HS L5 - Rights of the Victim

Question 1

What legislation covers the rights of the victim?

Answer 1

• Victim’s Charter Act 2006 (Vic)

Question 2

The right to give evidence using alternate arrangements (RAA) - definition

Answer 2

• A victim is also a witness, and may be required to testify in court, in which case alternate arrangements can be made to lessen trauma

Question 3

What other legislation applies to RAA?

Answer 3

• Criminal Procedure Act 2009 (Vic)

Question 4

What offences can this be applied for?

Answer 4

• Sexual offences
• Family violence offences
• Obscene, indecent language or threatening behaviour offences
• Sexual exposure offences

Question 5

Purpose of RAA

Answer 5

• Secondary victimisation

Question 6

Examples of alternate arrangements

Answer 6

• Giving evidence from outside court (digitally)
• Support person

Question 7

The right to be informed about proceedings (RIP) - definition

Answer 7

• Victims can be provided with information about case, subject to certain limitations

Question 8

Purposes of RIP

Answer 8

• Want to see justice carried out and see the accused held accountable
• Eliminates uncertainty and secondary victimisation

Question 9

What can victims can be informed about?

Answer 9

• Offences the accused has been charged with
• Key developments in the case:
  
  • Bail grants
  • Date and time of trial
  • Appeals
• Outcome of trial/appeal

Question 10

Right to be informed about the release date of the accused (RRDA) - definition

Answer 10

• Right provided to victims of violent crimes so they can be informed about the likely release date of the offender

Question 11

What offences does RRDA apply to?

Answer 11

• Rape/other sexual offences
• Aggravated burglary
• Kidnapping
• Stalking
• Child stealing
• Family of murder victims

Question 12

Purposes of RRDA

Answer 12

• Provides comfort/safety
• Allows for precautions to be taken
• Submissions can be made to the Parole Board

Question 13

RAA strengths

Answer 13

• Reduces victim trauma
• Prevents unreliable evidence
• Can still participate

Question 14

RAA weaknesses

Answer 14

• Not everyone can participate due to eligibility criteria
• Witnesses can still want to avoid giving evidence

Question 15

RIP strengths

Answer 15

• Minimises further suffering
• Equality as all victims have this right

Question 16

RIP weaknesses

Answer 16

• Can’t be given information that risks the investigation
• The complexity of the criminal justice system makes it hard for low-experience victims to take advantage of this right

Question 17

RRDA strengths

Answer 17

• No uncertainty
• Precautions can be taken

Question 18

RRDA weaknesses

Answer 18

• Only victims of violent offences can apply to be on the Victim’s Register
• No civil action can be taken against the system