Court Procedure and Witnesses Flashcards

Question 1

Q

Guilty Pleas By Post
Section 12 Magistrates Court Act 1980

What Type Of
Offences Does The
Process Apply To?

Answer

A

Summary offences started by way of either:
*Summons; or
* Requisition
…in either:
*The Magistrates Court; or
*The Youth Court - (only for those aged 16 or 17).

Question 2

Q

What Documents Are
Served On The
Defendant?
3 items

Answer

A

The defendant is served with:
*The summons / requisition;
* Statement of facts; and
*Form of explanation.

Question 3

Q

What Options Are
Available To The
Defendant Following
Service?
2 options

Answer

A

Option 1
Proceed to
trial.

Option 2
Pleading guilty by post
and putting forward mitigation
to the court in their absence.
If so — the Magistrates designated officer
informs the prosecution
of the written guilty plea.

Question 4

Q

Options Available To
The Magistrates In The
Event Of Non
Appearance?
3 options

Answer

A

Option 1
Issue a warrant
for their arrest.

Option 2
Appoint a later date
to appear in court.

Option 3
Proceed in the
defendant’s absence.
Before taking action
the court must be satisfied that
any summons issued had been
properly served.

Question 5

Q

When Will It Be
Appropriate To Proceed
In The Defendant’s
Absence?
Focus on the defendant’s age

Answer

A

Under 18
The court may
(has the discretion)
to proceed in their absence.

18 Or Over
The court must
proceed in their absence
-unless it is
contrary to the interests of justice.

Question 6

Q

Examples Of Situations
Where The Court Will
Be Justified In
Proceeding In The
Defendant’s Absence?

Answer

A

Examples
*Deliberate absence.
*Defendant not caring about the
consequence of their absence.

Question 7

Q

Is It Possible To
Proceed In The
Defendant’s Absence
When They Are Not To
Blame — For Example
Through Illness?

Answer

A

Yes
In extreme cases.

General Rule
The court will adjourn
— but will not adjourn indefinitely.
There will come a point where it will be in the
interests of justice
to proceed in the defendant’s absence.
R v Taiyor [20081 EWHC Crim 680.

Question 8

Q

Mode Of Trial

Answer

A

3 categories of offences

Question 9

Q

Summary Offences

Answer

A

Definition?
Statute only provides a maximum penalty
imposable on summary conviction
Statute does not provide a penalty for a
conviction on indictment.

Venue For Trial?
Magistrates Court
only.

Question 10

Q

Either Way Offences

Answer

A

Definition?
Statute provides a maximum penalty for
both:
*A summary conviction; and
*A conviction on indictment.

Venue For Trial?
Either
the Magistrates Court
or
the Crown Court.

Question 11

Q

Indictable Offence

Answer

A

Definition?
Common law offences
or
Statute only provides a maximum penalty
imposable on indictment.
Statute does not provide a penalty
for a summary conviction.

Venue For Trial?
Crown Court
only.

Question 12

Q

Mode Of Trial
Hearing For Either
Way Offences
Section 19 Magistrates Court Act 1980

When Will The
Magistrates Convene A
Mode Of Trial Hearing?

Answer

A

Where a person aged 18 or over is charged
with an either way offence - the Magistrates
will hold a mode of trial hearing when the
person either:
*Pleads not guilty; or
*Has not indicated an intention to plead
guilty.

Question 13

Q

Type Of Offences?

Answer

A

Magistrates Court
Summary
Either Way

Crown Court
Indictable
Either Way

Question 14

Q

Presided Over By?

Answer

A

Magistrates Court
* At least 2 lay Justices of
the Peace; or
* Single (Deputy) District
Judge sitting alone.

Crown Court
* High Court Judge;
* Circuit Judge;
* Recorder; or
* Qualifying judge
advocate.

Question 15

Q

Modes Of Address?

