The committal hearing

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There are two kinds of court hearings. The first is the committal hearing, where a magistrate decides if there is enough evidence for the case to go to trial. The committal hearing is held in a Magistrates' Court and will probably be heard a couple of months after the person is charged with sexual assault.

The magistrate may allow a closed court at the committal hearing while the victim/survivor gives their evidence. The victim/survivor's name is not given in court, this is protected by the Law. The Judicial Proceedings Reports Act 1958 prevents any publication of details likely to lead to the identification of a person against whom a sexual offence is alleged to have been committed.

The case against the accused person is presented at the committal hearing and at the trial by a Barrister briefed by the Director of Public Prosecutions. The victim/survivor's position in the court is that of a witness, so they won't have a lawyer representing them in court. The alleged offender is defended by their own lawyer. They may not have representation at the committal hearing, but they almost certainly will if there is a trial. The accused person does not have to give evidence, but at the Committal Hearing must enter a plea. Their lawyer will often act on their behalf.

The trial

The second court hearing is the trial. This is usually before a Judge of the County Court and a jury. The court is generally not a closed court at trial. However, on application by the prosecution and at a Judge's discretion, the court can be closed while the victim/survivor gives their evidence.

If the alleged offender pleads guilty, the victim/survivor will not have to give evidence at the court and will not even have to attend the court at all. However, if the alleged offender pleads not guilty they will have to give evidence under oath in the witness box and be cross-examined by the defence. After evidence has been given by the victim/survivor other witnesses will be questioned.

At the end of the trial, the jury gives a "guilty" or "not guilty" verdict and the Judge then passes sentence. The trial may take a few days or occasionally several weeks.

IF YOU LIVE IN A COUNTRY AREA, YOU MAY NOT WANT THE COURT HEARINGS TO BE HELD LOCALLY. IF THIS IS S0, ASK THE COURT IF IT CAN BE ARRANGED FOR THE HEARINGS TO BE HELD IN ANOTHER TOWN.

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Disclaimer Copyright Updated: 20 Jul 2010