Sometimes the age or other circumstances of the victim or accused will alter the way a case is dealt with. It is recognised that victims of violent crimes, including sexual assault and domestic violence, have special needs and require extra support during court proceedings.
There are a number of specialist services for victims of sexual assault and domestic violence and victims support groups will try to provide this assistance if they are contacted by the victim.

Our legal system also recognises the need to protect children when they are involved with the courts, whether as a victim, witness or accused.

Sexual assault

Victims of sexual assault are usually referred to as the complainant. There have been recent changes to the law to further protect victims of sexual assault. Defence counsel are limited in some of the questions that may be put to a complainant. For example, they can no longer ask questions about a complainant's sexual reputation (although there some exceptions), history or culture/race.

In matters related to sexual assault, you will be required to tell the court in precise detail about the sexual assault including the explicit and detailed parts of what happened. The complainant should be informed by the ODPP solicitors or Crown prosecutors of this requirement, prior to the case being heard. A complainant can ask the Prosecutor to make a request to the judge or magistrate that the case, or at least their evidence, be given in a closed court, where members of the public are excluded. They can also ask that certain people such as family or friends remain in court to give support.

A decision to close the court and to allow support people remain with the witness is at the discretion of the magistrate or judge. A judge or magistrate can prohibit the publication of any details about the case. The law prohibits publication of the complainant's name and address, or any other information, which might identify the complainant.

In addition, there are a number of specialist support services available to help victims of sexual assault and other people affected by the crime to prepare for court and in other related matters through the legal process

Domestic violence

There are special provisions of the NSW Crimes Act 1900 that deal with domestic violence. Apprehended domestic violence orders (ADVOs) are court orders to protect people from violence or the threat of violence (including intimidation and stalking).

An AVO is not a criminal charge although a person may face a criminal charge if they break a condition of an AVO. This is called a ‘breach’ of the AVO. Any breach must be proved in a court.

In serious matters the Police have a responsibility to seek orders on the victim’s behalf. A person can ask the police to apply for an AVO on their behalf or apply to the local court themselves.

The conditions of the AVO are tailor-made to each situation. The AVO may include that a person cannot contact or come within a certain distance of the person or their relatives or specific friends.

There is a range of specialist services than can help with legal representation, advice and support in domestic violence matters

Children

Both child witnesses and accused children are treated differently by our legal system in recognition of their special needs. There are specific provisions for child witnesses to help them through the court process such as CCTV, screens and video/audio evidence. For more information contact the Office of the Director of Public Prosecutions (ODPP).

Children’s Court

A significant number of more serious crimes are dealt within Children’s Courts. These specialist courts deal with crimes committed by young offenders (i.e. under 18).

One major difference between a Children’s Court and all other courts is that they are closed courts. In these situations a victim appearing as a witness would not be able to observe the remainder of the proceedings without seeking permission from the court.

Crimes committed by children and young people

The majority of crimes committed by children or young people are dealt with outside the court system, by way of warning, caution youth justice conference and infringement notices.

Intellectual Disability

Victims who have an intellectual disability may have some particular support needs as they go through the legal process.

Police are required to attempt to contact a support person when they are interviewing any ‘vulnerable’ person. Support people can ensure that vulnerable people are not further disadvantaged because of their disability. This includes ensuring the person understands their right to have legal representation, and their right not to talk to police. People with an intellectual disability may contact the Criminal Justice Support Network (CJSN), which is part of the Intellectual Disability Rights Services, NSW (IDRS).

The aim of the Criminal Justice Support Network is to make sure that people with an intellectual disability who are in contact with the criminal justice system understand their rights and have the ability to exercise them. The Network will offer support at Police interviews and at court to people with an intellectual disability who are victims and witnesses.

The ODPP Witness Assistance Service can also assist people prepare for court and make sure they have support when giving evidence in cases prosecuted by the ODPP.

The video “So you have to go to court” is a video produced for people with an intellectual disability who have to go to court.

Indigenous Victims of Crime

There are a number of specialist services that can assist victims from Aboriginal and Torres Strait Islander background. The Police have Aboriginal Community Liaison Officers, the ODPP has the Aboriginal Witness Assistance Officers and the courts have Aboriginal Client Service Specialists.

There are also a number of community-based services and information lines such as the Indigenous Women’s Legal Contact Line 1800 639 784 and Wirringa Baiya Aboriginal Legal Centre 1800 686 587 which can provide legal advice and information.