Court stages

Police investigate an alleged offence by gathering evidence, interviewing witnesses, and possibly questioning the suspect.

If enough evidence exists, they can:

• arrest the person and take them into custody
• issue a Notice to Appear telling the accused to attend court
• file a Complaint and Summons (a formal court document).

When a person is charged with any criminal offence, it will first be heard in the Magistrates Court in a committal proceeding known as a committal mention. This is the legal step before a committal hearing and is an administrative and quick event.

At this stage, the accused (known as the defendant):

• is informed of the charges
• may apply for bail (granted or refused)
• may enter a plea of guilty or not guilty
  • guilty - moves to sentencing
  • not guilty - case will progress to next stage
• may request legal representation or adjournment to obtain it.

It can be difficult to provide an accurate timeframe as to how long a matter might remain in the committal stage, as each matter may face different delays. Generally, matters will remain in the Magistrates Court for a minimum of six months.

You are allocated a victim liaison officer (VLO) when the ODPP receives the matter. This can occur at two different points:

• Committal (when the matter is in the Magistrates Court)
• Post-committal (when the matter is in the process of being transferred to the District Court or Supreme Court).

If your matter is in the Magistrates Court and you have not been contacted by a VLO, this may mean that the matter has not yet been received by the ODPP and is still being managed by the Police Prosecution Corp (PPC).

Bail is when an accused person is allowed to live in the community while waiting for their court matter to be finalised. They must follow strict conditions set by the court. If the court decides not to grant bail, the person stays in custody (remand).

A judge or magistrate decides whether someone should get bail. If someone is already in custody, they can apply for bail through the court.

How does the court decide on bail

When deciding whether to grant bail, the court looks at:

• risk to the community
• risk to you or other witnesses
• risk the accused person will commit further offences
• how long the accused has been in custody
• whether they might spend more time waiting in custody than they would if found guilty.

Bail conditions are listed on the accused's bail undertaking and may include:

• reporting to a local police station on set days and times
• living at an approved address
• staying home during set hours (curfew)
• not contacting the victim or any witnesses
• wearing an electronic monitoring device.

Victim expectations

If you are a victim, your victim liaison officer (VLO) will:

• let you know if the accused person applies for bail
• tell you the date of the bail hearing
• contact you with the result of the bail decision
• advise you of any conditions of their release.

You do not have to attend the bail hearing—but you can if you want to. You can’t speak at the hearing, but your VLO can pass on any requests to the lawyer attending, such as asking for no-contact conditions. You won’t be told where the accused is living due to privacy laws, but you will be told about conditions that relate to you such as no contact.

Safety concerns

Speak with your VLO or arresting police officer if you’re worried, especially if you feel unsafe, are being contacted by the accused or their family or need help with safety planning.

If you are experiencing domestic or family violence, your VLO can refer you to specialist support services.

What if bail is broken

It’s a crime to break bail conditions. If you think the accused has breached their bail, contact the police immediately (especially if they’ve tried to contact you). If charges are laid for a breach that involves you, you will be informed.

The Magistrates Court may hold a committal hearing to decide if there’s enough evidence for the charges to be transferred to the District Court or Supreme Court for trial. A committal hearing is a longer court event.

It is possible that a committal hearing is not required for the charges to be transferred if there is sufficient evidence and material or if the accused intends to plead guilty.

Victims or witnesses may be required to attend court to give evidence if a committal hearing proceeds.

The ODPP handles the prosecution of some matters at the committal stage in some Magistrates Courts.

The magistrate considers if there is enough evidence to proceed which may involve cross-examination of witnesses. If evidence is sufficient:

• the case proceeds to District Court or Supreme Court
• the accused person can plead guilty (and proceed to sentencing) or plead not guilty (and proceed to trial).

If evidence is insufficient, charges may be dismissed.

Outcome of the committal hearing

A VLO or legal officer will notify a victim and the arresting police officer will notify a witness of the outcome once the committal process is complete, and if transferred, what the official charges are. The ODPP must review the evidence and material and form a list of official charges, referred to as an indictment, within four to six months.

Indictment

The ODPP presents an indictment in the appropriate court (District or Supreme).

The District Court deals with matters such as indecent treatment of a child, rape, drug supply, dangerous operation of motor vehicle, unlawful wounding and grievous bodily harm.

The Supreme Court deals with other serious offences, such as murder, manslaughter and drug trafficking.

Pre-trial

Following committal, lawyers at the ODPP review the evidence obtained by the police and decide what charges, if any, will proceed.  At times there may not be enough evidence to proceed with prosecution.

The pre-trial stage is an administrative process between the ODPP, defence lawyers and the court to discuss any relevant legal issues prior to trial. There may be court events lists such as mentions, directions hearings, and legal arguments.

Trial

A trial is a hearing before a judge or a judge and jury (12 members of the public) in the District Court or Supreme Court.

Witnesses will give evidence in court in front of the jury, subject to special witness arrangements for children or other special witnesses. The jury hears the evidence and makes a decision about whether there is enough evidence to convict the accused or not.

The ODPP must prove the case beyond reasonable doubt. If not guilty the accused is dismissed (acquitted). If guilty, sentencing follows.

Requesting assistance to attend the trial

Support may be available if you are required to attend the trial to give evidence. View support available.

More information

Learn more about preparing to give evidence at a trial.

A sentence hearing is when the court decides the penalty or punishment for someone who has pleaded guilty or has been found guilty. It takes place after a guilty plea or a guilty verdict has been given.

