Rights of an accused and victims Flashcards
What are the rights to victims
The right to give evidence using alternative arrangements
The right to be informed about legal proceedings
The right to be informed of the likely release date of the offender
What are the rights of an accused
The right to silence
The right to be tried without unreasonable delay
The right to trial by jury
The right to give evidence using alternative arrangements
Victims of a case have the right to provide witness evidence through alternative ways aside from being in court in front of their offender.
Victims who qualify for this right are:
- Sexual offence victims
- Family violence offence victims
- Victims of obscene, indecent or threatening language/behaviour in public
- Victims of sexual exposure in public
The right to be informed about legal proceedings
The victims charter recognises that people significantly affected by a crime are entitled to certain information about the proceeding and the criminal justice system.
- Information about support services
- Possible compensation entitlements
- Legal assistance
The right to be informed of the likely release of an offender
Any individual who is a victim in a criminal act can apply to be on the victim’s register.
This allows them to be entitled to receive certain information about an offender who has been imprisoned, including being notified of a prisoner on parole at least 14 days before release
The right to be tried without unreasonable delay
Any accused person is entitled to have their charges heard within a timely manner. Delays are expected to occur only if reasonable.
The right to silence
Any accused person has the right to refuse to answer any questions and does not have to give any information as part of the investigation in their crime.
The right to trial by jury
Any accused person has the right to a trial by jury where 12 members of society are selected and will decide the outcome of their case
