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If you witnessed a crime or know something about a crime, the police may ask you to give a written statement about what you know.
If someone is charged with a criminal offence you may be asked to give evidence in Court.
Giving evidence in Court
If you witnessed a crime or know something about a crime, the police may ask you to give a written statement about what you know. It is a serious matter to give a false statement. If someone is charged with a criminal offence you may be asked to give evidence in Court.
If the offender pleads not guilty to the offence, you may have to give evidence at the Hearing in the lower Court. If the matter is serious enough and the Magistrate thinks there is enough evidence, the case may go to a higher Court for a trial and you may have to give evidence again.
When giving evidence in Court you must answer all questions unless you claim privilege (eg legal professional privilege or privilege against self-incrimination).
If you give false evidence in Court, this is a criminal offence called ‘perjury’. There may be serious penalties if you are found guilty of perjury. If you are concerned about giving evidence, get legal advice.
You may be asked to make a statement or an affidavit before going to Court. You do not have to do this if you do not want to.
More information about giving evidence is available on the Department of Justice and Attorney-General (DJAG) website. The Queensland Government website also has information for victims and witnesses of crime.
Some Courts can now accept some evidence by telephone or video linkup. Contact the Court or the person who wants you to give evidence to find out if this is possible.
Most offenders plead guilty at some point in the proceedings so you may not have to give evidence in Court.
Protection for children and victims of sexual offences
Children and victims of sexual offences are special witnesses who are protected as much as possible when giving evidence. More information about special witnesses is available on the DJAG website.
The community organisation Protect All Children Today (PACT) may be able to help you prepare for Court if you are a child or the parent of a child victim, and offer support when you give evidence. The Queensland Government has an online database of organisations providing support services for victims of crime.
What if I refuse to give evidence in Court?
A Court registrar may issue a subpoena requiring you to appear in Court to give evidence, produce documents or both. Subpoenas can be issued in both civil and criminal proceedings. Unless subpoenaed, you do not have to attend, but you should talk to the police or your victim liaison officer at the Office of the Director of Public Prosecutions or get legal advice before making a decision.
If you refuse to follow a subpoena you may be found guilty of contempt of Court. A Magistrate or Judge may issue a warrant for your arrest for you to be brought before the Court. The Magistrate or Judge may order you to pay costs for not following with the subpoena.
If you are subpoenaed, you should be given enough money to allow you to get to the Court (eg local taxi fares, or airfares if you are a long distance from the Court). This is called conduct money. You are also entitled to be paid witness expenses for attending Court. This is decided by the Magistrate or Judge and covers expenses and time lost.
These expenses are paid by the person responsible for issuing the subpoena (in civil proceedings—the plaintiff or defendant; in criminal proceedings—the crown or defence). A Magistrate or Judge may order the person who issued the subpoena to pay part or all your expenses.
Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.