Victims and witnesses need to feel safe when going to court and giving evidence, and when the accused is given bail. Find out how the justice system protects you.
Feeling vulnerable and fearing for your safety is completely normal for victims and witnesses of crime.
There a number of ways the justice system tries to reduce potential safety risks for victims and witnesses.
Security staff on duty. Security staff and, in most cases, security screening will be at the entrance to the courthouse. There is also often a police presence at or very near the courthouse.
Bail conditions. Depending on the nature of the alleged offence, the court may decide to place certain bail conditions on the accused to reduce possible safety risks. For example, a common bail condition states the accused must not directly or indirectly contact a victim or witness.
- The accused can’t approach you or phone and speak to you. Importantly, this ‘no contact’ condition prohibits the accused from using any type of social media or text messaging to contact you.
- Prohibiting indirect contact includes things like contacting you by email, post or asking someone else to contact you on the accused’s behalf.
If at any stage you are concerned about your safety please contact the police. The CDPP is not a 24 agency and has no law enforcement powers. While you can let your case officer/WAS officer know if you believe your safety has been compromised, such as the accused contacting you, or even trying to contact you. Always contact police in the first instance.
Another important reason why the court will impose a no contact bail condition is to stop the accused from trying to influence the evidence that you might give in your statement to police or at the trial.
If this happens please notify police. Trying to interfere with a witness can be an offence. Please do not hesitate to let your case officer/WAS officer know if this happens, but remember, if you have safety concerns it is always the police you must contact first.
What happens when charges are laid?
Laying charges is the first step in the prosecution process. When a person is charged with an offence, they will either be arrested and taken to court, or be given a notice requiring them to attend court at a future 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 the date and hearing of any charges laid. Victims can contact the Witness Assistance Service or the case officer looking after the prosecution.
How does bail work?
Bail refers to the release of a prisoner from legal custody and an agreement, sometimes described as an ‘undertaking’, to turn up to court. A person on bail agrees to certain conditions, for example living at a paticular address, not being allowed to contact certain people, or reporting to a police station.
In specific situations, courts are able to make orders that may offer some protection against contact or abuse from the defendant, for example to:
- protect victims of domestic violence
- restrain a defendant from unlawful stalking
- 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.
These orders might be given different names and take different forms depending on what state or territory you live in, and depending on your particular safety concern.
If you are concerned about your safety or the safety of others, you should always contact the police in the first instance. However, you can also let the CDPP prosecutor or your WAS officer know afterwards, and we will help and advise you as best we can.
The police investigate whether someone has broken the law or not. They are responsible for collecting all the evidence, which includes your statement, and pass it to the CDPP in a brief of evidence.
Going to court can be intimidating but there are a number of safety measures designed to keep you safe:
- Security staff and, in most cases, security screening will be at the entrance to the courthouse. There is also often a police presence at or very near the courthouse.
If you have any immediate concerns about your safety, you should always contact the police first.
If you are anxious about coming to court, speak with the CDPP prosecutor or your WAS officer in advance to discuss your concerns. It might be that special arrangements [hyperlink to Vulnerable witness protections] can be put in place to help you give your evidence. There may also be court support services [hyperlink to court support] available.
Can I give evidence remotely?
Depending on your circumstances and the type of case you’re involved in, it may be possible for you to give evidence outside the courtroom or from another place. The judge or magistrate hearing your case will decide whether you can do this.
- If you would like to give evidence remotely, please talk to the prosecutor and explain why it would help you. If one of the reasons you would like to give evidence remotely is that you are afraid or concerned about giving evidence in the courtroom, there may be other special arrangements [LC1] that can be put in place.
Vulnerable Witness Protections
It is normal to feel anxious or intimidated about going to court to give evidence. You may be fearful of seeing the defendant or hold concerns about your own or family members’ safety.
- If you are worried about giving evidence, please talk to the prosecutor to let them know.
It is sometimes possible for special arrangements to be made to reduce the stress of giving evidence. This 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 while you give your evidence
- removing some or all members of the public from the courtroom while you give your evidence.
The options available will depend on a number of factors, including what court your case is in and your personal circumstances and concerns.
Ultimately, it is up to the judge or magistrate hearing the case to decide whether any of these special arrangements can be made. The prosecutor can make a request for these arrangements on your behalf, but there is no guarantee you’ll be allowed to access them.
If you are a victim of certain types of crimes, legislation may also prohibit other people publishing your name or otherwise identifying you. If you would like advice about whether this applies to you, please discuss this with your prosecutor.
[LC1]link to Vulnerable Witness Protections section