The below video gives a summary of the steps involved in going to court.
Before the trial or hearing date
If you are a victim of crime or a witness who has provided a statement in relation to a criminal matter, you may be asked, or required, to give evidence at a hearing or in a trial.
You will receive a letter containing general information about attending court.
You may receive a final notice. If you receive this notice, it is essential that you appear at court on the date and time specified. If you do not, it is possible that the judge will order a warrant for your arrest. If there is an urgent reason why you cannot appear, it is important to tell the court and provide any supporting documentation, such as a medical certificate.
It is also possible that you may not receive a notice but simply be contacted by a staff member from the ODPP to arrange for you to give evidence.
If you have changed, or are about to change, your contact details, it is important that you provide us with your updated details. This will allow us to contact you to discuss any matters arising.
Witness preparation
If you are to be called as a prosecution witness, we will generally contact you to arrange a meeting at the ODPP prior to the court date. In some limited circumstances, meetings may be held in a location that is more convenient to witnesses.
The meeting will give you the opportunity to meet with the prosecutor and members of staff who are dealing with the case. During the meeting we will:
- talk to you about the process of giving evidence and answer any questions you may have about the process generally
- ensure that the information in your statutory declaration is true and correct and obtain any further detail you may be able to provide in relation to the information contained in your statement
- advise when you will be likely to be required to attend court.
This meeting can also include a court tour, if you would like to see the court room or the remote witness room before you give your evidence.
Do not discuss your evidence
Please do not discuss your evidence with any other potential witness as this may impact the case. If you have questions, speak to the police or contact the relevant ODPP location.
Organise how you will get to court
The courts are located here:
- Hobart Supreme Court – 5 Salamanca Place
- Hobart Magistrates Court – 23-25 Liverpool Street
- Launceston Supreme Court – 116 Cameron Street
- Launceston Magistrates Court – 73-76 Charles Street
- Devonport Magistrates Court – 8 Griffith Street
- Burnie Supreme Court – 38 Alexander Street
- Burnie Magistrates Court – 38 Alexander Street
There are a number of paid parking options in the vicinity of each court. Some of the closest parking options are below:
- Hobart Supreme Court – Centrepoint carpark
- Hobart Magistrates Court – Argyle Street carpark
- Launceston – Paterson Street West Carpark
- Devonport – Market square multi-storey carpark
- Burnie – Burnie Plaza carpark
If you decide to take public transport, please allow plenty of time to get to court, in case there are delays.
Arrange childcare
There are no childcare facilities at the courts or at the Office of the Director of Public Prosecutions.
It is important to organise someone to look after any children in your care while you are at court.
It is a good idea to allow some extra time, in case there are delays, or giving evidence takes longer than expected.
On the day
When you arrive at court, please tell court staff that you are a witness. You will be shown to a waiting area where you will wait before you give your evidence. You will not be allowed in the court before giving evidence.
Delays can occur, so please bring something to read or do while you are waiting.
Under the Charter of Rights for Victims of Crime you are entitled to be protected from unnecessary contact with the accused and defence witnesses during the course of the trial.
If you have concerns about being near the accused person or their supporters at court please let the police, ODPP solicitor or WAS officer know.
It may be possible to make arrangements to try and limit contact with the accused person and their support people inside the court building. Some courts have special waiting rooms for witnesses who feel scared or vulnerable when waiting to go into the courtroom.
Giving evidence
Going into the courtroom
Before you go into the courtroom please make sure that your mobile phone is turned off.
When it is your turn to give evidence, you will be shown into the court room and directed to the witness box. When you get to the witness box, please remain standing.
The judge or magistrate should always be addressed as "Your Honour".
In the Supreme Court the judge and lawyers will be wearing wigs and gowns.
Making a promise to tell the truth
Court staff will ask whether you wish to take an oath or make an affirmation to tell the truth. You can choose which type of promise you would like to make.
The oath is a religious promise on the bible or holy book to tell the truth and the affirmation is a non-religious promise to tell the truth. If taking the oath, you will be asked to say "I swear", if taking the affirmation you will be asked to say "I affirm".
Answering questions
The prosecutor will ask you some questions about your evidence, or the information contained in your statement(s). This process is called examination in chief.
Next, the defence lawyer will ask you some questions. This process is called cross-examination.
In some cases, the prosecutor will then ask you some clarifying questions. This process is called re-examination.
It is normal to feel nervous about giving evidence. Please take your time and listen carefully to the questions. If you do not hear a question, please ask for it to be repeated. If you do not understand a question, say so and ask for the question to be asked in a different way. Try to only answer the question that you have been asked and do not go on to give any unnecessary explanation. If you do not know the answer, please say so.
Please speak clearly and slowly. It is important that the court hears and understands your answers to the questions.
If you are feeling very stressed or tired, you can ask the judge or magistrate for a break.
At the end of your evidence
After re-examination, the judge or magistrate will tell you that you are free to leave. You may then leave the court room.
If you wish to speak to us after you have given your evidence, please leave a message for us to contact you. It may be that we cannot respond to your enquiry until after the trial has finished.
Special witnesses
In some cases, it may be possible to give your evidence from another room and have a support person sit with you when giving your evidence. Please speak to the prosecutor or witness assistance staff member if you think this would be of assistance to you. This applies particularly to children, victims of sexual assault, victims of serious violent crimes and people with a disability.
If there is any reason that you might find it difficult to understand the questions in court, such as English not being your first language, literacy issues or having a disability, please speak to ODPP staff about this so that arrangements can be made to modify the questioning process.
Witness expenses
Witnesses may be paid a contribution towards expenses of monetary loss (for travel, parking, meals and childcare) or loss of wages incurred as a result of attending court to give evidence. Amounts paid will be paid up to the maximum amount payable which is fixed by law.
In order to obtain any reimbursement for expenses or loss of wages you will need to fill out a witness expenses claim form.
Please note that:
Claims must be supported by a letter from your employer outlining the actual amount of hours you were unable to work while you were in Court and your hourly rate of pay, or, if you are self-employed supported by evidence of loss such as a certificate from your accountant.
All claims for meals, travelling or accommodation should be accompanied by receipts.
You must bring your form to Court and speak to the Crown Clerk. The Crown Clerk must certify your attendance before your expenses can be paid.
Once your attendance has been certified by the Crown Clerk, present the claim form to the Supreme Court Sherriff’s office for payment.
If you have any questions about your entitlements, please telephone the Supreme Court Sherriff’s Office on 6165 7466.