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The Day of the Court Hearing

The police or the Office of Public Prosecutions (OPP) lawyer may have arranged for you to meet at a particular location. If no arrangements have been made, when you get to court, go to the information counter and ask where you should wait.

Remember to bring with you your subpoena and Witness Expense Claim Form. Ensure that the Certification of Loss of Income section has been completed by your employer, if relevant.

Usually the OPP lawyer will see you before you are called to give your evidence. If you have not seen the OPP lawyer or the police officer involved in the case by 10am, ask at the information desk or at the Court Network Office located in the building.

Every effort will be made to ensure that you are not inconvenienced more than is necessary. However, be prepared to wait. We appreciate that your time is valuable and that a long wait can be inconvenient. Unfortunately delays do occur.

If you require special care or feel threatened in any way, tell the police officer or the OPP lawyer.

Courts usually sit from 10am to 4pm, with a break between 1pm and 2pm for lunch.

In the court room

Someone will call you when it is your turn to give evidence. You will then be shown to the witness box at the front of the court room.

A court officer will read out the oath and ask you to swear to tell the truth on the Bible. If you do not wish to swear on the Bible, tell the court officer when the Bible is handed to you and other arrangements will be made for you.

You will then be asked your name and occupation. If you do not wish to state your address in public, tell the Office of Public Prosecutions lawyer beforehand, otherwise you may also be asked to give your address.

The prosecutor will ask you questions about what happened. The accused's lawyer will then 'cross-examine' you by asking you additional questions. The judge or magistrate may also ask you questions about your evidence.

Judges sit in the County and Supreme Courts and are addressed as 'Your Honour'.

Magistrates sit in the Magistrates' Court and are addressed as 'Your Honour'.

Giving evidence

If you find understanding or speaking English difficult, speak to the Office of Public Prosecutions lawyer or the police officer involved in the case as soon as possible. An interpreter will be arranged.

When you give your evidence in court:

  • Consider each question before you answer. Take your time so you can give a complete answer.
  • If you do not understand or do not hear a question, please say so.
  • Do not be afraid to ask for a question to be repeated.
  • Do not guess; if you are not sure about an answer, just say so.
  • Do not say what someone else has told you unless you are asked.
  • Speak clearly so that your evidence can be understood. The microphone in front of you usually only records your voice and does not make it louder.
  • After you have given your evidence and are excused by the court, you are free to leave. You may stay in the courtroom if you wish, unless you are expected to give evidence again later in the proceedings.

 

Contacts

Witness Assistance Service
Office of Public Prosecutions
565 Lonsdale St
Melbourne VIC 3000
Tel: 03 9603 7523 or 03 9603 7422 or 03 9603 7811
Tel: (toll free) 1800 641 927 (country callers)
Fax: 03 9603 7404