DP 4 - right of victims

Question 1

What are some of the rights of victims?

Answer 1

• Give evidence using alternate arrangements
• Informed about proceedings
• Informed of likely release date of accused

Question 2

What is the right to give evidence using alternate arrangements?

Answer 2

Gives judges the power to make alternate arrangements for victims giving evidence for certain crimes, who are ‘at risk’ or vulnerable.

Question 3

Which offences will permit the right to give evidence using alternate arrangements?

Answer 3

Sexual offences (or exposure), family violence, obscene or threatening public behaviour.

Question 4

When else is the right to give evidence using alternate arrangements granted, and who is it granted to?

Answer 4

Victims who are minors, have cognitive impairments, or victims of violent or heinous crimes.

Question 5

What are examples of alternate arrangements?

Answer 5

• Giving evidence via closed circuit tv in other room
• Screens so witness is not in direct line of vision of accused
• can bring a support person.

Question 6

How does a judge decide if a victim is granted the right to give evidence using alternate arrangements?

Answer 6

If the victim is vulnerable
- must weigh up need to hear evidence, accused’s rights to argue and present case, and fairness.

Question 7

What is the right to be informed about proceedings?

Answer 7

Persons adversely affected by crimes are entitled to receive information at regular intervals about the progress of an investigation and proceedings in a criminal case.

Question 8

Where is the right to give evidence using alternate arrangements contained?

Answer 8

The criminal procedure act (Vic)

Question 9

Where is the right to be informed about proceedings contained?

Answer 9

Victims charter (Vic)

Question 10

What information must be provided under the right to be informed about proceedings?

Answer 10

• applications for bail, including outcomes
• offences accused is charged with, and reasons why some where NOT charged
• Hearing dates and times
• Outcome of proceedings and sentences imposed.

Question 11

What is the right to be informed of the likely release date of the accused?

Answer 11

If a person is a victim of a criminal act of violence, and is on victims register, must receive information about the likely release date of the offender from prison.

Question 12

Where is the right to be informed of the likely release date of the accused contained?

Answer 12

Victims charter (Vic)

Question 13

When does the right to be informed of the likely release date of the accused apply?

Answer 13

• victim of violent crimes
• on victims register
• offender sentenced to term of imprisonment
  the victim is entitled to be notified if the offender has escaped from prison.