Stage 4: The court process
What happens during the court process
The court process can be unpredictable and lengthy – it may take months or years. It can also be daunting, frustrating and upsetting. It may also impact your family and friends. There is support available to you. Every case is unique, so your experience might seem different to someone else's experience.
UPDATE: In Queensland, some court cases are being delayed because of changes to DNA testing. In 2022, concerns were identified about how DNA testing had been carried out in some criminal cases. Because of this, some DNA samples from past cases are being tested again. This has caused delays in some cases going to court. We understand that waiting can be distressing and may bring up difficult feelings, especially if you have already experienced trauma.
If you have questions or need support about how this may affect your case, you can contact the Forensic Support Line for advice and support.
Different people in the court process
Victim-survivors in the court process are called the complainant. You might also be referred to as a witness. The person who has harmed you is called the defendant. We will use this word in this section of the pathway.
A judge in the Magistrates Court is called a magistrate. A judge in the District Court is called a judge. A judge in the Supreme Court is called a justice.
Lawyers who prosecute in the Magistrates Court are called Police Prosecutors.
Lawyers who prosecute in the District Court and Supreme Court are called Crown Prosecutors or Legal Officers. They work for the Office of the Director of Public Prosecutions (DPP).
Victim Liaison Officers also work at the DPP. Their role is to give you information and keep you updated about the progress of your case. They will also give you access to the DPP’s online victims’ portal, where you can log in to:
- view details about your case, such as court dates/times, and court decisions
- request to be connected to support services
- upload consent forms and your victim impact statement
The defendant will usually have a lawyer representing them – they might be referred to as the defence.