Chapter 3.5 Flashcards
the rights of victorians
victim
a person who has
suffered directly or
indirectly as a result of
a crime
objectives and key principles of Victem Charter
- recognise the impact of crime on victims
- recognise that victims should be offered certain information during the investigation and
prosecution process - help reduce the likelihood of secondary victimisation that may be experienced by the victim as a
result of their interaction with the criminal justice system.
The Victims’ Charter defines ‘victim’ broadly. Depending on the crime, a victim can include: - a person who has suffered injury as a direct result of a criminal offence (often called the
‘primary victim’) - a family member of a person who has died as a direct result of a criminal offence
- a family member of a person who is under 18 years of age or is incapable of managing his or her
own affairs because of mental impairment, and that person has suffered injury as a direct result of
a criminal offence - a child under the age of 16 years who has been groomed for sexual conduct, as well as that
child’s family.
The Victims’ Charter sets down principles such as respectful treatment of victims, respect for victims’
privacy, and ensuring victims are given information about any criminal case brought to court. However, a
breach of those principles does not entitle the victim to take civil action to enforce them.
victem is defind in the victems charter to mean
- a natrual person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably forseable by the offences or
- if a person who has died as a result of a criminal offence commited against that person, a family member of that person or
- if the person is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment, a family memeber of that person
main 3 rights
- the right to give evidence using alternative arrangements
- the right to be informed about the proceedings
- the right to be informed of the likely release date of the offender
the right to give evidence using alternative arrangements
measures that can
be put in place for
witnesses in certain
criminal cases (e.g. as
sexual offence cases)
to give evidence in
a different way
(e.g. via video link)
Cases in which alternative arrangements can be made
The court can direct alternative arrangements to be made for any witness who gives evidence in
criminal proceedings that relate to a charge for:
* a sexual offence
* a family violence offence
* an offence for obscene, indecent, threatening language or behaviour in public
* an offence for sexual exposure in a public place.
The arrangements can be made at any stage of the criminal proceeding, including any appeal or rehearing.
types of alternative arrangements
Alternative arrangements for witnesses in court may include:
- Remote Testimony: Witnesses can give evidence from a location outside the courtroom via closed-circuit television or similar technology, and the evidence will be recorded.
- Screens: Used to prevent the witness from seeing the accused directly.
- Support Person: A court-approved support person can accompany the witness while they give evidence for emotional support.
- Restricted Court Access: Only specific people allowed by the court may be present when the witness testifies.
- Relaxed Formalities: Lawyers may be required to dress less formally and remain seated while questioning the witness.
In cases involving sexual offences or family violence, the court must use closed-circuit television or similar facilities unless the witness prefers and chooses to testify in the courtroom.
Purpose of alternative arrangements
The purpose of alternative arrangements is to try to reduce the trauma, distress and intimidation that
a witness may feel when giving evidence. This is particularly so in cases involving charges for sexual
offences and family violence, where the trauma and injuries suffered may be significant, and witnesses
are at greater risk of suffering secondary trauma because of giving evidence about what happened.
The right to be informed about the proceedings
Sections 8-11 of the Victims’ Charter outline the rights of victims to be kept informed about a criminal investigation’s progress, unless this information could harm the investigation or the victim chooses not to be informed. Victims have the right to know:
- The status of the prosecution, including charges, court dates, outcomes, sentences, and any appeals.
- Any major changes or decisions in the case.
- Bail decisions and any conditions set to protect them or their family members.
Once a prosecution begins, victims should be informed of:
- Details of the charges.
- Reasons if no charges are laid.
- How to find out about court dates and locations.
-The outcome, including sentences or appeals.
- Their right to attend court hearings.
The right to be informed of the likely release
date of the offender
Victims of violent crimes, such as assault, armed robbery, stalking, kidnapping, breaches of family violence intervention orders, threats to kill, sexual offenses, culpable driving, manslaughter, or murder, can apply to be included on the Victims Register. This service provides information about the offender who has been sent to prison for these crimes, allowing victims or their affected family members to stay informed about the offender’s status.
eligibility of victims register
victems can get information about the offender from the victims register if
- the offender hurt them or a family member
- A family member has died because of the crime
- they have been a victim of family violence
- they have a connection to the crime
Victims cannot be put on the victims register if they do not meet eligibility criteria or, the prisoner is detained in youth justice sentence, the offender has not been sentanced, the prisoners sentance has finished, offender was found not guilty because of mental impairment
information victims can get
once a victem is on the victims register, they can find out,
- the length of the offenders sentence
- the offenders earliest possible release date
- if the length of the offenders sentence changes
- if they apply for parole
- if parole is cancelled
- if offender is transferred to another state
- if the offender escapes prison
- if the offender dies
