Rights Of Victims Flashcards
Who is a vulnerable witness?
-A child under 18
-A person with a mental impairment
-A victim of a sexual assault case
-A victim of a family violence cases
Special arrangements may be put in place, in order to snsure the qual
Alternative arrangements for a vulnerable witness?
- giving evidence via closed circuit television from an off-site location
- screens being put in place to shield the witness from the accused
- a support person being near the witness while the witness is giving testimony
- court room being cleared or partly cleared while witness is testifying (in camera)
- barristers being required to remain seated while questioning the witness.
A protected witness status protects vulnerable witnesses from improper questioning, and being questioned at all unless represented.
The right to be informed about proceedings
The Victims Charter Act 2006, requires an investigating agency to inform a victim ‘at reasonable intervals’ about the progress of an investigation into a criminal offence unless the victim requests not to be given information or if disclosure may harm the instigation:
A victim is to be provided with the following information from the prosecution:
Victim impact statement
A state,net given by the victim before the sentencing
The right to know the likely release date of the criminal
If a victim is on the register they can know this information. You must apply to the department of justice.