Answer

A

Magistrates Court
*Sir / Ma’am; or
* Your worship(s).
Crown Court
* High Court Judge — My
Lord / My Lady.
* Rest — Your Honour.

Question 16

Q

Who Can Conduct Their Case?

Answer

A

Magistrates Court
Both the prosecution and
defence can conduct their
case in person or be legally
represented.

Crown Court
* The prosecution must be legally
represented
* The defence can conduct their
case In person or be legally
represented
* They can also be accompanied by
a friend who can act as an adviser
— but cannot examine witnesses or
address the court

Question 17

Q

Who Has Rights Of Audience?

Answer

A

Magistrates Court
* Solicitors; and
* Barristers.

Crown Court
* Solicitors with higher
rights of audience; and
* Barristers.

Question 18

Q

Jury?

Answer

A

Magistrates Court
None
The Justices Clerk advises lay
Magistrates on pants of law and
the Justices determine guilt by
considering the factual evidence
lad before them

Crown Court
Yes — all persons eligible provided
* On electoral register;
* Over 18 and under 70,
* Resident in UK, Channel Islands or
Isle Of Man for over 5 years since
the age of 13,
* Not mentally disordered, and
* Not disqualified from Jury service.

Question 19

Q

Procedure Following A Guilty
Plea?

Answer

A

Magistrates Court
Prosecution:
* State the facts of the case, and
* Outhne previous convictions.
Defence:
* Make a plea in mitigation prior to
sentence.

Crown Court
Prosecution:
* Outline previous convictions, and
* If there iS a dispute about the facts
of the case — prosecution presents
evidence of their version of the facts
In a Newton hearing
Defence:
* Make a plea in mitigation prior to
sentence.

Question 20

Q

Procedure Following A Not Guilty
Plea?

Answer

A

Magistrates Court
* Prosecution - summarises prosecution case
* Defence - Invited to identify what is in Issue.
* Prosecution - Presents prosecution case
* Defence - Presents defence case
* Closing speech,
* Verdict

Crown Court
* Prosecution - Presents prosecution
* If at the close of the prosecution case— the
prosecution has failed to prove all elements of
the actus reus and mens res of the offence
beyond reasonable doubt — judge will direct and
acquittal in response to a defence submission of no case to answer
* Defence - if there is a case to answer - defence presents the defence case
* Closing speeches
* Verdict

Question 21

Q

SECURING THE ATTENDANCE OF A WITNESS AT COURT - WITNESS SUMMONSES

Answer

A

Who Can Apply?
Prosecution
Defence…

What Can They Apply For?
Either:
* Summons
*Warrant; or
*Order…

Purpose?
requiring a witness to attend either:
* Magistrates Court; or
*Crown Court.

Question 22

Q

Service Of The
Summons
Rule 4.7(1) Criminal Procedure Rules 2015

Answer

A

Who Can The Summons Be
Served Upon?
A witness summons may be served on either:
*An individual; or
*A corporation
by any of 3 methods…

Means 1
Handing
it over.

Means 2
Leaving it
at an address
where it is reasonably believed
the witness will receive it.

Means 3
Posting it
to an address
where it is reasonably believed
the witness will receive it.

Question 23

Q

COMPETENCE AND COMPELLABILITY OF WITNESSES

Answer

A

Definition Of
Competence
A witness is
competent if they
have the ability and
capacity to give
evidence.

Definition Of
Compellability
A witness is
compellable if they
can be forced to give
evidence.

Not
competent
>
Cannot
give
evidence.

Competent
But Non
Compellable
>
Discretion
whether to
give
evidence.

Competent &
Compellable
>
No choice
can be forced
to give
evidence.

Question 24

Q

Presumption Of
Competence?

Answer

A

It is presumed that all witnesses,
irrespective of their age,
will have the capacity
to give evidence
and will be a competent witness…
…unless either of 2 exceptions apply.

Exception 1
They lack capacity to give evidence - they are
unable to give intelligible testimony — i.e. they
cannot either:
* Understand questions put to them as a witness;
or
* Give answers which can be understood.

