Special witness
You are automatically considered a special witness under the Evidence Act 1977 (Qld) if you are a victim of domestic and family violence (DFV) or sexual violence (SV) or are a child under 16 years of age.
You may be considered a special witness if you are giving evidence against a criminal organisation, or if you have a mental, intellectual, or physical impairment that makes giving evidence more difficult. You may also qualify if giving evidence would cause serious emotional trauma or if you may feel intimidated or unsafe in court.
Special witness measures
If you are a special witness, the court may allow you to access certain supports to help you feel safe and comfortable when you give evidence, such as:
- give evidence in advance (pre-recorded) of a trial
- give evidence live from a remote room via video link into the courtroom
- record your evidence from a remote room live during the trial
- use a screen in the courtroom so you don’t see the defendant
- have an approved support person with you, either in the courtroom or in a remote room
- close the court to the public while you give evidence.
Support person
You may request to have a support person with you while giving evidence, but they cannot be another witness. Their name must be given to the court beforehand. Support may also be available through Protect All Children Today (PACT).
Inside the courtroom
If you are giving evidence in the courtroom, you will see the judge, crown prosecutor, defence barrister and their instructing solicitor, and bailiff while you give evidence. You will also see the accused (the defendant) unless the court has allowed a screen to be put up so that you don't have to see the accused while you speak.
How to request special witness measures
The Office of the Director of Public Prosecutions may submit an application to the court for permission for you to access special witness measures.
If you would like to request special witness measures, please notify your victim liaison officer (VLO). If you are giving evidence in a hearing or a trial, you will have the opportunity to discuss special witness measures before the court event with the legal officer or the crown prosecutor.
If you are a victim of a violent or sexual crime, or a family member of a harmed victim, you have the right to choose to make a victim impact statement to tell the court how the crime affected you.