Sexual violence case management – District Court

The Sexual Violence Case Management Pilot in the Brisbane and Ipswich District Courts introduces:

• Sexual Violence (SV) lists for the Court to actively case manage and monitor sexual violence offence proceedings through the introduction of new Court events.
• New Court events include Case Review Hearings that occur four weeks after indictment presentation to set dates for key court events; Trial Readiness Hearings that occur three months before trial to address outstanding pre-trial issues and to ensure the matter may proceed as scheduled; and two separate Directions Hearings to 1) obtain measures for the examination of an affected child witness or special witness and 2) to set directions or request to reschedule Court dates as required.
• Trial dates to be listed within eight (8) months of indictment presentation and efforts made to maintain trial stability.
• Online forms to be completed and submitted to the Court prior to the Case Review and Trial Readiness Hearings requiring parties to share information with the Court and to consider the matter, including pre-trial issues, earlier in proceedings.
• Mediated Case Conferencing facilitated by a Case Conference Registrar, requiring discussion between Senior Defence Counsel and Trial Prosecution to narrow issues, settle agreed facts, test the strengths and weakness of respective cases and for the Prosecution to provide a Trial Plan and indications as to sentence, prior to the giving of evidence.
• Dedicated court resources including Case Managers that provide a first point of contact with the Court for parties to resolve listing and other pre-trial issues, prepare summaries to support the SV List Judges to facilitate matter progression and proactively manage delays, and to work with stakeholders to ensure the safety of court users.
• Continuity of trial Crown Prosecutor committed to in-principle by the Office of the Director of Public Prosecutions to provide consistency of trial counsel to support complainants and witnesses in sexual violence offence proceedings.
• Expansion of Grants of Legal Aid available to legal practitioners in legally aided matters on the SV list to compensate for appearances in SV Case Management Court events in the Brisbane and Ipswich District Courts.
• Stakeholder feedback, input and oversight provided through Local Operational Working Group (LOWG) meetings in Brisbane and Ipswich made up of SV service providers, judicial and legal stakeholders and representatives of relevant criminal justice agencies to raise, resolve and escalate risks and issues relating to operation of the SVCM Pilot.

For more information, refer to the Sexual Violence Case Management Frequently Asked Questions (PDF, 164.0 KB).

If you are going to Court because you have been charged with a criminal offence, you are known as the ‘Defendant’. If you do not have a lawyer representing you or you have chosen to represent yourself, you are known as a ‘Self-Represented Defendant’.

The Prosecutor will provide you with a hard copy of the Case Management Form (PDF, 364.9 KB) that you will need to read and complete. Alternatively, you can complete the form online.

Complete the Case Management Form

You may also like to view and download a copy of the Case Management Factsheet (PDF, 153.1 KB).

Forms

Case review form

Legal practitioners are required to complete and submit the Sexual violence case review form online at least five (5) business days prior to the Case Review Hearing.

Submit Case Review Form

Trial readiness form

Legal practitioners are required to complete and submit the Sexual violence trial readiness form online at least five (5) business days prior to the Trial Readiness Hearing.

Submit Trial Readiness Form

Printable versions of the Sexual violence case review form (printable) (PDF, 320.5 KB) and Sexual violence trial readiness form (printable) (PDF, 322.7 KB) are also available for information purposes. The court will not accept forms emailed by legal practitioners.

Mediated Case Conference

Where the Court has ordered that parties participate in a Mediated Case Conference, parties are to confer to determine a suitable date. Available dates and times of the Case Conference Registrar can be viewed and booked at the link below:

Book Mediated Case Conference

Required material: The Prosecution are to provide a draft trial plan for the Mediated Case Conference no later than two days prior to the conference.  A sample trial plan  is available for reference.

Conference outcomes: If the parties reach agreement on an issue(s) during a Mediated Case Conference, and if the parties elect, that agreement can be reduced to writing, certified by counsel and filed as draft Orders by Consent to be signed in chambers.

If providing draft Orders to the Court, the Orders must:

• be in Microsoft Word format;
• be comprehensive, adapted to the particular case, and specify dates for compliance with each step set out in the order; and
• contain a provision to the effect that, in the event of any default in compliance with the order, the defaulting party must, within seven days of the default, notify the Case Manager of the noncompliance.

For more information refer to our frequently asked questions (PDF, 221.0 KB). To contact the Case Conference Registrar, email Conference.Registrar_DC@justice.qld.gov.au

Case Managers are the main point of contact for matters on the Sexual Violence List.

They can provide the following information:

• briefly explain and answer questions about how the Court works, and its practices and procedures;
• provide Court listing availability and information on how to get a Court matter listed;
• give you information about how your Court matter is managed and the processes involved in each step to a hearing;
• give you contact details for organisations that may be able to give you free or low cost legal advice or assistance; and
• give you contact details for organisations that may be able to give you emotional support or counselling.

The Case Managers can be contacted at:

• Brisbane: SexualViolenceList.Brisbane@justice.qld.gov.au
• Ipswich: SexualViolenceList.Ipswich@justice.qld.gov.au

Special witness provisions and giving of evidence

In Queensland, a person against whom a sexual offence is alleged to have been committed may be considered a special witness or affected child witness under the Evidence Act 1977. In such cases, arrangements may be made to reduce the trauma of going to court to give evidence. Arrangements may include putting steps in place so that the complainant or witness is unable to see or hear the defendant (accused person), including:

• pre-recording the evidence on video before the trial or hearing date
• giving evidence from a remote witness room
• putting a screen up in the courtroom.

New provisions of the Evidence Act 1977 also require that the court must exclude all persons other than those required to be in the courtroom whilst a complainant in a sexual offence proceeding gives evidence.

In addition, a person impacted by sexual violence may request a support person to be present in the courtroom or remote witness room for the giving of evidence. Protect All Children Today (PACT) provide free support to adults and children with sexual offence proceedings before the court in Queensland and can also assist with applying for financial assistance. To request PACT support, phone or complete an online referral form.

Phone: 1800 449 632

Online referral: Request PACT support

A complainant or witness in a sexual offence matter may speak with a representative of the Office of the Director of Public Prosecutions about applying for protections when proceeding through court and giving evidence.

Phone: 1800 673 428

Email: DPP.Mailbox@justice.qld.gov.au

Support for people impacted by sexual violence

In Queensland, there are government and community support services to help people who have been impacted by sexual crimes. To find a support service, refer to the Queensland Government page Sexual abuse and assault: getting help.

The Office of the Victims Commissioner also provides helpful resources for adults in Queensland who have experienced sexual violence including the Victims’ Pathway online resource and related podcasts and videos.

Victims of crime have rights in the criminal justice system under the Charter of Victims’ Rights which explain how government and non-government organisations must interact with victims of violent crime. Complaints may be made via the Office of the Victims’ Commissioner for victims of crime who feel their rights have not been upheld.

Financial Assistance is available to victims of violent crimes to help assist in the recovery process.  For more information about applying, eligibility and types of claims visit Victim Assist Queensland, phone or email for assistance.

Phone: 1300 546 587

Email: victimassist@justice.qld.gov.au