Pathways | Sexual violence

Frequently asked question: Does the defendant stay in jail or in the community while they are waiting to be dealt with by the court?

After someone is charged by Police, they may be:

taken to a watch-house
given a notice to appear
or given a complaint and summons.

If they are taken to the watch-house, they will remain there until Police or the court make a decision on:

whether they will be granted bail and released back into the community
whether they will remain in custody, also called remanded in custody (prison).

If the person is given a notice to appear or a complaint and summons, this means that the court will consider their bail at the first court event.

A person who is remanded in custody stays in prison unless they are given bail or the case is finalised in court.

If someone is in custody and they want to be released into the community, they have to make a bail application. You have the right to be told when the person makes a bail application.

During a bail application, the magistrate or judge will consider things like:

what the prosecutor says the person has done, the evidence, and how serious the crime is
whether the person has a place to live and a job
whether the person has a criminal history or if they’ve missed court dates in the past
whether the person is a danger to other people
whether the person might break the law again.

You will be told about the outcome of a bail application and any bail conditions the defendant has to comply with that might affect your safety or welfare. For example, the defendant might be told they are not allowed to contact you as a condition of bail. The investigating officer, prosecutor or Victim Liaison Officer will let you know about the outcome of any bail application.

Victims' rights
Police, the DPP and court staff must treat you with courtesy, compassion, respect and dignity.
You have rights during the court process, including to know about:
- The progress of the case
- when the case is going to court
- when you need to go to court
- major decisions (and the reasons) about the prosecution, including the charges being brought against the person, substantial changes to the charges, if charges are not brought against the person or if the prosecutor accepts a plea of guilty to a lesser or different charge
- the outcome of a criminal proceeding, including the sentence and the outcome of any appeal
- if the person makes a bail application and any outcome about the bail application.
If your case is in the Magistrates Court, your investigating officer will most likely give you this information. If your case is in the District Court or Supreme Court, your Victim Liaison Officer from the DPP will keep you up to date.
You can complain if your rights aren’t being met.
You can read the full Charter of Victims’ Rights on our website. Easy-read English and translated versions are also available.
Support
PACT
- PACT is a government-funded organisation which provides impartial and empathetic court support for victims and adults who are required to give evidence in criminal courts. PACT can: provide you with information
- help you prepare for court and giving evidence
- support you while you are giving evidence
- help you apply for financial assistance with Victim Assist Queensland
- help you write a victim impact statement
- help you apply for the Queensland Corrective Services Victims’ register
- refer you to other agencies and support providers.
PACT can refer you to other agencies and support providers.
You can ask the DPP or police to refer you to PACT for support or ask PACT directly for support. PACT’s website is here or you can call them on 1800 449 632.
VictimConnect
VictimConnect can:
- give you information
- help you apply for financial assistance with victim Assistance Queensland
- help you understand your rights
- help with court processes
- help you find specialist supports.
VictimConnect can be called on 1300 318 940. Their website is here.
VAQ Victim Coordination Program
The Victim Assist Queensland Victim Coordination Program in South Brisbane, Cairns, Rockhampton and Townsville can:
- help you apply for financial assistance with Victim Assist Queensland
You can call Victim Assist Queensland on 1300 546 587 or email victimassist@justice.qld.gov.au.
Other support services which can provide you with support for going to court can be found here.
You can also call the Sexual Assault Helpline on 1800 010 120.The Sexual Assault Helpline is available to call 7.30am to 11.30pm, 7 days a week.
Financial assistance
If you are a victim of a violent offence, including sexual assault, you are eligible for financial assistance from Victim Assist Queensland.
Once you report the violence to police (or a doctor, counsellor, psychologist or a domestic violence service) you can apply for financial assistance.
Financial assistance can help you pay for medical or counselling expenses if you have been injured. It can also help you pay for travel to appointments and recover earnings if you were unable to work because of injuries. You may be eligible for special assistance as well.
You can ask your DPP Victim Liaison Officer for information about how to apply for financial assistance.
You can find more information about applying for financial assistance here.
Domestic and family violence
If the person who hurt you was someone you were in a relationship with, a family member, or someone who is caring for you, you might be experiencing domestic or family violence.
Support is available for people experiencing domestic and family violence – you can talk to police or a support service.
Police or support services can help you apply for a domestic violence order. A domestic violence order is a legal document. It tells someone not to hurt, threaten, coerce or scare another person they are in a relationship with, or were in a relationship with, or a family member. The order tells someone to follow rules like stay away from another person, or not let children see or hear violence.
More information about domestic violence orders is available here.