Access to court information, hearings and documents

Transcription

1 Access to court information, hearings and documents Information for victims of crime

2 Access to court information, hearings and documents Information for victims of crime ISBN: Published by the Victims Support Agency Department of Justice GPO Box 4349 Melbourne Victoria 3001 Website: Copyright State of Victoria, Department of Justice, October 2011 Design by Modern Art Production Group Printed by Big Print

3 Contents About this brochure 2 Support available for victims of crime 2 Before a case goes to court information about the investigation 3 Police informant 3 If charges are laid 3 If charges are not laid 4 Finding out about the court case 5 Getting details about the hearing 5 Tracking the progress of a court case 6 How do I search online for a case? 7 Keeping up to date with the case 8 How do I search the court s daily list online? 9 Going to court 11 After court 12 Information about the outcome of a case 12 Victims Register 13 Getting information from the court 14 Getting court transcripts 17 Further information 18 The Victims Charter principles 18 Victims Charter enquiries and complaints line 20 Court contact details Inside back cover 1

4 About this brochure If you have been a victim of crime, you have rights under the Victims Charter Act The Victims Charter guides how criminal justice and victim support agencies treat victims of crime. The Victims Charter principles are provided at the end of this brochure. 2 Under the Victims Charter, victims have the right to receive certain information about their case. This brochure explains what information you are entitled to and how to access it. About this brochure Support available for victims of crime If you have any questions about this brochure, or your rights as a victim of crime, the Victims Support Agency operates a dedicated Victims of Crime Helpline. The Helpline is staffed by trained Victims Support Officers who can offer advice and referral to local support services. The Helpline may also be able to assist you to find information about your case. To speak to a Victims Support Officer, call the Victims of Crime Helpline on (between 8:00am and 11:00pm weekdays, except public holidays).

5 Before a case goes to court information about the investigation This section is about your right to receive information about the investigation. It explains: who the police informant is what information the police should tell you if someone is charged what information the police should tell you if someone is not charged. Police informant 3 If you have reported a crime and the police are investigating it, you should be provided with the name of the police investigator who is also called a police informant. The police may have given you a Victims Guide to Support Services and the Criminal Justice System. On the back page of the Victims Guide, there is room for the police informant to put their name and contact details. They will be able to answer your questions about the investigation. If charges are laid Under the Victims Charter, the police must tell you about any charges filed against an accused/defendant. Police may phone you or send a letter telling you that the accused/ defendant has been charged, and what they have been charged with. Before a case goes to court information about the investigation

6 If charges are not laid If charges are not laid, the police should tell you why no charges were laid. They must tell you this as soon as it is practical. If charges are not laid, the case will not go to court. You can access support through the Victims of Crime Helpline. To speak to a Victims Support Officer, call the Victims of Crime Helpline on (between 8:00am and 11:00pm weekdays, except public holidays). 4 Before a case goes to court information about the investigation

7 Finding out about the court case This section is about: your right to find out about the court case tracking the progress of a court case searching online for a case keeping up to date with the case on the court s daily list. Getting details about the date, time and place of a hearing Once a person has been charged, police must provide you with details about how to find the date, time and place of the court hearing. In most cases, the police should also give you the name of the accused/defendant which allows you to contact the court directly to find out when the court case will be heard. The court will ask for the defendant s/ accused s name when you are asking for information about a case. Phone numbers for the Magistrates, County and Supreme Court can be found on the inside back cover of this brochure. Police can only provide a victim with the name of an accused/defendant once a person has been charged or summonsed to appear in court. Victims cannot get other personal details (such as the address of the accused/ defendant). Police will not give out the name of the accused/defendant if they feel that releasing their name could endanger others. If the accused/defendant is a young person (under 18 years) and the police provide you with their name, you are not allowed to release any details to the public which could identify the young person. 5 Finding out about the court case

8 Tracking the progress of a court case The court process can take some time and court dates often change. Sometimes proceedings are not finalised on the first day they appear in court. In some cases, there can be a number of different types of hearings on different days. 6 Finding out about the court case You can follow the progress of a case by contacting the police informant who can give you court details. Due to things like shift work rosters, police informants may be difficult to reach. Many people find it easier to track the progress of a case themselves on the relevant court s website. Both the Magistrates Court and the County Court have online case search functions. The Supreme Court has an subscription service which will send daily case information to your address. If you do not have access to the internet, you can phone the court and give them the name of the accused/ defendant. Numbers for the Magistrates, County and Supreme Court can be found on the inside back cover of this brochure. If your matter is being heard in the Children s Court, you should contact the police informant as case information does not appear on the Children s Court website.

