Children giving evidence

Who is a child victim or affected child witness

A victim under the age of 16 is considered a child victim.  Likewise a witness under the age of 16 is considered an affected child witness (ACW). When giving evidence in court, a child victim or affected child witness is automatically treated as a special witness.

The court process

Providing evidence is a crucial part of the prosecution process and plays a key role in achieving a positive outcome for victims.

We understand that the court process can be long and often confusing for victims and their families. To support this, we ensure that child victims or affected child witnesses—and their families—are kept informed and have access to the appropriate support services throughout the process.

Providing a statement to police and giving evidence in court are two separate processes.

1. Pre-recording of evidence
2. Giving evidence in court

Pre-recording of evidence

Your child will be asked to give evidence and answer questions based on the statement they gave to police. The child’s evidence is typically digitally recorded in a separate hearing, and this audio-visual recording is referred to as a ‘pre-recording of evidence’. This usually takes place before any trial begins. The recording will be played to the court at a trial in the future. The process includes:

1. A victim liaison officer (VLO) will contact you once the pre-record date is scheduled—usually 2 to 3 weeks in advance.
2. In the week before the pre-record, the child victim or affected child witness will:
   • visit their nearest ODPP office to watch their police interview recording.
   • meet with the crown prosecutor to go over what to expect when giving evidence. During this meeting the child will see the room where they will give evidence, helping them to feel more comfortable and confident. The crown prosecutor will explain the process and prepare the child for giving evidence.
3. On the day of the pre-record, the child will give evidence remotely, often from a separate, child-friendly space.

Giving evidence in court

A child victim or ACW will still be required to attend court, but they will be in a separate room with their support person. They can choose to have a family member or friend (over the age of 18) for support or alternatively may prefer a support person from Protect All Children Today (PACT) who can provide information to them during the court session. The support person must not be a witness to the matter.

The child victim or ACW will not see the defendant while they are giving evidence, but the defendant will be able to see them from the main courtroom by closed-circuit television. They will only see who is speaking to them, including the judge, crown prosecutor, defence lawyer and courtroom staff.

Supporting your child through the evidence process

• It’s completely normal to feel unsure about how best to support a child during the court process.
• Many parents, caregivers, and children may feel nervous or anxious during the court process.
• Your VLO will:
  • keep you informed about the process and what to expect
  • explain key steps clearly and in plain language
  • connect you with support services such as counselling for you and/or your child.

Court support

Dedicated support for children and families during the court process is available through a court support service, Protect All Children Toay (PACT).

PACT provides:

• a welcome pack to introduce their services and explain the court process
• a support person to:
  • answer your questions
  • arrange a face-to-face meeting
• in-person meetings with you and your child to go over court procedures in more detail
• regular check-ins from your PACT support person, who stays in touch with your VLO for updates on the case
• a tour of the courthouse and the pre-record room to help your child feel more prepared
• help with:
  • writing a victim impact statement
  • applying for support services such as Victim Assist.

PACT can also:

• accompany your child to:
  • their police interview viewing
  • meetings with the Crown Prosecutor
  • the court hearing where they give evidence.
• explain each step of the process to help your child feel more comfortable and supported.

Your VLO can discuss the services of PACT with you and refer you to PACT for support.

Queensland Intermediary Scheme

Since July 2021, the ODPP has taken part in the Queensland Intermediary Scheme pilot program, currently operating in Brisbane and Cairns. The pilot program applies only to prosecution witnesses in child sexual offence cases who:

• are under 16 years of age
• have an impairment of the mind
• have difficulty communicating.

If your child experiences communication challenges or needs special considerations, they may be eligible for assessment and support through an intermediary.

Learn more about the Queensland Intermediary Scheme and the role of the intermediaries.