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What to Expect

Victims often provide important evidence that helps a court decide whether the accused person is guilty or not guilty. A victim who provides truthful information to the court and answers questions to the best of their ability is performing a vital service to justice and the community.

What happens to the victim?

As the victim, you should be given the name and contact phone number of the police officer who is investigating the crime. You will be given a 'Notice to the Victim' form that explains your entitlements and has information about services that can help you.

You may need to complete a detailed statement for the police covering all aspects of the crime. You are not legally required to answer police questions but it will assist police in their investigation.

Assault

If you have been physically and/or sexually assaulted the police may ask you to see a doctor who will examine you and document your injuries. It is up to you whether you are examined but a doctor's examination could provide important evidence to identify and prosecute an offender.

If your property is needed as evidence

Some items of your property may be related to a crime. If so, the police may need to take these for use as evidence in the trial. Police must give you a receipt if they take away any of your property. If the property is needed as evidence at the trial, you may not be able to have it returned to you until after the trial is completed. If you do not want the property back (for example, if it reminds you of the crime or you find it unsettling) you can ask the police to dispose of the property for you.

The crime scene

Police may ask that areas where the offence was committed (the crime scene) be left untouched so they can take photographs or check for fingerprints and other evidence. This may be inconvenient but it could produce vital evidence.

Identifying the offender

If the identity of the offender is in question, police may ask you to look at photographs or to attend an identification parade to try to identify the offender.

What happens to the offender?

During the police investigation, police may refer to the person accused of committing the crime as the 'alleged offender'.

This is because our criminal justice system assumes that people accused of committing crimes are innocent until proven guilty in a court.

The alleged offender has the right to make no comment in response to police questions.

If the charges are for very serious crimes, such as rape or murder, the police may first obtain advice from the Office of Public Prosecutions (OPP) before charging the accused person. Offenders charged with a serious crime may:

• be released on bail and required to attend court when the case is heard against them
• be held in custody until a court hears the case against them.

A victim's safety is considered when deciding whether to grant bail and/or impose any special conditions on the accused person.

If you are concerned that the accused person may threaten or harm you or your family, you should talk to the police before the accused person is granted bail.

The court process

After the police have investigated the crime and laid charges, a prosecutor will present the case in court against the accused person.

The court process can be quite complex. Essentially, how the case is handled - and what court hears the case - depends on how serious the criminal charges are. As a victim you may be required to:

• attend the Magistrates’ Court and give evidence at a hearing
• attend the trial to give evidence and to be cross–examined on your evidence.

As the victim, you are entitled to submit a Victim Impact Statement to the Court if the accused person is found guilty. The Magistrate or Judge may consider this statement in deciding the offender’s sentence.