Rights of the accused and victim

Question 1

What are the rights of the victim

Answer 1

1. The right to be informed
2. The right to give evidence as a vulnerable witness
3. The right to know the likely release date of the accused

Question 2

Define a victim

Answer 2

A person who has suffered harm or loss at the hands of, or indirectly because of conduct of the perpetrator

Question 3

What makes someone a vulnerable witness (3 examples)

Answer 3

1. Under the age of 18
2. Cognitively impaired
3. A witness who has reasonable grounds to fear violence or retribution as a result of the proceedings

Question 4

What information are the victims entitled to know about (3 examples)

Answer 4

1. Outcome of bail proceedings
2. Details of charges laid and the outcome of the trial
3. Details of appeals and the outcome from the proceeding

Question 5

What are the rights of the accused

Answer 5

1. The right to a trial by jury
2. The right to a fair hearing
3. The right to be trialled without unreasonable delay

Question 6

How does providing a trial without unreasonable delay uphold the P.O.J (2 are involved)

Answer 6

Providing a trial that prevents the accused being in custody where they may be experiencing stress or anxiety promotes fairness, while also ensuring access for other cases as there is less of a backlog

Question 7

What might prevent a fair trial from being conducted

2 examples

Answer 7

1. Non-Disclosure of certain evidence in court

2. Witnesses being intimidated

Question 8

What are the elements of a fair trial (3 examples)

Answer 8

1. The right to interpretation
2. The right to counsel
3. The right to be heard by a competent, impartial tribunal

Question 9

How does the composition of the jury uphold the POJ (1 involved and one is a societal principle)

Answer 9

1. Representativeness (The jury accurately represents all different demographics of the community)
2. Fairness (As a result of the random selection process and also the judge’s ability to excuse a person who has connection to the case)