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If you are a victim of crime you may be asked to give evidence in court. If you have to give evidence, you will be contacted and/or receive a letter telling you when and where you have to go. If you have to appear in the Magistrates’ Court the letter is called a ‘summons’. If you have to appear in the County or Supreme Courts the letter is called a ‘subpoena’.
If the case goes to trial in the County or Supreme Court you will usually have to give evidence at a committal proceeding in the Magistrates’ Court first. A committal proceeding is when a magistrate decides whether there is enough evidence for the case to go to trial. If the case goes to trial you may have to give evidence again.
When you give evidence, you will be asked to tell the court what happened to you. You may be asked questions by a prosecutor, who represents the state, or a defence lawyer, who represents the accused. In some cases, victims may be able to give their evidence from a location outside the courtroom via closed circuit television.
You may also have to attend court if you submit a victim impact statement.
Witness Assistance Service (WAS) is available to all victims of crime and prosecution witnesses involved in cases being handled by the Office of Public Prosecutions (link below). If you are a victim or a prosecution witness, an experienced social worker can assist you before, during and after the court process. WAS can help to arrange a pre-court meeting between you and a lawyer or prosecutor and keep you updated on the progress of the case.
Contact the Witness Assistance Service on (03) 9603 7523 or 1800 641 927 (country callers).
Child Witness Service (link below) offers support to victims or witnesses of crime under the age of 18 through the process of giving evidence at court. Child witnesses can give evidence through a live closed circuit TV link to the courtroom.
Contact the Child Witness Service on (03) 9603 9266 or 1300 790 540 (country callers).
Court Network can provide support on the day of the hearing, help organising child care and disability access, provide information about court procedures and help with arrangements to ensure your safety when you’re at court. They also have a telephone information and referral services for victims of crime who have to attend court. Court Network staff are available in the Magistrates', County, Supreme, Family and Coroner's courts.
Contact Court Network on (03) 9603 7433 or 1800 681 614.
Also see the ‘Help for victims of crime’ page for information about how the Victims Support Agency can help you.
Sexual assault: the law, your rights as a victim
Department of Justice – Child Witness Service
Office of Public Prosecutions – witnesses and victims
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Our other free legal services include:
For some civil matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.