Print this page

Going to Court

"Don't go to court looking for revenge, or justice, or a balancing of scales because you really won't get it. I went to court to help others, to get the statistics up on incarceration, and to stop him from raping others. I wouldn't be satisfied with myself if I hadn't done so" (Jessica Lane)

How does the process work?
The DPP
The Office of the Director of Public Prosecutions (the DPP) is the government office that prosecutes court cases against serious offenders. The lawyers and support staff who run the case all work for the DPP. Once a police investigation has taken place, the police will determine whether there's enough evidence to send the case on to the DPP. The DPP then assess the case, and decide whether they will prosecute. Sometimes there's not enough evidence for the case to go ahead. Some people find this difficult to accept, however, you can still call the Victims' Compensation Tribunal about compensation, on 1800 069 054, or 9374 3111.

Getting support
Going to court can be really stressful. There may be a long wait between reporting the offence and the case going to court. Not knowing what is happening with your case can be extremely frustrating. It's important to use the support available to you. Sexual assault service counsellors and NSW Rape Crisis Centre can give you information about what is likely to happen in court as well as support you in this time. Build a support network. It can include support workers and counsellors, friends, and family members. It's a good idea to have a supportive friend, relative or counsellor come to court with you. This person should not be a witness-other witnesses can't stay in the courtroom when you give evidence.

The witness assistance service
The witness assistance service is part of the DPP, and is there to assist and support victims of crime. There are witness assistance service officers throughout NSW. The service offers support throughout the legal process that takes place after the police have finished their investigation and charges have been laid. Its officers can tell you what your rights are, explain what happens in court, and help you prepare for court. They make sure the prosecutor is aware of your needs and concerns, and can arrange for a support person to come to court with you. Witness assistance services also offer crisis counselling and support in relation to the impact of the legal process, and can refer you to other organisations and professionals for counselling. The witness assistance service has an Aboriginal Officer who can provide support to Aboriginal people and their counsellors. DPP solicitors and witness assistance service officers will also organise interpreters if you need one: let them know well in advance.

Preparing for court
Look after yourself
Eat well and get enough rest. Do some nice things for yourself. Think of the things that help you relax and feel better, and put those things in your life. It could be a good book, a hot bath or aromatherapy oils, swimming or counselling. Plan some special events in your life-a weekend away, for example. Plan something special for when the trial is over, whatever the outcome.

What to wear and what to bring

• It's best to wear conservative clothes in court-something neat and businesslike (it doesn't have to be a suit). Make sure though that whatever you wear is comfortable, as you will probably be sitting for most of the day.
• Wear comfortable shoes.
• Bring a jacket; courtrooms can be cold.
• Get your clothes ready the night before so you don't have to worry about it on the day.

Some people bring refreshments, or books, magazines, crosswords or cards and you may like to bring an object that means something special to you. You may find it helpful to visit a courthouse before the case so you can familiarise yourself with it.

Your statement
Make sure you have a copy of the statement you made to police. It's your right to be given a copy. If you don't have a copy, ask the police or the prosecutor for one. Read over your statement before you go to court to refresh your memory-it may be a long time since you last read it. The prosecutor will probably want to talk to you about your statement before going into court. When you are in court you normally won't be allowed to read from your written statement, although in some circumstances you may be asked to refer to it.

Interpreters in court
You have a right to an interpreter if English is not your first language. You can ask for a woman interpreter, though a woman may not always be available. If you are going to need an interpreter, let the DPP or police officer know well in advance so they can make sure that one is available on the day of the hearing. The courts use professional, qualified interpreters provided by the NSW Community Relations Commission. They are not allowed to talk to others about the case unless the court requires them to do so and have to take an oath promising to properly interpret what is said. Generally, courts don't allow friends or relatives to act as interpreters during a hearing, except to pass on simple information when no other interpreter is available. The interpreter is there to interpret your words, not to give advice or tell you how to present your evidence. If you are deaf or hearing impaired you have the right to have a signer in court, or to have access to a hearing loop.

If you have a disability
If you have a disability such as a speech impediment that makes communication difficult, you are entitled to an interpreter in court. The courts may also use computers or amplifiers to help you understand what's going on or to give evidence. The court pays the costs for these services.

Waiting to go to court
One of the most frustrating and anxiety-provoking things about going to court can be waiting for your case to be heard. The courts have a heavy workload, and it may take months. Most cases do go ahead on the scheduled hearing day, but they don't always. Sometimes the day arrives and the hearing is cancelled-because, for example, a witness, the judge or the defendant is ill. Or the court may just run out of time to hear your case on that day. Expect cancellations, adjournments and delays-but also be prepared to go to court on the set date and give your evidence.

Jessica's story
My case looked like it was airtight. The perpetrator had admitted to the police all through the taped interview he'd heard me say 'no'. It took two years to go to trial. It was adjourned three times. In the first four days of the trial there was a long legal argument about whether the taped interview was admissible. Then the judge got sick, and we had to go through it all again.

The trial went for about three weeks. The defence lawyer would ask me questions and then just stare at me for three or four minutes, I guess to try and unnerve me. I just stared back at him.
My support group came with me to the trial. When we weren't in the court we hung out in the cafe and played cards. It was so important to have my friends around-going to court is so emotionally draining.

The jury was deliberating for three days. They found him guilty of indecent assault but were 'hung' on the charge of sexual assault. There was one juror who wouldn't agree, and you have to have a unanimous vote.

He would have got bail, but it turned out he was an illegal immigrant, so the judge put him straight in jail. He got sentenced to 12 months of [weekend] detention. I eventually came to terms with this, thinking, at least I've stuffed up his weekends for a while. Then he disappeared. There is a warrant out for his arrest but he has to come to the police's attention first. Going to court was the hardest thing I've ever done in my life. For me, the way to look at it is to think of the tiny things you win in the end, and get excited about them! Jessica Lane