Giving evidence in a criminal matter can be very difficult for witnesses who often have no real idea at all of what will be required of them or how the Legal System works. We offer our clients – families, victims of crime or Crown Witnesses – the opportunity to have court preparation and court support specific to their matter.

We may also assist other supporters of victims to understand the process so that they can attend court and more effectively support.

In providing this service, we emphasise that we will not help prepare evidence, or rehearse what a witness is going to say when giving their evidence. We follow the Standards for Court Support prepared via Victims Services as far as they apply to our cases (see Lawlink), and use the video ‘Your Day in Court’ for relevant cases, with case-appropriate explanations.

See Courtwise for more information on the NSW court system.

Court Preparation
Court preparation helps clients to understand what to expect when going to court, by providing an overview of court processes in the allocated court in NSW – i.e. Local, District, Children’s and Family Courts. We prepare clients – people who approach us for assistance because they have been victimised by crime and threat. We explain general issues, and specific issues for victims such as their role as a witness, and how criminal and other laws might operate.

Court preparation may include:

• Ensuring clients have access to any statements they have made.
• Assisting them to ensure evidentiary concerns are met and served on time. 
• Speaking to the prosecution about their role as a witness and clarifying any issue.
• What ‘Taking the Oath’ or ‘Making an Affirmation’ means.
• Explaining Perjury.
• Preparing to face the defendant whilst giving evidence (if CCTV is not possible), and exploring strategies for managing the process; e.g. explaining that they do not have to look at the defendant / accused, etc.
• Assisting the victim to understand their role as a witness and the roles of other participants and court officials.
• Explaining the court layout and court and legal process.
• Explaining the court processes, court etiquette, what to expect at court, possibility of adjournments, appeals, etc.
• Discussing court support options and needs.
• Visiting the courthouse before the case to become familiar with the surroundings and perhaps watch how witnesses in other cases are giving evidence, and seeing the rules of court in action.
• Explaining the defence’s obligation to attack a witnesses’ credibility and character and how to respond.
• Explaining rights of a victim of crime, and their right to be kept informed about the progress and outcome of the case.
• Explaining their rights in the courtroom, for example to ask for a break if they feel they need one, the right to ask for a drink of water, etc.
• Assisting the victim to identify and utilise their strengths and coping skills to manage anxiety and other emotions associated with the court process.
• Emphasising their role and separating it from the court’s potential outcome.
• Identifying the legal interventions that may prevent a trial proceeding.
• Discussing protection and safety concerns and options, including safety strategies for arriving and leaving court, and AVOs.
• Associated legal and other transactions relative to the case – e.g. property orders, Victim Impact Statements, witness expenses, etc.

Court Support
Court support helps victims of crime to feel supported and less isolated during their involvement in the criminal legal system. 

Court support may include:

• Meeting a client before court begins to diminish isolation and enhance feelings of safety and support.
• Assistance in locating the court room and facilities.
• Providing support to assist the victim throughout their time at court, including during breaks and whilst in the court room.
• Providing an empathetic, non-judgemental supportive response that never revictimises the client.
• Explanation of legal jargon and phrases, depending on the client’s need.
• Ensuring that clients are informed of their rights and choices and understand any consequences.
• Advocating the client’s needs to the solicitor, DPP, police, or court official if required.
• Assisting the victim to utilise their coping skills to manage anxiety and emotions associated with the court process.
• Ensuring that the client is not subjected to any harassment by the defendant whilst at court. 
• Defusing any incidents appropriately, including seeking assistance from Court Officials.
• Debriefing after court, and making sure that the client understands what occurred and the outcome.
• Support in any media the client may choose.
• Making appropriate referrals to support services.
• Inform the client about any entitlements to victims counselling and/or compensation.
• Provide an information package about post-trial options such as Sentencing, Victim’s Register, Victim Impact Statements, the Appeal process, etc.
• Discuss any strategies to maximise the clients’ safety, such as AVOs.
• Following up with the client to ensure that they have adequate support.
• Following up any inappropriate responses of professionals via appropriate complaint mechanisms.
• Offering further advocacy or lobbying assistance as appropriate, and information about availability of future appeals etc.
• Remind clients that VOCAL’s service extends for as long as they need it.
• Introduce VOCAL’s Tree of Angels Project if appropriate.

VOCAL provides services to the entire Hunter Region with a limited number of staff. Therefore we are dependent upon volunteers for the provision of many of our services, such as court support. If you are interested in training to become a court companion, please contact VOCAL on 02 4961 4755.