Lecture 7 Wellbeing of Victims and Witnesses

Question 1

What is the Black Law Dictionary definition of Victim?

Answer 1

‘a person harmed by a crime, tort or other wrong’

Question 2

What is the Black Law Dictionary definition of Witness?

Answer 2

‘one who sees, knows or vouches for something. One who gives testimony under oath or affirmation, in person, by oral or written deposition or by affidavit’

Question 3

What is the definition of the victim under Victims Code?

Answer 3

‘a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence’

‘a close relative of a person whose death was directly caused by a criminal offence’

Question 4

What is an Initial Account?

Answer 4

‘… provides the foundation for any subsequent investigation and criminal justice process. This includes support given to the victim or witness’

Question 5

What should an Initial Account achieve?

Answer 5

• Establishing whether an offence has been committed
• Identifying offenders
• Secure and preserve evidence
• Prioritise areas of the investigation
• Aid protection of life and property
• Assessing risks to the victims, witnesses and any other people

Question 6

How can victims and witnesses be protected by law?

Answer 6

• Witness protection
• Stalking Protection Order
• Non- molestation order
• Occupation order
• Restraining order
• Domestic Violence Protection Notices (DVPN)
• Domestic Violence Protection Notice (DVPO)
• Emergence Protection Order

Question 7

What are impacts of crime on victims and witnesses?

Answer 7

• Physical harms
• Psychological, mental or emotional harm
• Economic loss
• social harms

Question 8

What are some pressure points during the Victims Journey?

Answer 8

• Decision to report crime / give statement
• Give witness / victim statement
• Updates on investigation
  (arrests / no progress / case closure / suspects released on bail)
• Attending trial / giving evidence
  -Period to trial date & trial preparation
  -Hearing other evidence / coronial proceedings
  -Outcome of court (guilty/not guilty)
  -Sentencing
  (whether victims / witnesses that sentences are appropriate)
  -Appeals
  (or retrials / transgression to higher courts)