9 How do I search online for a case? Magistrates Court court lists > daily hearing lists > daily hearing lists > search court lists Select criminal lists and submit query to browse all criminal matters across all Magistrates Court locations. Enter the police informant s name or the accused s/ defendant s name to narrow the search. The search will bring up the case number, name of the informant and accused/defendant, the date of the hearing and where it will be heard. 7 County Court quick links > court connect > view criminal/appeal hearings (you must accept the terms and conditions of the use of the information) You will need the first and last name of the accused/ defendant to search. Finding out about the court case The search will bring up the party name (accused/defendant), case identification number, the date, type and location of the hearing, as well as the judge assigned to the case.

10 Supreme Court lists and sittings > daily list subscription The Supreme Court does not have a case search function. You can register to receive a daily outlining the next day s hearings. You can also check the court s daily list (see below for more information). You can also contact the Office of Public Prosecution s Witness Assistance Service on: (03) or (country callers only). 8 Finding out about the court case Keeping up to date with the case on the court s daily list You should always check hearing details the day before the original scheduled court date as they may change. You can do this on the court s daily list on their website. This is a timetable of all the cases that are being heard on the following day. If you do not have access to the internet, you should telephone the court directly to ensure the case is still scheduled for the original date. Numbers for the Magistrates, County and Supreme Court are provided on the inside back cover of this brochure.

11 How do I search the court s daily list online? Magistrates Court daily hearing list (under quicklinks) > daily hearing list > (select region) > (select criminal list and day) The criminal list will display a calendar of criminal listings up to two months in advance. If you have questions, contact the appropriate court s Criminal Registry (e.g. Criminal Registry of the Heidelberg Magistrates Court). Contact numbers for each Magistrates Court location can be found in the Contact Us section of the Magistrates Court s website. Alternatively, you can help@magistratescourt.vic.gov.au 9 County Court lists and sittings > daily lists > crime and appeals list (click on link to open document in Microsoft Word). The daily lists for the County Court are usually available by 6.00 pm the previous day. Finding out about the court case Enquiries in relation to County Court lists should be directed to the Court s Melbourne Registry (criminal matters): (03)

12 Supreme Court lists and sittings > the current daily list (click on link to open document). The daily lists for the Supreme Court are usually available by 4.30pm the previous day. If you have any questions, contact the Supreme Court on: (03) Finding out about the court case

13 Going to court This section is about attending court, even if you are not required as a witness. It explains when you can, and cannot, attend a court hearing. Once you have found out the date, time and place of the hearing, you may like to attend. If you are required to attend as a witness, you cannot be in the courtroom before you give your evidence, but you should be able to listen to the rest of the hearing after you have finished giving evidence. Most court cases are heard in open court which means anyone can attend the hearing. Sometimes courts will be closed to the public because the court thinks it is necessary to protect someone (for example, if the hearing may distress or embarrass a witness). If the court is closed, only parties to the proceeding (the accused/defendant, their legal counsel, and the prosecutor) can attend the hearing. It is probably best to discuss whether this is a possibility in your case with the Office of Public Prosecutions (if your matter is being heard in the County or Supreme Court), or the police informant (if your matter is being heard in the Magistrates or Childrens Court). 11 Going to court

14 After court This section is about: your right to information about the outcome of a case getting information from the court getting transcripts from the Victorian Government Reporting Service. Information about the outcome of a case 12 After court Under the Victims Charter, the agency prosecuting the case has to give you information about the outcome of a proceeding. In the higher courts (County Court and Supreme Court), this is the Director of Public Prosecutions and the Office of Public Prosecutions will be responsible for telling you the outcome of the case. In the Magistrates Court, specialist police prosecutors will prosecute the case. This is not the same police officer you have dealt with during the investigation (police informant). You may not know who the police prosecutor is, and you may not hear from them before or after the hearing because the outcome will usually be communicated to you by the police informant. Sometimes, the police informant does not receive information about the outcome of a case from the police prosecutor immediately and this can mean there is a delay for some victims of crime in hearing about the outcome of a case. You may like to follow up with the court directly.