Exception 2
They are the
accused / co-accused
as a witness
for the prosecution.

If they cease to be an accused person
-they will at that point
become an ordinary competent witness,
provided they possess
the requisite capacity.

An accused person
who possesses the requisite capacity
-will be a competent witness
for their own defence
or the defence of a co-accused.

Question 25

Q

Means To Determine
Whether Witnesses
With A Disorder Or
Disability Of The Mind
Pass The Intelligible
Testimony Test?

Answer

A

Means 1
Expert evidence.

Means 2
The court
determining whether the witness
is able to understand questions put to them
and provide responses that are capable
of being understood.

Question 26

Q

General Rule
Bog Standard Witnesses

Answer

A

General Rule?

Witness For The
Prosecution
Competent
Compellable

Witness For The
Defence
Competent
Compellable

Question 27

Q

Exceptions
3 categories
Accused

Answer

A

Accused?
Witness For The
Prosecution
Not
competent
Not
compellable

Witness For The
Defence
Competent
Not
compellable

Question 28

Q

Co-Accused

Answer

A

Co-Accused?
Witness For The
Prosecution

General Rule;
Not competent
Not compellable

Exception:
Cases to bo a co-accused
Competent
Compellable

Witness For The Defence
General Rule;
Competent
Not compellable

Exception:
Cases to bo a co-accused:
Competent
Compellable

Question 29

Q

How Can A Person Cease To Be A
Co-Accused?

Answer

A

*The co-accused pleads guilty;
*The co-accused is convicted; or
*Proceedings are discontinued against the
co-accused.

Question 30

Q

Spouses & Civil
Partners

Answer

A

Definition Of A Spouse
A spouse is a person
married to the accused
at the time of the trial
NB - this definition also
includes same sex married couples.
Section Il Marriage (Same Sex Couples) Act 2013

Former Spouses
A former spouse (due to divorce)
is treated as if they were never married
to the accused
— i.e. they are treated as a
“bog standard witness”.

Definition Of A Civil Partnership
A civil partner
is a person in an
ongoing civil partnership
with the accused
at the time of the trial.

Former Civil Partners
A former civil partner
(due to dissolution)
is treated as if they never entered into a civil
partnership
— i.e. they are treated as a
“bog standard witness”.

Timing Of Divorce / Dissolution
Where the parties are married
or in a civil partnership
at the time of the commission of the offence
or their arrest for the offence
- but have subsequently divorced or had their civil
partnership dissolved prior to the trial
- they will be treated as if they have
never been married
or entered into a civil partnership.

Common Law Partnerships
A person “living with” the defendant
in a common law cohabitation arrangement
will not qualify as a “spouse or civil partner”
— they are therefore treated as a
“bog standard witness”.
R v Pearce [2002] 1 WLR 1553

Spouses & Civil Partners?
Witness For The
Prosecution

General Rule:
Competent
Not compellable

Exception - Section 80(3)
ACE 1984 offences
Competent
Compellable

Witness For The
Defence
Competent
Compellable

Question 31

Q

Section 80(3) PACE 1984
Offences?

Answer

A

Assault, injury, or threat of injury to the spouse / civil
partner.
Assault, injury, or threat of injury to a child under 16.
A sexual offence committed in respect of a child under 16.
Attempting, conspiring, aiding, abetting, counselling,
procuring or inciting any of the above.

Question 32

Q

Does A Spouse Or Civil
Partner Need To Be Informed
That They Are Not A
Compellable Witness Before
Interviewing Them In
Relation To A Crime In
Respect Of Which Their
Spouse Is Suspected?

Answer

A

No
R v L [2008] EWCA Crim 973

Question 33

Q

Will The Spouse Or
Civil Partner’s Refusal
To Take The Stand For
The Prosecution Give
Rise To An Adverse
Inference At Trial?

Answer

A

No
The prosecution will not be permitted to
comment on the spouse’s refusal.

