Witnessing a crime

Part of the Crime topic

Understand what to do if you witness a crime in Queensland.

In short

If you see or suspect a crime happening, you must report it. You may be asked for a statement and attend court if your statement is useful. Witnesses can get protection if they feel unsafe.

Reporting crime to police

You should report the incident to the police as soon as possible. This can prevent valuable evidence from being lost or destroyed. It may also help police catch the offender before someone else is harmed.

See report a crime.

Giving a witness statement

If you see or know something about a crime or are involved in some way, the police may ask you to give a witness statement.

It’s important that your statement is true and to the best of your recollection. It’s a serious matter to give false information to the police.

Attending court as a witness

If the police charge the offender, your witness statement may be used as evidence in court. You may be asked to appear in court to give your evidence in person. This is called a:

summons—if you are needed as a witness in the Magistrates Court
subpoena—if you are called as a witness in the Supreme or District Court.

If you are summonsed or subpoenaed, you must attend court.

If you do not attend court, you may be found guilty of contempt of court and a warrant may be issued for your arrest.

You may be asked questions about what you saw, heard and know by both the defence and prosecution lawyers. This is to:

confirm your version of events in your police statement
ensure the facts presented about the crime are correct
help the court come to a fair decision.

Special witnesses in court

Special witnesses can include people who:

are under 16 years
have a disability and are likely to be
disadvantaged as a witness
suffer severe emotional trauma
be intimidated at a hearing
are witnesses to organised crime
are a victim or witness to domestic and family violence
are a victim of sexual assault.

As a special witness, you can ask the court for permission to:

record your statement on video before the court date
give evidence remotely from a witness room
have a support person with you
close the court to the public and media while you give evidence.

Payment for attending court as a witness

If you’re subpoenaed or summonsed to appear as a witness in court, you can receive travel expenses to get to and from court. This is called conduct money.

You can also be paid for any loss of earnings you suffer because of appearing as a witness.

The police or the Office of the Director of Public Prosecutions will decide the actual amount you’ll receive.

Protection for witnesses

You have a right to be protected at court from unnecessary contact with or violence or intimidation by the accused person and their witnesses, family members or friends.

If you’re contacted by anyone other than the police or a prosecution lawyer about what you saw or know, you should notify the police immediately.

See get a protection order.