If you are a victim of domestic violence and police made a video or audio recording of your statement – either at the scene of the incident or later – this can be played in court as your evidence-in-chief.

The defence still has the right to cross-examine you, so you will have to attend the hearing or trial, but the court can arrange for the cross-examination to be via CCTV / AVL, so you don’t have to be in the same room as the accused.

If you give evidence this way, you will be able to see, hear and speak to the magistrate or judge, and the prosecutor or the defence lawyer from your room. You should not be able to see the accused person. If you can, you or your support person should let the magistrate or judge know. Everyone in the courtroom will be able to see and hear you.

The ODPP doesn’t need your permission to use the police recording as your evidence-in-chief but we do have to consult you before we do, and we will always take your view into account.

Children involved in domestic violence matters

Support person: If you are under 18 years you can have at least one support person with you, whether you give your evidence in the courtroom or the CCTV / AVL room. If it is in the courtroom, the judge or magistrate will decide where the support person sits. This will usually be near you, or somewhere where you can see them.

Closed courts: The court can be closed to members of the public who are not directly involved in the case while you give evidence and are cross-examined.