At court
What happens?
If the accused person pleads not guilty, the court case can take a long time as both the prosecution and defence prepare their cases.
When the person accused of the crime has appeared in court for the first time, you will be contacted by a court victim advisor. They will explain the court process, help you understand what is happening and when, tell you when the accused person is appearing in court and make sure you know about anything you or your family may need to do. They can also explain where and how you can get personal support.
At court, a prosecutor will present the case to the judge and jury. The prosecutor works for the government and is responsible for prosecuting cases on behalf of the Crown, the police and the public. You may be required to be a witness for the Crown to help prove the case against the person who is accused.
The person accused of the crime is likely to appear in court several times, for instance to plead guilty or not guilty and other hearings required to progress the case. Your court victim advisor or police victim liaison officer will tell you when these hearings are. It is very unlikely that you and your family will need to attend these hearings, but you can if you want to.
The prosecutor decides what charges will be laid in court. If the prosecutor can show that the accused person intended to cause your family member’s death, or knew that the victim was likely to die as a result of their actions, the charge will be murder.
If the intention to cause death cannot be shown, the charge may be manslaughter, which means that the accused person caused your family member’s death, but did not set out to do so.
You and your family can request to meet with the prosecutor who can explain any decisions about a prosecution such as what charges have been laid and why, and what is likely to happen in the case at court.
Sometimes the media may take a particular interest in the case and approach your family for comment. Your police victim liaison officer can give you advice on dealing with the media.
What support can you get?
Court victim advisor
You can contact your court victim advisor directly, or through the Victims of Crime Information Line on 0800 650 654.
Personal support
You can get support throughout the court case from the Victim Support Homicide Support Service or other support agencies in your area. Call Victim Support on 0800 VICTIM (842 846) or the Victims of Crime Information Line on 0800 650 654 to find out about your local agencies.
Financial Support
Help of up to $124 a day or $62 a half day is available for five adult family members to attend High Court for hearings after 1 January 2010.
Up to five adult family members can also receive up to $3,000 each to help with travel costs (including travel, accommodation, meals and parking) to attend court for hearings from 1 November 2009 (this is up to $1,000 for hearings before 1 November). Contact your Victim Support Homicide Support Service worker to find out more. They can also help you to apply.