Question 34

Q

Sworn & Unsworn
Testimony
Section 55 & 56 YJCEA 1999

Can A Non-Competent
Person Who Does Not
Possess The Requisite
Capacity Give Either
Sworn Or Unsworn
Testimony?

Answer

A

No
The witness must be competent
— i.e. have the requisite capacity
before they are permitted to give
anv evidence,
be it sworn or unsworn.

Question 35

Q

Determining Whether A
Competent Witness,
Who Does Possess The
Requisite Capacity, Will
Give Either Sworn Or
Unsworn Evidence?

Answer

A

The presence of capacity
merely provides
the competence
of a witness of any age
to give evidence.

It still needs to be determined
whether the evidence tendered
will be either
sworn or unsworn
in nature?

This is determined by 2 factors:
*The cut off age of 14 or over; and
*The appreciation of the witness.

Question 36

Q

Who Will Give Sworn
Testimony?

Answer

A

Witnesses aged 14 or over;
Possessing the requisite capacity - (capable of giving
intelligible testimony);
Provided they have sufficient appreciation of:
The solemnity of the occasion, and
The particular responsibility to tell the truth which is
involved when taking the oath.

Question 37

Q

Who Will Give
Unsworn Testimony?

Answer

A

If the competent witness possessing the requisite capacity
either:
Is under 14; or
Does not have a sufficient appreciation of:
The solemnity of the occasion; and
The particular responsibility to tell the truth whilst under
oath.

Children Aged Under 4
A child aged under 4
who is competent,
will be permitted to give unsworn testimony
— provided they display their competence
throughout the whole of their evidence.
R v P [2006] EWCA Crim 3

Question 38

Q

Who Bears The Burden
Of Proving That The Age
Of The Witness Is 14 Or
Over And Has The
Requisite Appreciation?
Section 55(3) YJCEA 1999

Answer

A

Starting Presumption
If the witness is able to give intelligible testimony (i.e. they
possess the requisite capacity) — they will be presumed have a
sufficient appreciation Of both,
* The solemnity Of the occasjon
* The particular responsibility to tell the truth whilst under oath
.if no evidence to show the contrary is adduced by any party

So, put simply
if a witness can give intelligible testimony,
it is presumed that they
also have the sufficient appreciation
— unless this presumption is challenged
via evidence to the contrary.

Responding To A Challenge To The
Witness Having Sufficient
Appreciation
If any such evidence is adduced — the party seeking
to have the witness sworn must satisfy the court on the
balance of probability that the witness both:
* Has attained the age of 14; and
* Has such a sufficient appreciation.

Question 39

Q

What Evidence Can Be
Produced To Prove The
Age Of A Witness?
2 means

Answer

A

Means 1
Birth certificate
plus
evidence to identify
the person named
in the birth certificate.

Means 2
A statement
from a person
present at the birth.

Question 40

Q

Who Will Be
Required To Swear
An Oath Or Make An
Affirmation?

Answer

A

2 Options
Witnesses who give sworn evidence must
either:
*Take an oath; or
*Make an affirmation.

Question 41

Q

Will A Witness Who
Merely Produces A
Document Be Required
To Take An Oath Or
Affirmation?

Answer

A

No
Perry v Gibson (1834) 1 A&E 48

Question 42

Q

Which Method Of
Swearing Is
Appropriate?
Section 1 Oaths Act 1978

Answer

A

Oath
* Christians — On the New Testament;
*Jews — On the Old Testament;
*Muslims — On the Koran; and
*Hindus — On the Vedas.

Affirmation
An affirmation will be sworn where either:
* The witness objects to swearing on an oath; or
* Their request for an alternative form of oath is
not reasonably practicable and would delay or
inconvenience the proceedings.

Question 43

Q

Witness Anonymity
Orders
Section 88 Coroners & Justice Act 1999

Purpose Of A
Witness Anonymity
Order?

