What happens when I give evidence at a committal?

If you need to give evidence at the committal hearing in the Magistrates Court, the investigating officer or DPP will arrange for you to have a conference before you give evidence. This will help prepare you to give evidence and to understand what support you need.

Support options include:

If you don’t have a support person such as a family or friend (who is not a witness in your case), there are also special support services that can support you at court. PACT is a government-funded organisation which provides court support to child and adult victims and witnesses.

The prosecutors have to ask the magistrate for you to have some of these support options. The defence is able to make arguments about whether or not the support options should be allowed. The magistrate will make a decision about what support options are okay. The prosecutor will let you know what has been decided.

Because someone has hurt you in a sexual way, it is the law that the court must be closed when you give your evidence. This means that the general public won’t be able to see or hear you give your evidence.

When you are called into the courtroom to give evidence, you will begin by giving an oath or affirmation. Every witness gives an oath or affirmation. This confirms that what you are telling the court is the truth. An oath refers to the God recognised by your religion while the affirmation does not refer to God. Both are the same and neither is better or preferred over the other.

When you give evidence, both the prosecution and defence will ask you questions. When the prosecution asks you questions, this is called Evidence in Chief. The prosecution will ask you questions first. The defence will then ask you questions – this is called cross-examination. The defence’s job is to test your evidence.

Many victim-survivors of sexual violence find giving evidence stressful and upsetting. You can:

Prosecutors have a responsibility to protect witnesses against threatening, unfair or unduly repetitive cross-examination by making an objection. This means that a prosecutor might interrupt the defence if they are asking questions like this. They will use the word ‘objection’.

If the magistrate is satisfied there is enough evidence on which a jury could find the defendant guilty, they will send the case to the District Court or Supreme Court. It’s important to remember at this stage – just because a magistrate decides there is enough evidence, this does not necessarily mean that a jury will find a defendant guilty.

If you are not required to attend the committal hearing as a witness, you can go to court if you want, or you can choose to not attend. No matter whether you attend court or not for the committal hearing, or whether it was conducted through paperwork, you have the right to be informed of the outcome and the next steps.

During the court process you should be protected as much as possible from unnecessary contact with or intimidation by the defendant, their family, or supporters.

Can the media report on the defendant’s name?

The name or identifying matters (such as their place of work or education or where they live) of an adult charged with rape, attempt to commit rape, assault with intent to commit rape or a sexual assault can be published after they are charged by Police. However, if the publication of the defendant’s identity would or might be able to identify you, their name or identifying matters cannot be published.

As the victim, you can also apply to the Magistrates Court for a non-publication order about things that might identify the defendant which could lead to your identification. If you would like to know more about non-publication orders, you can talk to your police prosecutor or DPP lawyer about this.

Can the media report on my name?

Media are not allowed to use your name in their report. There is a prohibition or rule against publishing your name or identifying matters.