Feeling vulnerable and fearing for your safety is completely normal for victims and witnesses of crime. If you are anxious about coming to court, talk to the CDPP prosecutor or your Witness Assistance Service (WAS) officer about your concerns.
Sometimes special arrangements can be put in place to help you give your evidence.
Different courts also have dedicated support services to help you. Your CDPP prosecutor may be able to give you advice about available services, or you can seek more information from the WAS.
What kind of intervention orders are available to protect me?
In certain situations, courts are able to make orders to try to stop the defendant from contacting you. These are designed to:
- stop a defendant from stalking a victim or witness
- restrict a defendant’s contact with others or their movement while on bail
- restrict a defendant who has been convicted of an offence from contacting a victim of the crime.
Depending which state or territory you live in, and the nature of your safety concern, these orders might be called different things and take different forms.
| If you are concerned about your immediate safety or the safety of others, you should always contact the police on 000 in the first instance. |
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| However, you can also let the CDPP prosecutor or your Witness Assistance Officer know after you have contacted the police, and we will help and advise you as best we can. |
More information
It is normal to feel anxious or intimidated about going to court to give evidence. You may be scared about seeing the defendant, or hold concerns about your own or your family’s safety.
| If you are worried about giving evidence, please talk to the prosecutor to let them know |
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It is sometimes possible for special arrangements to be made to reduce the stress of giving evidence. These measures might include:
- giving evidence from somewhere outside the courtroom by video link
- restricting contact with the defendant, or members of the public, while you give your evidence
- allowing a support person to be present in the courtroom while you give your evidence
- removing members of the public from the courtroom while you give your evidence
The options available to you will depend on a number of factors, including in which court your case is being heard, the type of court you are attending, and your personal circumstances and concerns.
Ultimately, it is up to the judge or magistrate to decide whether any of these special arrangements can be made. The prosecutor can make a request on your behalf, but there is no guarantee the court will agree to implement special measures.
If you are a victim of certain types of crimes, the law may also prohibit other people, including the media, from publishing your name or otherwise identifying you. If you would like advice about whether this applies to you, please discuss it with your prosecutor.
Depending on the alleged offence, the court may decide to place certain bail conditions on the defendant accused. Many of these are designed to improve the safety of victims and witnesses. For example, a common bail condition is that the accused must not directly or indirectly contact a victim or witness. This means they can’t:
- approach you
- phone or talk to you
- use any type of social media or text messaging application to contact you
- email, post a letter, or ask someone else to contact you on their behalf
A ‘no contact’ bail condition is also designed to prevent the accused trying to influence the evidence you might give to police in your statement, or during the trial.
| If at any stage you are concerned about your immediate safety, please contact the police. |
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The CDPP is not a 24-hour agency and has no law enforcement powers. While you can let your prosecutor/WAS officer know if you feel your safety has been compromised we cannot act on this information immediately. For example, if the accused contacts you, or even tries to contact you, and you are concerned for your safety, contact the police in the first instance
Laying charges is the first step in the prosecution process. When a person is charged with an offence they will either be arrested to appear in court, or they will be given a notice requiring them to attend court at a later date. When they attend court, they will either be remanded in custody or granted bail.
How will I know if charges have been laid?
Victims can contact the CDPP to ask when charges have been laid. You can also ask for the date matters related to the charges will be heard in court. Victims can contact the WAS or the prosecutor looking after the case.
The police investigate whether someone has broken the law. They collect evidence, including witness statements, which is provided to the CDPP in the form of a ‘brief of evidence’. Once the CDPP receives the brief of evidence, the CDPP reviews the brief to decide whether a prosecution should proceed. This decision is made in accordance with the Prosecution Policy of the Commonwealth.
Some Commonwealth offences are investigated by specialist investigators within government departments or agencies. These investigators may work with police, or they may have their own power to gather evidence and prepare a brief of evidence for the CDPP.
The key difference between police and the CDPP is that the CDPP does not investigate whether someone has broken the law. The CDPP’s role is to independently assess the evidence collected by police and, where appropriate, prosecute the matter on behalf of the Commonwealth.
| Location | Organisation |
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| Australian Capital Territory | Victim Support ACT |
| New South Wales | Victims’ Services Victims and Witnesses of Crime Support Community Restorative Centre Salvation Army |
| Northern Territory | Victims of Crime NT Catholic Care NT |
| Queensland | Court Network Victim Assist Queensland Protect All Children Today (PACT) |
| South Australia | Salvation Army Victims Support Service |
| Tasmania | Victims Support Services Victims of Crime Service |
| Victoria | Court Network Victims of Crime Helpline Child Witness Service |
| Western Australia | Victims Support Service |
If you are an Aboriginal or Torres Strait Islander you may be able to access dedicated services at courts to help you. Talk to your prosecutor or WAS officer if you would like more information.