A typical process for sentence hearings might include:

• The crown prosecutor explains what happened and how the offence was committed.
• If a victim impact statement has been provided, it will be given to the magistrate or judge. Sometimes parts of it may be read aloud in court.
• The defence lawyer will talk about the background of the person being sentenced, including things like their personal situation or any medical or psychological reports.
• The lawyers will talk about the law that applies and mention past cases where people were sentenced for similar offences.
• The judge will decide on the sentence and speak directly to the person being sentenced. It’s also common for them to talk more about the facts of the case before giving their decision.

The sentence is based on several key factors, including:

• the facts of the offence
• relevant legislation
• sentencing precedents (what has been done in similar cases)
• the risk to the community
• the person's potential for rehabilitation
• the person’s criminal history or whether they pleaded guilty or were found guilty after a trial.

Sentences can range from fines, probation, community service, suspended sentences or imprisonment. The defendant will be present.

Am I required to attend court for sentencing

You do not have to attend the sentence hearing unless specifically asked to attend as a witness.

You are welcome to attend if you wish, as courts are usually open to the public. Your victim impact statement can be presented by the crown prosecutor. You don’t need to read it yourself. In rare cases, you might be asked to attend to answer questions about your statement or the facts of the case.

Read more about preparing and presenting your victim impact statement.

If I don’t attend the sentence hearing, will I still be told the result

Yes. Your VLO or legal staff member will call to explain the sentence hearing outcome and we will also send you written confirmation.

Can I request financial assistance to attend a sentence hearing

The ODPP does not cover or repay costs for attending a sentence hearing, unless you receive a subpoena requiring you to attend a sentence hearing as a witness.

If you are the victim of an offence, it may be possible for you to make an application for financial assistance or access support such as counselling through Victim Assist Queensland (VAQ). For more information, contact VAQ on 1300 546 587.

Parole eligibility date and parole release date

An accused person may receive a parole eligibility date, or a parole release date as part of their sentence. Parole eligibility date is a date when the accused person is eligible to apply to the Parole Board to seek parole. It is not guaranteed that they will receive parole on this date. Parole release date is a date when the accused person will be released on parole. They do not have to apply to the Parole Board.

I am worried about the offender contacting me

If you need to contact police in the event of an emergency, call 000.

Once the court proceedings are finished, any bail conditions that were in place will stop. If you're worried the offender might contact you after court, speak with your VLO as soon as possible. They can arrange for you to talk to the crown prosecutor. In some cases, the court can make an order at sentencing to prevent any future contact.

You can register as a victim to obtain updates.  View post-court support.

Can I request compensation

In some rare cases the accused may be ordered by the judge to pay compensation as part of their sentence. This is not always the case. If you'd like more information, speak with your VLO or request a discussion with the crown prosecutor on the matter.

If you are the victim of an offence, it may be possible for you to make an application for financial assistance or access support such as counselling through Victim Assist Queensland (VAQ). For more information, contact VAQ on 1300 546 587.

Providing feedback following sentencing

We understand that an outcome of the court process may not feel like it reflects your experience. If you'd like to share your feedback, you can complete the victim liaison survey or submit feedback via our compliments and complaints process.

If a defendant is found guilty (by a jury, judge, or through a guilty plea), they may request a review of the all or part of a court's decision—this is called an appeal.  Victims, family, or the public cannot lodge an appeal.

Appeals may be made against the sentence, conviction, or both.

• If an appeal against sentence is successful, the court will set aside the sentence and impose a new sentence.
• If an appeal against conviction is successful, then the court will set aside the conviction, and may order a new trial or substitute a verdict of acquittal (not guilty).

If the court does not find an error, then the appeal is dismissed and the decision of the court is upheld.

Appeals go from a Magistrates Court to the District Court and from a District Court to the Supreme Court.

An accused person can only file one appeal in the Court of Appeal, and if unsuccessful, apply to the High Court of Australia for a further appeal (which must be granted special permission).

Both the Director of Public Prosecutions or the Attorney-General may appeal a sentence and will need to establish error before the court will alter the sentence.  They cannot appeal an aquittal.

Appeals must usually be lodged within one month of sentencing or conviction.

Process

1. The defendant lodges a Notice of Appeal.
2. A VLO will notify a victim if an appeal has been lodged.
3. A hearing is scheduled – this may take some time.
4. The appeal is heard by a judge. A decision may be given on the same day or reserved and delivered at a later date.

Victims are not required to attend, and you will not be asked to give evidence. Your VLO will contact you with the date, time, and location of the hearing. If you’d like to attend, let your VLO know ahead of time as it may not be in your best interest to attend. The decision may be handed down on the day, or later. If later, your VLO will notify you the day before the outcome is expected.

As a victim, you have the right to be kept informed of the appeal’s progress and be notified of any updates or outcomes.

Ask your VLO or request to speak with a crown prosecutor if you’d like more information. Ask about the grounds for the appeal (why the appeal was lodged), however, due to privacy laws, you will not receive a copy of the application.

If the offender is granted bail during the appeal process, your VLO will contact you to let you know.

Outcome of an appeal

If the appeal is dismissed or withdrawn the original conviction and sentence remain.

If the appeal is successful (allowed) for a conviction appeal, the court may order a new trial, enter a not guilty verdict or find the defendant guilty of a lesser offence. For a sentence appeal, the court may change the original sentence to a new one (can be more or less severe).

Once the appeal is finalised, the VLO or crown prosecutor will inform a victim and provide written notification of the outcome.