After the Trial. I muri i te whakawātanga.

Sentencing Sentencing
This is when the Judge decides what happens to the offender if they've pleaded or been found guilty.
View the full glossary is when the Judge decides what will happen to the offender offender
Person convicted of a crime.
View the full glossary and they’re required by law to take into account:

• How serious the offence was
• The impact it has had on you, and others
• The offender’s personal, family, whānau, community and cultural background, as well as their age and health
• What sentences have been given for similar crimes
• reports about the offender (such as a pre-sentence report).

Your victim impact statement victim impact statement
A record of how the crime has affected the victim. The Judge must consider it when sentencing the offender.
View the full glossary is the way for you to be heard in the process and to tell the court how the crime has affected you. The judge is required to consider your victim impact statement when sentencing the offender.

Sentencing happens in an open court, so you and your friends, family or whānau can choose to attend the sentencing hearing.  The public and the defendant defendant
The person accused of the crime.
View the full glossary ’s friends and family might also be in court. If you choose not to attend the sentencing hearing your Sexual Violence Victim Advisor Sexual Violence Victim Advisor
Specialist worker who helps people through the court process.
View the full glossary or officer in charge will let you know what happens.

In a sentencing hearing, the charges charges
Formally accusing somone of something that is against the law.
View the full glossary will be read out and details of the offending are likely to be repeated.

The court can give a range of sentences(external link) (and combination of sentences) depending on what's appropriate in the circumstances; like putting a protection order protection order
A protection order means an offender can be arrested if they hurt, threaten or approach you or your children. You can apply for a protection order if you're in a domestic relationship with the offender. A judge can include a protection order in a sentence
View the full glossary or restraining order in place.

Understanding sentences is not always easy. Not all offenders will go to prison even when they're found guilty. Whatever the sentence sentence
The consequences of the crime for the offender if they've pleaded or been found guilty.
View the full glossary , the officer in charge or your Sexual Violence Victim Advisor can explain what it means.

 

Sentencing

You may be asked whether you want to write a victim impact statement victim impact statement
A record of how the crime has affected the victim. The Judge must consider it when sentencing sentencing
This is when the Judge decides what happens to the offender offender
Person convicted of a crime.
View the full glossary if they've pleaded or been found guilty.
View the full glossary the offender.
View the full glossary .  There are usually three sections; physical injuries, financial costs, and emotional/psychological impacts (how the offending has made you feel). 

Your victim impact statement is the way for you to be heard in the process and to tell the court how the crime has affected you. The judge is required to consider your victim impact statement when sentencing the offender.

If the judge agrees, you (or someone you choose) can read out all or part of your victim impact statement in court at the sentencing hearing. If you're a victim of a serious crime the judge will almost always allow your victim impact statement to be read out in court. Ask your Sexual Violence Victim Advisor Sexual Violence Victim Advisor
Specialist worker who helps people through the court process.
View the full glossary or police officer in charge police officer in charge
Your main contact person with the police for your case.
View the full glossary to ask the judge for you. Your statement can also be presented in the form of a video or audio recording.

If the defendant defendant
The person accused of the crime.
View the full glossary pleads pleads
A formal answer to a charge e.g guilty or not guilty.
View the full glossary guilty; and in some instances, found guilty, you may be asked if you want to take part in a restorative justice restorative justice
A restorative justice conference is where the victim of a crime and the offender work with a specialist sexual violence facilitator to meet and discuss the crime. It provides an opportunity for both of you to have a say.
View the full glossary conference. Both the victim and the defendant must agree for a restorative justice conference to take place, and the facilitator (organiser) must agree that it'll be safe otherwise it won't go ahead. If all agree, a restorative justice usually takes place before sentencing sentencing
This is when the Judge decides what happens to the offender if they've pleaded or been found guilty.
View the full glossary .

Restorative justice provides an opportunity for you to have your say and for the offender offender
Person convicted of a crime.
View the full glossary to be held accountable and take responsibility for their actions.

A specialist sexual violence restorative justice facilitator (organiser) will cater to the needs of the people involved. For example, if the sexual offence happened within a family, then the facilitator can work with the victim-survivor, offender and respective support people to create a plan on how to navigate future events. This may include helping the family determine who goes to certain family functions to avoid future confrontation.

For more information see Project Restore(external link).

I realised that I wasn't going to get over [the sexual violation] unless I tell him how I felt. This was my time to tell him.

- Anonymous victim-survivor

If the offender offender
Person convicted of a crime.
View the full glossary has been sentenced to imprisonment or home detention, you can be kept up-to-date about what happens to them by applying to go on the victim notification register victim notification register
A confidential list used by criminal justice agencies to keep victims informed about the offender.
View the full glossary .

Being on the victim notification register can help you to feel safer, as you’ll be told when significant events happen to the offender. These can include:

-          Parole Parole
When an offender is allowed out of prison to finish their sentence in the community. They must follow certain conditions.
View the full glossary board hearings and decisions

-          When the offender is released from prison/home detention

-          If the offender is temporarily released from prison

-          If the offender escapes from prison

-          If the offender dies

To apply to go onto the victim notification register(external link), you need to complete a victim request form and give it to police. Your Sexual Violence Victim Advisor Sexual Violence Victim Advisor
Specialist worker who helps people through the court process.
View the full glossary can help you complete the form. If you prefer, you can name someone else to receive the information about the offender on your behalf. You also can ask to stop being notified at any time.

If the offender offender
Person convicted of a crime.
View the full glossary feels they have been wrongly convicted, or if they feel the sentence sentence
The consequences of the crime for the offender if they've pleaded or been found guilty.
View the full glossary is too severe or inappropriate, they can appeal appeal
A request to a court to change a decision e.g type of sentence, length of sentence.
View the full glossary to have that decision reconsidered. They can also appeal against the court’s refusal to grant name suppression. You won't have to give evidence give evidence
Answering questions about what happened to you.
View the full glossary at the appeal.

You can’t lodge an appeal. However, the prosecutor prosecutor
The lawyer who presents the case against the person accused of a crime.
View the full glossary can appeal against the sentence if they consider it wasn't adequate for the crime.

If there's going to be an appeal, your Sexual Violence Victim Advisor Sexual Violence Victim Advisor
Specialist worker who helps people through the court process.
View the full glossary will contact you and they can support you through the process.

If the court upholds the appeal it may decide to:

●        change the sentence given to the offender

●        order a re-trial, where you and any other witnesses may need to give evidence evidence
Various things presented in court to prove an alleged fact i.e videos, witness statements.
View the full glossary again

●        acquit the offender, which means they're found not guilty and are free to go.

If the offender offender
Person convicted of a crime.
View the full glossary is found guilty of an offence against a child, the Judge may order that they be put on the Child Sex Offender Register(external link). This is a record of personal information about registered child sex offenders living in the community. If the crime happened many years ago, and the victim is now an adult, they will still be placed on the register. 

The register is a tool to help Police and Corrections staff with the monitoring of people who have offended in the past, with the aim of keeping children safe and preventing re-offending.

Up until this point, you may have focused all your energy and attention on the court process and it's quite common to feel lost, disappointed, or let down after it's over. Now it's time to look after yourself. 

After what might have been a long and stressful experience, there is help and support available for you, your family and whānau. Start by reaching out to the Safe To Talk team, at the bottom of this page.