3.5 The Rights of Victims Flashcards
Victim
a person who has suffered directly or indirectly as a result of a crime
Victims Charter
the Victims’ Charter Act 2006 (VIC), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims
Alternative Arrangements
measures that can be put in place for witnesses in certain criminal (e.g. as sexual offence case) to give evidence in a different way
Complainant
a person who makes a formal legal claim that another person has committed a criminal offence against them.
Victims Register
a register (i.e. a database) maintained by the state of Victoria setup to provide the victims of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner’s earliest possible release date)
Parole
the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served
What is the purpose of the Victims Charter Act
- Recognise impact of crime on victims
- recognise that victims should be given certain information
- reduce the liklihood of secondary victimisation
Who is eligible as a victim?
- a person who has suffered injury as direct result (primary victim)
- family member of deceased primary
- Family member u18 / mental impairment - who has suffered injury
- u16 Child who has been groomed + family
What are the rights of a victim
- Right to give evidence in alternative arrangements
- Right to be informed about the proceeding
- Right to be informed of the likely release date of the offender
Who has the right to use alternative arrangements
add criterion
Vulnerable Victims (who are victims of):
* sexual offence
* family violence
* obscene/indecent/threatening language-behaviour in public
* sexual exposure in public
outlined in s359 Criminal Procedure Act 2009 (Vic)
What are the types of Alternative Arrangement
- evidence from other area (closed-circuit etc.)
- Screens to remove line of sight
- support person approved by court
- closed court
- casually dressed lawyers
- seated lawyers
outlined in s360 Criminal Procedures Act 2009 (Vic)
What is the exception to giving evidence in alternative arrangements?
- the prosecution applies for physical testimony/evidence
- the complainant is able and wishes to
- the complainant is aware of their right to give evidence elsewhere
What is the purpose of alternative arrangements
- Reduce Trauma, Distress, Intimidation
RE: right of a victim to be informed about proceedings
What information do investigatory, prosecutory and services agencies have to disclose?
- available support services and compensation entitlements (quickly, timely and consistent)
- available legal assistance
- the progress of investigation (unless puts it at risk)
All must be in reasonable time
outlined in s9-s11 Victims Charter Act 2006 (Vic)
RE: right of a victim to be informed about proceedings
Once the prosecution starts, what information does the Victims Charter require to be given to victims?
- Details of the offences charged
- Reason (if) offence is dropped
- Date/time/place of hearing
- outcome of any criminal proceeding + sentence
- details of appeal
- applications for bail + outcome/conditions
outlined in s9-s11 Victims Charter Act 2006 (Vic)
What must a person be a victim of to be included in the Victims Register?
- *Rape/sexual offence
- aggravated burglary
- Kidnapping
- stalking
- child stealing
- assault/injury punishable by imprisonment
- culpable driving causing death
- dangerous driving causing death/serious injury
- failing to stop after accident causing death/serious injury
outlined in s17 Victims Charter 2006 (Vic)
Once on the Victims Register, what information does a victim have the right to?
- when the offender has been imprisoned + release of prisoner on parole min. 14 days prior to release
- length of sentence
- if the offender escapes from prison
- make a submission to parole board against parole
outlined in s17 Victims Charter Act 2006 (Vic)