15 In some cases, you may also be able to apply to the court to obtain certain information or specific documents regarding the court case, such as a recording of the hearing or a written transcript of the hearing. For most of this information, you will need to apply to the court and there may be a fee. The Victims Register You may apply to the Victims Register, which enables victims of violent crime to receive information about the prisoner/offender, including: 13 the length of a sentence the release date from prison the making of a supervision order or detention order, if applicable. After court If the prisoner is being considered for release on parole, or if an application is made to the court for a supervision or detention order, the Victims Register gives victims the opportunity to express their concerns through written submissions to the Adult Parole Board, or to both the court and the Adult Parole Board for supervision and detention orders. Making an application to the Victims Register is voluntary. For further information or an application form, contact the Victims Register at the Victims Support Agency on , or visit

16 Getting information from the court Magistrates Court 14 After court Court recording or transcript The Magistrates Court does not provide transcripts (complete written records of everything said in court) but all proceedings are recorded and kept for 12 months. To request a recording, you should fill out the form: Request for copy of digital recording. The form is available on the Magistrates Court s website under forms. You should send it to: Manager, Magistrates Support Services Melbourne Magistrates Court GPO Box 882G Melbourne 3001 Court result or decision You can apply for a copy of the final decision. You should address your application to the Criminal Registry of the court where the case was heard. Contact numbers for each Magistrates Court location can be found in the Contact Us section of the Magistrates Court s website. Alternatively, you can help@magistratescourt.vic.gov.au If you are unsure where your matter was heard, contact the Melbourne Magistrates Court on: (03)

17 County Court Access to the court file You can request access to the court file (which contains all documents filed with the court) before or during a trial by applying in writing to the trial judge (during trial) or criminal list judge (before trial). After a matter has been finalised, applications should be made to the trial judge or the Chief Judge of the County Court. You may need to complete a form to access this information. For further information, you should contact the Melbourne Criminal Registry: (03) Court recording or transcript Requests for court transcripts can be made in writing to the Victorian Government Reporting Service (VGRS) (see below for more information on the VGRS). Court result or decision Certified extracts of finalised criminal cases will be made available upon reasonable written request to the court registry, addressed to: Criminal Registry County Court of Victoria 250 William Street Melbourne 3000 In assessing what is reasonable, the stated purpose and intended use of the information will be taken into account. For general queries, you can contact the Melbourne Criminal Registry: (03) Some County Court decisions can also be found on the County Court website: by selecting Judgments. Sentencing remarks Copies of sentencing remarks may be available. For more information, contact the Information & Library Services Manager: (03) After court

18 Supreme Court Access to court file before or during trial In some cases, the court will allow a member of the public to inspect a court file in person. There may be fees for this service. However, the Court must direct a case file to be open to the public, so it may not be possible in every case. Court recording or transcript Transcripts are required in all cases in the Supreme Court and are provided by the VGRS (see below for more details on the VGRS). 16 After court Court result or decision Recent judgments (including sentences) are available from the Recent Trial Division Judgments link on the Supreme Court s website: judgments and sentences > recent trial division judgments. Some judgments are also available on the Australasian Legal Information Institute website under the Victorian section of the site: Cases & Legislation > Victoria > Supreme Court of Victoria OR Supreme Court of Victoria - Court of Appeal If you are trying to access older judgments, these can be accessed through the Supreme Court Library: Supreme Court Library 210 William Street Melbourne VIC 3000 Tel: (03) Fax: (03) sclib@supremecourt.vic.gov.au Office hours: Mon to Thu: 8.30am-6.00pm; Friday: 8.30am-5.00pm

