What happens if there is a trial of my case in the Magistrates Court?

Some non-physical sexual violence cases can be finalised in the Magistrates Court either as a trial (where the defendant pleads not guilty) or a sentence (where the defendant pleads guilty). There are laws which say which crimes can be finalised in the Magistrates Court.

Trials in the Magistrates Court are decided by a magistrate. This means that there won’t be a jury in the room.

If your case is a trial, it is likely that you will have to go to court and give evidence. Once the prosecution know that the case is going to trial, your investigating officer or prosecutor will be in contact with you to discuss your availability for you to go to court as a witness. Knowing when you are available helps the prosecution get a trial listing.

It can be several months before a case is ready to go to trial or is listed for a trial hearing. You may find this stressful and you have the right to be offered and receive support during this time.