Some children are victims of crime or witness criminal acts committed on others. Many children become involved with the criminal law as victims or witnesses in child sexual abuse cases.

What is the first stage in the criminal trial process?

After a charge has been laid by the police, a hearing before a Magistrate decides whether there is enough evidence to go ahead with a trial. If there is insufficient evidence the charge is dismissed. If there is enough evidence the accused is committed for trial. This is called a committal or preliminary hearing.

Do I have to appear in person at the committal hearing?

If you are an alleged victim of sexual abuse you would not normally be required to appear in person or give evidence at this stage. If you are under 12, a written statement or a video tape of your interview (both having being verified by the police officer), may be considered.

There are some special exceptions and a child of any age who is the victim of a sexual offence may be called on to give evidence but the Magistrate makes this decision.

[Summary Procedure Act 1921 ss 104(4) & 106]

Note: Criminal trials involving children as witnesses usually take place in the District Criminal Court or the Supreme Court.

What can you do if you are a victim of crime?

A child, like any other victim, can apply to the Government for compensation of up to $50,000. The Fund is collected through the Victims of Crime Levy which is included in all fines; e.g. traffic offences. Child victims have until they are 21 to lodge a claim.

You can lose your right to compensation if you do not do everything reasonable to help police investigate the offence. You have to prove that the offence was committed and that it caused your injury (physical or mental). It does not affect your claim if the police cannot catch or convict the person(s) who committed the offence.

[Victims of Crime Act 2001 ]

Note: If you are under 18 the action is brought by a “next friend” and you will need the help of a lawyer.

For further information

Victim Contact Officers

Do children and young people have to give evidence in courts?

Yes, children and young people of any age may be asked to go to Court to give evidence if they see a crime witness or are victims of a crime.

This means you tell the Court what you saw or what happened to you. There are some important rules about children and young people giving evidence.

Unsworn evidence means that you do not swear on the Bible to tell the truth. Instead, the Judge will ask you questions about telling the truth.

Sworn evidence means swearing on the Bible to tell the truth. This is called "taking the oath".

Not everybody takes the oath. You might not be a Christian or you may have another religion. If that is the case the Judge will ask you to promise to tell the truth — the proper word for this is ‘affirmation’.

If you are the victim of sexual abuse additional rules must be followed. The court must be cleared of members of the public and the only people allowed in court while you give evidence are those connected to the case.

[Evidence Act 1929 ss 4, 12(1), 12(2), 34ca, 69(1a)]

What if I commit a crime against someone else?

In addition to any other punishments, you may have to pay the Government the amount they decided to pay the victim.

Where can I get a lawyer or legal advice?

You can get legal advice from the Legal Services Commission, phone 8463 3555, or Telephone Advice 1300 366 424.

Can I have a support person with me in Court?

If you are 12 or under and called as a witness you are entitled to have a person of your choice for emotional support. Usually, this person cannot also be a witness in the case.

[Evidence Act 1929 ss 4, 12(4), 12(5)]

Do I have to face the accused person in Court?

Not necessarily. In some circumstances it is possible for a child or some other ‘vulnerable person’ to give evidence either on closed circuit television (like a video) or from behind a screen. However, the judge in the court must agree that this is the best way to hear your evidence.

A ‘vulnerable person’ is someone who is under 16 who is the alleged victim of a sexual offence; someone who suffers from an intellectual disability; or someone who, in the opinion of the Court, is at some special disadvantage.

A relative or friend can come with you to give emotional support. Special arrangements for child witnesses can be made if the judge thinks they are necessary.

[Evidence Act 1929 s 13]