Answer

A

To take such measures
as the court deems appropriate
to ensure that the identity of a witness
in criminal proceedings
is not disclosed
in, or in connection with
the proceedings.

Question 44

Q

Who Can Apply For A
Witness Anonymity
Order?

Answer

A

Both:
*Prosecution; and
*Defence.

Question 45

Q

Criteria For Making A
Witness Anonymity
Order
3 steps

Answer

A

Step 1 — Necessity
The order is necessary to either:
* Protect the safety of a witness;
* Protect the safety of a 3rd party;
* Prevent serious damage to property,
* Prevent real harm to the public interest.

step 2 - Fair Trial
Having regard to
all the circumstances
— making the order would be consistent
with the defendant
receiving a fair trial.

Step 3 — Interests of Justice
* It is in the interests of justice that the witness ought
to testify; and
* The witness would not testify without the order
being made; and
* There would be real harm to the public interest if the
witness were to testify without a proposed order
being made.

Question 46

Q

Live Links For
Witnesses Who Are
Not The Accused

General Rule

Answer

A

General Rule
A witness must
give their evidence
in person at court.

Question 47

Q

Exceptions
2 exceptions

Witnesses Who Are Not
The Accused Who Are
Outside The UK
Section 32 Criminal Justice Act 1988

Answer

A

Exception
Any witness who is not the accused who is outside the
UK - can give evidence via live link in:
* Crown Court trials / appeals;
* Youth Court trials / appeals; and
* Extradition proceedings
.provided leave (permission) of the court is granted to
do so.

Who Must Justify Why They Wish To
Depart From The General Rule?
The party calling
the witness.

Question 48

Q

Witnesses Who Are Not
The Accused Who Are
Inside The UK
Section 51 Criminal Justice Act 2003

Answer

A

A witness
(other than the defendant),
may, if the court directs,
give evidence through a live link
from another location
inside the UK.

Question 49

Q

Means Of Obtaining
A Direction?

Answer

A

Either:
*On an application by a party to the
proceedings; or
*The court of it’s own motion.

Question 50

Q

Factors The Court Will
Consider In
Determining Whether
To Make A Direction?
2 factors

Answer

A

Factor 1
It is in the interests of the
efficient or effective
administration of justice
to utilise the live link
- and will consider matters including:

Matter 1
The importance
of the
evidence.

Matter 2
Witness
availability.

Matter 3
The ability
to effectively
test the evidence.

Factor 2
The parties to the proceedings
(and the Youth Offending Team
where relevant)
— have been given the
opportunity
to make representations.

Question 51

Q

Eligible Witnesses
Sections 16 & 17 YJCEA 1999
2 categories

Answer

A

Category 1
Witnesses
under 18
at the time
of the hearing
or video recording

NB - They are automatically eligible
for their evidence to be given via
video and live link
irrespective of the offence.
NB — they can however
testify in court if they wish.

Category 2
Witnesses where the
quality of their testimony
will be diminished
by any of the following..

Characteristic 1
Mental disorder.

Characteristic 2
Significant impairment
of intelligence
and social functioning.

Characteristic 3
Physical
disability or disorder.

Characteristic 4
Fear or distress
in connection
with testifying.

Characteristic 5
Any witness to a
relevant offence.
(murder, manslaughter, wounding,
assault etc.) and
offences involving a firearm or knife.

Characteristic 6
An adult victim
of domestic violence
who is
vulnerable or intimidated.

Characteristic 7
An adult complainant in relation to either:
*A sexual offence;
* Human trafficking offences;
*Slavery offences; and
*Indecent photographs of children offence.

Question 52

Q

The Range Of
Special Measures
YJCEA 1994

Answer

A

Section 23
Screening witnesses
from seeing
the defendant.

Section 24
Evidence given via
live link
accompanied by
a supporter.

Section 25
Evidence given in private — in cases involving:
* Sex offences;
* Trafficking for exploitation; or
* Fear of witness intimidation.

