FAQs

There may be a number of hearings to deal with legal issues before the trial begins. These hearings could relate to the admissibility of evidence, name suppression or other issues to do with the trial.

Generally speaking, more complicated cases will take longer to get to trial. These will also require more hearings beforehand, because the prosecution and defence have more preparation to do. It is unlikely that you will have to attend these hearings. But if you are required, you will be notified in advance.

If you have been asked to attend an interview on a voluntary basis you are entitled to decline the interview or choose not to answer questions if you do not wish to. The SFO does have the power to compel a person to attend an interview and answer questions pursuant to section 9 of the Serious Fraud Office Act 1990. If you have been required to attend a section 9 interview you must attend at the time and place specified and answer questions put to you. Failure to do so is an offence.

Yes you can, however the interviewers will ask your support person to refrain from answering questions on your behalf. The purpose of the interview would be to record your story in your own words.

The SFO will provide you with a Ministry of Justice expense claim form. This sets out what you can claim for, including expenses for travel (if we have not arranged this for you).

If you are a witness in a prosecution you will receive a summons from the Ministry of Justice. The summons will require you to appear in court. The summons will set out the court you are meant to appear in and the first day of the trial. You will have to appear in court for this hearing and the SFO will let you know what date you will give your evidence. The summons will also specify the consequences of failing to attend the court hearing, including the court issuing a warrant for your arrest or changing you with contempt of court.

There are many factors that influence the length of a trial. The court will set the trial down for an estimated duration, which can range from a couple of weeks to a few months depending on the complexity and scale of the prosecution. It is not uncommon, however, for the trial to overrun the estimated duration. If you are a witness and the case is set down for weeks or months, you will normally only have to attend court on the day that you have to give evidence. The SFO will let you know well in advance of the trial date and will give you a rough idea of when you might be expected to give evidence. Closer to the trial date, your contact with the SFO will increase and you will be assisted though the process.

An SFO investigator will inform you of the verdict, which should also be available on the SFO website.

An offender can appeal against the sentence or conviction or both. If the defendant is convicted and appeals the conviction, the entire trial may need to be heard again, meaning you may have to give your evidence again. If it is only the sentence in dispute, a judge may consider the appeal and decide whether to change the sentence or not.

The SFO records interviews digitally. Depending upon the nature of the interview you may be asked to attend the SFO premises in Auckland. Any travel expenses for people based outside Auckland would be met by the SFO. Alternatively, you may be visited by members of the SFO at another suitable location.