Your rights in court

Right to a fair trial

If you go to court, you have the right to a fair trial.

A trial is a legal process that helps work out if someone:

• took part in a crime
• did not take part in a crime.

A fair trial includes:

• being able to speak if you want to

• letting your lawyer speak and ask questions for you

• a judge and/or a jury who will look at your case fairly.

Right to legal support

If you go to court, you have the right to have legal support with you.

You might have a lawyer.

You can find your own lawyer.

Or you can contact a community legal service to get a free lawyer.

You can find your closest community legal service on the Community Legal Centres Australia website.

In Australia we have some legal services that might help you, such as:

Aboriginal and Torres Strait Islander legal services:

• NSW/ ACT Aboriginal Legal Service
• Northern Territory
• Queensland Aboriginal Legal Service
• South Australia
• Tasmanian Aboriginal Legal Service
• Victorian Aboriginal Legal Service
• Western Australia Aboriginal Legal Service 

Other legal services:

• Disability Legal Services
• Legal Aid Commissions
• Legal Services for Victims of Crime
• Women’s Legal Services
• Youth Law Australia

Right to information and supports

If you go to court, you have the right to get information in a way you can understand.

This can include:

• large print

• Braille

• Easy Read

You also have the right to get support from someone who can help you understand information.

You might need:

• a support person

• an advocate – someone who can help you understand and speak up about a problem

• an interpreter.

An interpreter is someone who:

• speaks the language you speak
• can help you understand what someone says when they speak a different language.

Right to safety

If you go to court, you have the right to be safe.

Security guards at the courts keep people safe.

Courts also have equipment to check what people bring into the building.

They might have:

• x-ray machines
• metal detectors.

You might feel worried about going to court if you will see someone who was violent towards you.

You should tell:

• the court
• your lawyer.

They can keep you safe.

For example, you might tell your story by video instead of going to the court.

You can find out more in the online toolkit for people with disability called, So you have to go to Court.