Section 26
Removal of
wigs and gowns.

Section 27
Video recording
evidence in chief.

Section 28
Video recording
cross examination
and
re-examination.

Section 29
Questioning via
an intermediary
for incapacitated or young
witnesses.

Section 30
Communication aids
for incapacitated or young
witnesses.

Section 86 Coroners & Justice
Act 2009
Witness anonymity orders
investigation anonymity orders.

Question 53

Q

Witnesses
Refreshing Their
Memory In The Box
Section 139 Criminal Justice Act 2003

Who Can Refresh
Their Memory?

Answer

A

A person giving
oral evidence
in criminal proceedings
about any matter
(i.e. a witness).

Question 54

Q

When Can They
Refresh Their
Memory?

Answer

A

They may
at any stage
in the course of giving their evidence
— refresh their memory
from either of 2 sources..

Source 1
A document either:
*Made; or
* Verified
by them at an earlier time.

Source 2
A transcript
of a sound recording
of an oral account
that they have given
at an earlier time.

Question 55

Q

Grounds?
2 steps

Answer

A

Step 1
They state in their oral evidence that the
previously made:
*Document; or
* Transcript of the oral account
records their recollection of the matter at that
time..

step 2
.and their recollection of the matter
is likely to have been
significantly better at that time
(i.e. when the document or oral account was
previously made)
than it is at the subsequent time
of giving their oral evidence to the court.

Question 56

Q

Who Will Determine
Whether The Witnesses
Recollection Was
Better At The Time Of
Making The Statement?

Answer

A

This will be a
matter for the judge
to determine.
R v Chinn [2012] EWCACrim 501

Question 57

Q

Will A Witness Who Has
Refreshed Their Memory
Prior To Giving Evidence
Be Prevented From
Further Refreshing Their
Memory Whilst Giving
Evidence?

Question 58

Q

Examination In Chief

Answer

A

Definition?
Examination in chief
involves questions posed
to the witness
by the advocate
who called the witness.

Question 59

Q

Cross-Examination

Answer

A

Definition?
Cross-examination
involves one party
asking questions
of another party’s
witness.

Purpose Of Cross-Examination?
A witness will be cross-examined in order to either:
* Undermine the witness’s evidence
* Support the other party’s case
by posing questions that are relevant to the issues
in the case or the credibility of the witness.

Question 60

Q

Entitlement To Cross-
Examine Witnesses
Article ECHR

Answer

A

Persons charged with a criminal offence are
entitled to both:
* Examine or have examined witnesses against
them; and
*Obtain the attendance and examination of
witnesses on their behalf under the same
conditions as witnesses against them.

Question 61

Q

What Will Be The
Consequence Of The
Defendant Not Having
The Opportunity To
Cross-Examine A Key
Prosecution Witness?

Answer

A

Unfair trial.
R v Shah [2010] EWCA Crim 2326.

Question 62

Q

What Is The Effect
Of A Failure To
Cross-Examine?

Answer

A

A failure to cross-examine
a witness will be deemed to be
an acceptance of the witness’s story
during examination in chief,
which cannot later be challenged in
summing up.
R v Bircham [1972] Crim LR 430

Question 63

Q

Consequences Of A
Defendant Failing To
Respond To Questions
In Cross Examination?

Answer

A

Adverse inferences
can be generated under
section 35 CJPOA 1994.

Question 64

Q

Can A Witness Ever Be
Cross-Examined
Without Having Been
Examined In Chief
Beforehand?

Answer

A

General Rule
All witnesses
must have been
examined in chief
before they may be
cross-examined.

Exception
Where more than one witnesses
evidence in chief are identical
— for the purposes of expediency,
one witness can be examined in chief
to present the common evidence
and then all of the witnesses
will be cross-examined thereafter.

Answer 64

A

General Rule
The defendant is permitted to
conduct their own defence
and examine witnesses in person
-without the assistance
of an advocate.

