
The Supreme Court Trial by Judge & Jury The defendant may plead guilty at, or before, the committal hearing and the case will not proceed to a trial by jury. If the defendant pleads guilty, he will be sentenced by the Magistrate. The prosecution may apply on your behalf to the Supreme Court for you to use a video link or to have a closed court. This again is at the discretion of the Judge. You will be called to the witness stand to give evidence. You will be asked to swear an oath or affirmation that all you say is true, and you will be asked to state your name, address and occupation. You have the right not to give your address. Legislation in the ACT requires your name to be suppressed in any media reportage. First, you will be asked questions by the prosecutor and then by the defence lawyer. The Prosecutor is a representative of the Crown who by prosecuting for the State becomes in some way the legal representative for the victim. The prosecutor will ask questions about the information in your statement so that you don't leave out important facts or details. After this the defence has the right to cross-examine you (that is, question you on the evidence you have already given or on matters not yet raised). Rape survivors usually find this trial difficult - especially the cross-examination. But there are some things that you can do and points which you can remember that will help you to get through this: Consider your answers carefully and don't feel compelled to answer quickly - you are allowed to take your time; If you are asked a question that you do not want to answer, you are allowed to ask the Judge if you have to; If you don't understand a question, then say so and ask for the question to be explained and asked again. If you are forced to answer 'yes' or 'no' to some questions and this does not express what you wish to say, you may try to tell the Judge how you feel before you answer. You have the right to take your time and to understand what is happening! Rape Crisis workers can help make the court process less scary and intimidating by talking with you, prior to court hearings, about the actual physical layout of the court building etc. We can go in to the courts with you so that you have some idea of what to expect. SACAT members assigned to the case also do this as a matter of procedure. The DPP also has a witness (victim) liaison officer. It's sometimes easier to prepare ourselves for things if we can actually 'see' ourselves there! As well, the prosecutor will go*******????? To Previous Page Page Last Updated 31/5/2001 © 2001 Canberra Rape Crisis Centre Best viewed in Microsoft Explorer 4 or Netscape 4

The Supreme Court Trial by Judge & Jury

The defendant may plead guilty at, or before, the committal hearing and the case will not proceed to a trial by jury. If the defendant pleads guilty, he will be sentenced by the Magistrate. The prosecution may apply on your behalf to the Supreme Court for you to use a video link or to have a closed court. This again is at the discretion of the Judge.

You will be called to the witness stand to give evidence. You will be asked to swear an oath or affirmation that all you say is true, and you will be asked to state your name, address and occupation. You have the right not to give your address. Legislation in the ACT requires your name to be suppressed in any media reportage. First, you will be asked questions by the prosecutor and then by the defence lawyer.

The Prosecutor is a representative of the Crown who by prosecuting for the State becomes in some way the legal representative for the victim. The prosecutor will ask questions about the information in your statement so that you don't leave out important facts or details. After this the defence has the right to cross-examine you (that is, question you on the evidence you have already given or on matters not yet raised).

Rape survivors usually find this trial difficult - especially the cross-examination. But there are some things that you can do and points which you can remember that will help you to get through this:

Consider your answers carefully and don't feel compelled to answer quickly - you are allowed to take your time;
If you are asked a question that you do not want to answer, you are allowed to ask the Judge if you have to;
If you don't understand a question, then say so and ask for the question to be explained and asked again.

If you are forced to answer 'yes' or 'no' to some questions and this does not express what you wish to say, you may try to tell the Judge how you feel before you answer. You have the right to take your time and to understand what is happening!

Rape Crisis workers can help make the court process less scary and intimidating by talking with you, prior to court hearings, about the actual physical layout of the court building etc. We can go in to the courts with you so that you have some idea of what to expect. SACAT members assigned to the case also do this as a matter of procedure. The DPP also has a witness (victim) liaison officer. It's sometimes easier to prepare ourselves for things if we can actually 'see' ourselves there! As well, the prosecutor will go*******?????

To Previous Page

Page Last Updated 31/5/2001
© 2001 Canberra Rape Crisis Centre
Best viewed in Microsoft Explorer 4 or Netscape 4