What are your rights?

We must treat you with courtesy, compassion and respect.

We must provide you with information about services and remedies.

We must consult with you if we are considering lessening the charge(s) or withdrawing the charge(s) in the Local Court.

We must tell you if we decide not to continue to prosecute the accused person. If you write to us, we will give you the reasons for not continuing to prosecute the accused person.

You can ask to be kept informed of the progress and outcome of the case by calling the DPP solicitor handling the case or the Witness Assistance Service.

We can give you information about your role as a witness in the prosecution process.

We must let the court know of your need for protection from the accused person when the court decides on bail.

We must tell you about any of the accused person's bail conditions which may affect you or your family. We aim to do this within 2 days or earlier if necessary.

Your home address and telephone number will be kept confidential, where possible.

A victim of an act of violence has the right to inform the court of the harm suffered by them as a result of the offence. A victim Impact Statement may be tendered by the prosecutor after conviction but before sentencing in the District and Supreme Court.

We will provide on request a letter of certification for you to present to your employer so you can be released from work to attend court hearings.

What to do if your rights are not observed

If you feel that your rights have not been observed there are a number of things you can do.

  • You should talk to the DPP lawyer in charge of the case or our Witness Assistance Service Staff.
  • If you are still not satisfied, then you can write to the address listed below.

 

Improving the treatment of victims

We welcome any suggestions you may have about how we can improve the way we treat victims of crime. To give us your suggestions or feedback please:

Write to:

The Director of Public Prosecutions

Locked Bag 8, Sydney South NSW 2000

or

Telephone our Service Relations Officer

(02) 9285 8738

Or
Contact us on Office of Director of Public Prosecutions Website:
www.odpp.nsw.gov.au

 

DPP Witness Assistance Service

As the victim of a crime, you or a member of your family may have become involved in a criminal prosecution.

The DPP Witness Assistance Service can provide you with support throughout the prosecution. The service is staffed by trained social workers psychologist and counsellors.

As a victim of crime you have important rights.

The DPP Witness Assistance Service can help you understand those rights and can also arrange counselling and/or support services if you want them.

Please call the DPP office handling your case and ask for the Witness Assistance Officer:

Sydney (02) 9285 2502

1800 814 534 (toll free)

TTY (02) 9285 8646

Parramatta (02) 9891 9800

Bathurst (02) 6332 2555

Penrith (02) 4721 6100

Newcastle (02) 4929 4399

Lismore (02) 6627 2222

Wagga Wagga (02) 6925 8400

Campbelltown (02) 4629 2811

Gosford (02) 4323 2655

Dubbo (02) 6881 3300

Wollongong (02) 4224 7111

 

Steps in a Criminal Prosecution

  • Police charge defendant. The defendant may apply for bail and, if it is refused, can re-apply any time until the case is finished.
  • Defendant appears in Local Court, when the case is adjourned so that a hearing date can be set.
  • Police send 'brief' to DPP (this includes the statements of the witnesses, the charges, photographs etc). I
  • The case is given to a DPP Lawyer to prosecute at the Local Court.
  • The witnesses may be needed to attend the Local Court hearing to give their evidence in front of the Magistrate. The Police (or sometimes the DPP lawyer) will let you know if you are needed. If you are not needed your statement will be given to the Magistrate to read instead.
  • The Local Court hearing occurs. It is known as the 'committal hearing'. The Magistrate decides if there is enough evidence for the defendant to be tried in the District Court (or the Supreme Court in murder matters). If the Magistrate decides that there is enough evidence, then the defendant can be 'committed for trial'. This means that the case is adjourned until a trial can be held.
  • If the defendant is committed for trial he/she is known as the 'accused' until the trial is finished.
  • The case is given to a DPP lawyer to prepare for the trial.
  • The accused appears in front of a Judge (this is the 'arraignment'). The accused either pleads guilty or the case is adjourned so that a trial date can be set.
  • The police will be asked to contact you to find out if there are any times when you will not be available to come to court.
  • A trial date is set.
  • The witnesses (including the victim) are given court notices which tell them when the trial is going to be held. These notices are called 'subpoenas'.
  • Before the trial, the Crown Prosecutor, who is the prosecutor of the trial, may ask you to come and speak to him/her about the case.  This is called a 'conference'.
  • The trial is held in front of a Judge and, usually, a jury.  All witnesses, including the victim, give their evidence.
  • They jury decide if the accused is guilty or not guilty.  If no jury has been used the Judge decides.
  • If the accused is found guilty, the Judge will decide the sentence, usually on another day.
  • The accused may lodge an appeal to the Court of Criminal Appeal against being found guilty and / or against the sentence.  Also, the DPP can appeal against the sentence if it thinks that the sentence was too light.

Of course, not all cases proceed all the way through like that.

  • The defendant may plead guilty at any time.
  • Depending on how serious the charges are, the case may be finished in the Local Court with the Magistrate deciding if the defendant is guilty and deciding the sentence.
  • The Magistrate may decide that there is not enough evidence and 'discharge' the defendant.
  • The DPP may stop the prosecution from continuing if, for example, there is not enough evidence or if the victim does not wish to proceed.

 

Victims Compensation

If you have suffered physical or emotional injury as a result of an act of violence, you may be entitled to make a claim for victims compensation.You can contact the Victims Compensation Tribunal for further information.

  • Sydney (02) 9374 3111
  • Sydney 1800 069564

24 Hour Counselling

The Victims of Crime Bureau in conjunction with Mission Australia has a 24 hour telephone counselling and support service for victims of crime.

  • Sydney - (02) 9374 3000
  • Toll Free - 1800 633063

Interpreter Service - 13 14 50

  • Servizio interpreti
  • Servicio de Interpretes
  • Sevizz tal-Interpretu

The DPP

The DPP is responsible for the prosecution of all serious crime in NSW.

Victims of Crime Bureau

In order to ensure that crime victims receive the services they need and have their rights respected, the Attorney General's Department created the Victims of Crime Bureau.

The Bureau can help you with counselling, advice and other information about other services and support groups.

  • (02) 9374 3000
  • Freecall outside Sydney-1800 633 063

Victims of Crime Website

Information for Victims of Crime is available on the website:
www.lawlink.nsw.gov.au/voc