CDPP - Victims and Witnesses

Step 1 - Investigation https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-proceedings/prosecution-process/step-1-investigation The investigator, who is often a police officer, takes statements and collects evidence to be used in criminal prosecutions.

Step 2 - Brief assessment/charges laid https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/steps-prosecution-process/step-2-brief-assessmentcharges The CDPP will go ahead with a prosecution if we can answer yes to two questions:

Step 3 - Court proceedings https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/prosecution-process-steps/step-3-court-proceedings If the CDPP decides to start a prosecution, charges will be laid against the person prosecutors believe has committed a crime. This person is known as the defendant.

Step 4 - Committal hearing https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/prosecution-process-steps/step-4-committal-hearing Different states and territories have different rules about whether committal hearings are needed.

Step 5 - Hearing https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/prosecution-process-steps/step-5-hearing A hearing takes place in the Magistrates’ or Local court. There is no jury and the magistrate makes all the decisions and judgments. During the hearing:

Step 6 - Trial https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/steps-prosecution-process/step-6-trial If the defendant is committed for trial, it will take place in either the Supreme, County or District Court, depending on how serious the crime is.

Step 7 - Sentencing https://victimsandwitnesses.cdpp.gov.au/prosecution-process/prosecution-process/prosecution-process-steps/step-7-sentencing If someone pleads guilty to committing a crime, or a jury finds them guilty after a trial, the judge or magistrate will need to decide on the appropriate penalty, and sentence th