Where the accused is charged with a less serious offence, the trial will take place before a magistrate in the Magistrates Court. Where the accused is charged with a more serious offence, the trial will take place before a judge and jury or, if the accused so decides, before a judge alone.

The purpose of the trial is to have all relevant and admissible evidence put before the court. It is then for the magistrate to decide, in less serious matters, whether the accused is guilty or not guilty. Or, in more serious matters, for the jury to decide, after being directed by the judge, whether the accused is guilty or not guilty.

You will usually need to give oral evidence before the court. This will involve telling the court what happened in response to questions from the prosecutor. The lawyer for the accused will then be given an opportunity to ask further questions of you.

The prosecutor will speak to you before the trial to go through your written statement with you and discuss giving evidence in court.

Prior to trial, if the matter is being dealt with by the Office of the Director of Public Prosecutions, a Witness Assistance Officer is available to discuss the court process with you and to take you on a guided court tour if you wish. A Child Witness Assistance Officer, from the Office of the Director of Public Prosecutions, is also available to inform and support child witnesses.

Special provisions are made for certain witnesses, sometimes called vulnerable witnesses. If you are:
• under 16 years of age or
• a person who suffers from an intellectual disability or
• a victim of an alleged sexual offence or
• a person at some special disadvantage
consideration must be given to providing you with one or more of the following:
• the ability to give evidence on closed circuit television, rather than in the presence of the accused
• the presence of a screen between you and the accused person, so you do not have to see him/her while giving evidence
• the presence of a court companion in court while you are giving evidence. This can be a friend or relative, provided they are not required as a witness in the trial, a witness assistance officer from the Office of the Director of Public Prosecutions or someone from one of the agencies listed under the Who Can Help section of the website
• a closed court.

You can ask the prosecutor to make such an application on your behalf and it is up to the judge to decide whether to grant the application.

Even if you are not in any of these categories, you can ask to use these measures, but it is up to the court to decide.

Last Modified: 11 May, 2007
URL: http://www.voc.sa.gov.au