19 Getting transcripts from the Victorian Government Reporting Service In some cases the VGRS can provide a transcript of a court hearing. Not all proceedings are transcribed (for example, hearings in the Magistrates Court). Where a transcript is available, they may be available to the general public for a fee. In some cases, the court in which the matter was heard may order that a transcript not be made available to anyone other than the prosecution or defence. This applies particularly when hearings are conducted in closed court. The VGRS suggests you make the court aware early on if you think you may want a copy of the court transcript so that the matter can be discussed. Requests for transcripts can be made in person, by telephone, fax or in writing to the VGRS: 17 Victorian Government Reporting Service Level 2, 565 Lonsdale Street Melbourne, Victoria, 3000 Telephone: (03) Facsimile: (03) vgrs.transcriptrequest@justice.vic.gov.au After court When you make an application for a transcript, you will need to indicate your interest or connection to the proceeding and provide the following information: details of the court hearing the proceedings (i.e. County Court, Melbourne) the type of matter (i.e. criminal) the name of the accused/defendant the date of the hearing the name of the judge.

20 Further information The Victims Charter principles If you are the victim of crime, you have the right to: 18 Further information 1. be treated with courtesy, respect and dignity by all criminal justice and victim support services 2. be given clear, timely and consistent information about your rights and entitlements and, if appropriate, be referred to victims and legal support services 3. be told about the police investigation at key stages in some cases, the police may not be able to give you all the details if it would jeopardise an investigation, in which case you should be informed accordingly 4. be told about the prosecution, including charges laid and any substantial changes to charges, details of court dates and times when you are required as a witness or have indicated a wish to attend, court outcomes and any appeals lodged 5. be told (if you request it) about the outcome of any bail application and any special conditions of bail which are intended to protect you your safety can also be taken into account when considering a bail application 6. have the court process explained to you, including your role as a witness 7. as far as practicable, be protected from unnecessary contact with, and intimidation by, the accused and their family and supporters, as well as defence witnesses while you are at court

21 8. prepare a Victim Impact Statement which may be considered by the court in sentencing the offender, and have access to the assistance you require to prepare a Victim Impact Statement 9. have your personal information, including residential address and telephone number, not disclosed to anybody except in accordance with the Information Privacy Act have your property that is held for investigation or evidence stored and handled in a lawful, respectful and secure manner and, in consultation with you, returned as soon as practicable 11. if you are the victim of a violent crime, request that the court order the offender to pay you compensation. You may also apply for financial assistance from the government for harm resulting from a violent crime 12. apply to be included on the Victims Register if an adult offender is sentenced to prison for a violent crime against you, receive specific information regarding the release of the offender, and have your views taken into account by a Parole Board when any decision about parole of the offender is being considered. 19 Further information

22 Victims Charter enquiries and complaints line An important aspect of the Victims Charter is the right to make a complaint if you think any of the Victims Charter principles have not been followed. The Victims Charter Enquiries and Complaints Line can assist you if you have questions about your rights as a victim of crime. Victims Charter Enquiries and Complaints Line :00am 5:00pm Monday to Friday (except public holidays). TTY Service for hearing impaired: Translating and interpreting service: Further information

23 Court contact details Magistrates Court of Victoria The Magistrates Court has a number of metropolitan and country court locations. Contact details for each court are available on the Magistrates Court website (www. magistratescourt.vic.gov.au) by selecting Contact Us from the menu. If you are not sure where your matter is being heard, or you have a general enquiry, the Melbourne Magistrates Court can be contacted on: (03) County Court of Victoria The County Court of Victoria sits at a number of locations around Victoria. If you are not sure where your matter is being heard or you have a general enquiry you can contact the County Court s Criminal Registry on: (03) Supreme Court of Victoria The Supreme Court has a number of locations. If you have a general enquiry, you can contact the General Registry on: (03) If the registry officer is unable to help, or if you need additional assistance, you can call the Court Liaison Officer on: (03)

24 Victims Support Agency Victims of Crime Helpline am 11.00pm Monday to Friday except public holidays Free call except from mobile phones Translating and Interpreting Service TTY service is available for the hearing impaired on Information is available in up to 30 community languages. Contact the Victims of Crime Helpline on to obtain copies, or visit