Exceptions
The defendant
will not be permitted
to cross-examine
prosecution witnesses
in person
under sections 34 - 36 YJCEA 1999.

If any of these provisions apply either:
* The defendant must appoint an advocate to
conduct the cross-examination on their
behalf; or
* If the defendant refuses to do so — the court
must appoint an advocate to conduct the
cross-examination on their behalf.

Answer 65

A

A person charged with either
* A sexual offence under Part 1 Sexual Offences Act 2003;
* Kidnapping;
* False imprisonment;
* Child abduction;
* An offence under section 1 Children & Young Persons Act
1933:
* Any offence involving either assault, injury, or threat of injury
to any person; or
* An offence under sections I & 2 Of the Modern Slavery Act
2015…

.cannot cross-examine in person - either:
* The complainant;
*A child complainant to the offence; or
*A child witness to the offence.

either:
* In connection with that offence; or
* In connection with any other offence (of
whatever nature) with which that person is
charged in proceedings.

Answer 66

A

If neither sections 34 or 35 YJCEA 1999 apply
then either:
* Upon an application of the prosecution; or
* The court of own motion
.the court shall make a direction - prohibiting
the defendant from cross-examining a witness -
if it appears to the court that both:

Factor 1
The quality of the evidence given by the witness on
cross-examination (or further cross-examination) would
be likely to be either:
* Diminished if the defendant conducted the cross
examination in person; or
* Improved if the defendant were prohibited by a
direction from conducting the cross examination in
person; and…

Factor 2
…that it would not be contrary
to the interests of justice
to prohibit
the defendant to do so.

Answer 67

A

What Is Sexual Behaviour?
Acts or events
of a sexual character.
It can include sexual relationships
with other persons
as well as sexual practices
— e.g. viewing pornography.

If a person is charged with a sexual offence -
then both:
* No evidence may be adduced; and
*No questions can be asked in cross
examination…

.either:
* By the defendant; or
*On behalf of the defendant
about any sexual behaviour of the
complainant — unless the court grants leave
(permission) to do so.

Answer 68

A

Right 1
To be able to:
*Understand; and
*Be understood.

Right 2
To have the
details of a crime
recorded
without delay.

Right 3
To be
provided with information
when
reporting a crime.

Right 4
To be referred
by services that support victims
and
to have services and support tailored
to the victim’s needs.

Right 5
To be
provided
with information
about compensation.

Right 6
To be provided
with information
about
the investigation
and
prosecution.

Right 7
To make
a
victim
personal statement.

Who Can Make A Victim Personal
Statement?
Either:
*The victim; or
*A bereaved close relative of the victim.

Purpose Of A Victim Personal
Statement?
The statement
tells the court
how the crime has affected them.
The statement is
considered when sentencing the offender.

Who Is Obliged To Inform Victims
Of Their Right To Make A Victim
Personal Statement?
The police.

Does The Victim Have To Make A
Victim Personal Statement?
No
— it is the victim’s choice
whether to make a
Victim Personal Statement.

At Which Juncture May A Victim
Provide A Victim Personal
Statement?
The victim may either:
* Make; or
* Update
…a Victim Personal Statement at any time prior to the case
being disposed.

Impact Statement For Business
A business that has been
a victim of crime can make an
Impact Statement For Business
— explaining how the crime affected the organization.
e.g. damage to reputation, disruptive effect or financial
loss incurred.

Right 8
To be given information about:
*The trial,
*Trial process; and
*The victim’s role as a witness.

Enhanced rights are available for:
* Vulnerable victims;
* Intimidated victims;
* Persistently targeted victims; and
* Victims of the most serious crimes.

Right 9
To be
given information
about
the outcome of the case
and
any appeals.

Right 10
To be
paid expenses
and
have property returned.

Right 11
To be
given information
about the offender
following a conviction.

Right 12
To make a complaint
about the
victim’s rights
having
not been met.

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Court Procedure and Witnesses Flashcards

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