court. Depending upon where your matter is heard, you may meet the Prosecutor at a pre-trial conference. This is your chance to discuss the case, ask questions and talk about any of your concerns. It’s important to remember that charges can be withdrawn or negotiated at this or any other stage throughout the legal process. This will be a decision made by the Prosecutors in consultation with you.
FEMALE WITNESS
But I am so nervous, what if I get it wrong or I accidentally contradict myself. If I blow it in the courtroom, could he walk free?
PROSECUTOR
Just try and stick to what you know and always tell the truth. And if you get upset, don’t worry. You can ask for a break.
HOST
Try to remember the details of the incident such as dates, times, descriptions, actions and the exact words used in conversations. It is also important to remember that what you have to say is only part of the whole case against the accused.
Remember, the Prosecutor represents the community and is not YOUR lawyer – it is their job to prosecute the accused on behalf of the State of NSW. Your job is to simply tell the truth, and so you will be asked to swear an oath or affirmation promising this once you get to Court.
FEMALE WITNESS
Is that when I have to swear on the bible? I myself am not religious, so is there any other way I can take an oath?
PROSECUTOR
No – you can choose to make what we call an Affirmation – where you promise to tell the truth. So you will be told what to say, and when to say it, when you enter the witness box.
Chapter 6: In the courtroom
HOST
Before you give evidence it helps to know the role of everyone in court. Everyone has an important part to play.
The Judge or Magistrate presides over the court and, depending on which court you are in, may wear a wig and gown.