Going to court (Victims)

Subpoenas

If the police or prosecutor decide to charge the accused, they will bring the case to court. This makes them a party to the case. Depending on the type of charge and the court that the case will be heard in, they may be known as the police prosecutor or the crown.

Once the accused has been charged, they will then be referred to as the defendant. They are the second party to the case. If the defendant has lawyers, they will be called the defence.

If you are called to give evidence, you will be called a witness. You are not a party to the case, ,so you don’t need to have your own lawyer.

If the police need you to attend court to give evidence, they may subpoena you.

If you reported a sexual assault, your counsellor could get a request or a subpoena to produce your counselling records.

For more information, see Subpoenas – Victims.

Giving evidence

If the case goes to court, the police may want you to give evidence as a witness. Whether you must go will depend on what plea the defendant enters. If the defendant pleads guilty, you may not need to go to court. If the defendant pleads not guilty, the case will go to a hearing and the police may want you to be a witness.

While the case is in court, the police must:

• tell you about the trial process, and your role as a witness
• protect you from unnecessary contact with the defendant during the case
• tell you of any special bail conditions imposed on the defendant to protect you or your family.

You won’t need to attend preliminary hearings or committal hearings unless the court directs you to.

If you don't want to go to the hearing, you can tell the police that you don't want to be a witness.

For more information, see Giving evidence (Victims).

Mental health or cognitive impairment

The court process is different if the offender is claiming they suffer from a mental health impairment or cognitive impairment.

The court must decide whether they:

• are capable of understanding and taking part in the legal process
• can be held responsible for their actions.

For more information, see Mental health or cognitive impairment (Victims).

If the offender becomes a forensic patient, the process will be different.

If the offender is committed to a mental health facility, the case will be handled by the Mental Health Review Tribunal (Tribunal). Tribunal processes are different to criminal proceedings in court. The purpose of these processes is to review the offenders detention, care and treatment.

You are entitled to know about and participate in tribunal reviews.

For more information, see Forensic patients.

Sentencing process

If the defendant is convicted of an offence, they may then be sentenced.

This may happen on the same day that the offender is convicted, or the case may be adjourned to a later date for sentencing.

Once the defendant has been convicted, they will then be called the offender.

The court will takes many factors into account when deciding the offender’s sentence. These include:

• the nature and seriousness of the offence
• the offenders background, personal circumstances and criminal history
• sentencing laws
• aggravating and mitigating factors
• victim impact statements.

The prosecutor must inform you of the sentence the offender receives and if the offender breaches their sentence.

For more information, see:

• Sentencing on the Office of the Director of Public Prosecutions website
• Sentencing information package on the NSW Parliament website.

Aboriginal sentencing programs

If the offender is Aboriginal or Torres Strait Islander and pleads guilty to the offence, there are two specialist Aboriginal sentencing programs they may participate in:

• Circle sentencing
• Walama List Pilot.

If you agree to participate in circle sentencing, you must be given an chance to say what you think about the offender and what they did to you.

For more information, see Aboriginal sentencing programs.

Victim impact statements

A victim impact statement is a written statement that the victim can write. It explains to the court how the crime has affected you and its impact on your life.

In some cases, you may be able to give a victim impact statement at a sentencing hearing if:

• the defendant has been found guilty
• the defendant is going to be sentenced for the crime
• the defendant was held not criminally responsible because of mental health or cognitive impairment
• you are the primary victim or a family victim
• you have suffered personal harm because of the crime.

For more information, see Victim impact statements.

Criminal compensation order

A Criminal Compensation Order is a court order that direct an offender to pay you an amount of money to compensate you for loss or injuries that you suffered because of the offence.

If the offender doesn’t pay you what the order says, you can apply to register the order at court. You can then enforce this as a debt to claim the money from the offender.

If you were given money from Victims Services, you may have to pay it back if a criminal compensation order is made.

For more information, see Criminal compensation order.

Apprehended Violence Orders

If there is an Apprehended Violence Order (AVO) application against the offender, it will be decided after the criminal charges.

If the offender pleads guilty, or the court finds the offender guilty, it is likely the court will make a final AVO against them.

If the court dismisses the charges, it will then decide whether to make an AVO. The court can still make an AVO even if it dismisses the charges.

For more information, see The decision.

If an AVO is made against the offender, this may affect your:

• tenancy
• home
• job
• visa.

For more information, see Consequences for the protected person.

If you and the offender have a child together, an AVO might affect your parenting arrangements. For more information, see Apprehended Violence Orders and Family Law.

Getting your property back

Property Recover Order

If you left your property with the offender and there is an Apprehended Domestic Violence Order (ADVO) application against the offender, you can ask for a Property Recovery Order. This is a court order that sets out how your property should be returned. It can cover things like clothes, personal papers and children's toys.

You must apply for a Property Recovery Order before the ADVO application is finalised.

For more information, see Property Recovery Orders.

A property recovery order is not a property settlement. If you own a significant asset with the offender, like a house, boat or shares, you must negotiate a family law property settlement. For more information, see Property settlements.

Uncollected goods

If you left your belongings with the offender and there is an apprehended personal violence order application or no AVO application against the offender, you may be able to make a claim for uncollected goods.

If the offender left their belongings with you, they might also make a claim for uncollected goods.

For more information, see Uncollected goods.

Restitution (returning) of property

If the offender has illegally taken your property, you may be able to get an order for your property to be returned to you. Your property must be:

• worth less than $100,000, and
• property you are legally entitled to possess.

The court can make this order regardless of whether it finds the offender guilty of an offence for taking or disposing of your property.

The court can’t make a costs order against a party in these types of matters.

Getting back your property from the police

If the police have your property, you should speak to the officer in charge about getting it back. The police will give back your property if they don’t need it for evidence. If your belongings are needed as evidence, they will be given back to you after the case is finished, including any hearings and appeals.

It is important that you arrange to collect your property because if you don’t, the police can sell or throw it away.

If the police won’t return your property to you, you can ask the court for an order requiring the police to return your property.

The police won’t give you back anything that is illegal to own, such as a weapon.

Before you make an application, you should get legal advice.

After court

If the offender is convicted for the offence, they may appeal their conviction or sentence to the District Court within 28 days.

The prosecution may also appeal if they think the offences sentence is too lenient.

If the offender is sentenced to prison, you can apply to have your name included on a Victims Register. The prosecutor must provide you with the contact details for the Victims Register that you can apply to be registered on.

If the offender is sentenced to prison, they may be able to apply for parole when eligible. All victims are entitled to write a submission to the State Parole Authority about an offender’s parole application.

For more information, see After court – victims.

Last updated: May 2026