When a crime is committed against a person, our society regards the offence as a crime against the community. In our legal system, the State or Commonwealth government represents the community by prosecuting and punishing offenders.
Our elected governments make the laws and establish the courts that deal with criminal behaviour. They establish police services and prosecuting bodies to investigate crimes and prosecute cases in the courts. The prosecution process is independent of government.

The role of a victim of crime in the criminal justice system is that of a witness. Witnesses play an important part in the process, but they have no other rights beyond that role. Unlike the Accused, witnesses are not entitled to legal representation. Prosecutors act for the State and not for individual victims or other witnesses.

However, it is acknowledged that victims of crime have needs certain rights including the right to be treated with compassion and respect throughout the court proceedings The Charter of Victims Rights sets out these rights.

Police investigation

When a crime is reported to the police they will usually start investigating it by talking to the victim of the crime and other witnesses. The details of what is said are typed up as statements and form part of the prosecution evidence. The police may also examine the crime scene for other evidence.

Victims cards

These are cards given out by police officers to victims of crime or people closely related to or involved with the victim. The card shows the officer's name and details to make it easy to contact them. The card also has information about victims rights and how to contact the Victims of Crime Bureau for information, support or referral.

Young Offenders

Police also have booklets containing information on what may happen if the offender is under 18 and they are diverted from court and dealt with under the Young Offenders Act 1997, by way of a warning, a caution or a youth justice conference.

Arrest and identification

When someone is suspected of committing a serious crime, they may be asked to attend an interview, or may be arrested and taken to a police station. The suspect may then be questioned and, if there is enough evidence, they will be charged. The police will interview the suspect and can record the questions and answers in writing. In serious matters, they may record the interview on audio or video tape. As part of the investigation, a victim or other witness may be asked to identify the person who is suspected of committing the crime. In most cases this is done by looking at photographs, but sometimes police use an identification parade.

Bail

After a person has been charged, the police decide if the person should stay in custody or be released on bail. Where a crime of violence has occurred, the decision to grant bail will consider community safety and whether the accused, if given bail, agrees to turn up to court at the nominated time. Bail can be considered at two points – either by the police when a person is charged or at court by a magistrate. An application for bail or review of bail can also be made to the Supreme Court. If they don't turn up they can be arrested. Bail may be granted on certain conditions. For example, it is usual to ask the accused or some other person to pay or agree to pay some money to the court to make sure the accused turns up. In other cases, it may be a condition of bail that the accused does not contact the victim or other witnesses. If bail is refused, the police must take the person to court as soon as practicable for bail to be reconsidered. In most cases the person is taken to the nearest local court.

You should tell the police or the prosecutor if you have fears for your safety; this is one of the issues considered when decisions about bail are made.

First court appearance

The accused person’s first court appearance is at the local court. This is a brief appearance and is called a mention. There is usually no need for victims or witnesses to attend on the first court date, unless they wish to see each stage of the legal process.

The question of bail may be reconsidered by the magistrate, who will decide if bail should be continued, changed, granted or refused.

A magistrate has to consider a number of different matters before deciding to grant bail. One important matter is the protection of the community, particularly when the accused is charged with a serious and/or violent offence.

Bail can be reviewed at any time before the case is finished. Both the defence and the prosecution can ask for changes to be made. For example, if an accused breaks one of the conditions of bail, then the prosecution can ask the court to refuse bail or apply different conditions.

Sometimes a higher court (usually the Supreme Court) may be asked to reconsider a bail decision.

A victim has the right to be informed of any changes to bail conditions.

After the first court appearance

The case may go back to court a number of times for further mention to sort out what is to happen with the case.

At some stage the accused will be asked to make a plea of guilty or not guilty to the charge. If the plea is not guilty then the case will be set down for hearing at a later date.

Less serious crimes (summary offences) can be dealt with by a magistrate who decides the case alone. There is no right to a jury trial in local court cases.

Serious cases (indictable offences) are usually sent to the District or Supreme Court, even if the accused pleads guilty.

The committal hearing

If the accused pleads not guilty to a serious offence at the local court, there must be a committal hearing.

In many committal hearings only the written statements of evidence (the brief of evidence) are presented by the prosecution. The defence does not usually call evidence at this stage.

If the defence wishes to cross-examine witnesses they must make a written request. Where the offence involves violence (including sexual assault) the defence must show special reasons why it is in the interests of justice for a witness to give evidence or be cross-examined at a committal hearing. In matters involving child victims of sexual assault, the child victim cannot be called to give evidence or be cross-examined at a committal hearing.

After hearing or reading the evidence, the magistrate decides if there is enough evidence to go before a jury. If not, the accused is discharged and this is the end of the case.

If there is enough evidence then the case is sent (committed) to hearing or trial.0.