Rights of Victims Flashcards
Rights of victims + brief summaries
The right to be informed of the likely release date of the accused (can apply for the Victims Register)
The right to give evidence as a vulnerable witness ( ppl. >18, sexual/family violence or considered vulnerable can give testimonies through protected witness, alternative arrangements, improper questions and special protections)
The right to be informed about proceedings (they can get information like legal aid, compensation and support services available)
The right to be informed of the likely release date of the accused POJs
Fairness - No anxiety
Equality - Applied equally
Access - Knowledge around parole lets the victim use the legal system when making a submission
The right to give evidence as a vulnerable witness POJs
Fairness - prevents secondary victimisation
Equality - All victims of criminal acts of violence can apply for the Victims Register
Access - Information is in multiple languages
The right to be informed about proceedings POJs
Fairness - Uncertainty could add to the suffering of victims
Equality - all victims get this information
Access - Victims can understand (and use) the legal system
Victim examples/criteria
A person who suffered directly, a family member of a person who died from an offence, a child under 16 who has been groomed and their family or a family member under 18 or disabled which causes injury due to the absence of the person in their life
Protected witness
Vulnerable witnesses cannot be cross-examined by the accused if they are a protected witness
Alternative arrangements + 2 examples
Non-conventional arrangements being made where witnesses need protection (e.g screens, support person)
Improper questions
No questions that are confusing, intimidating, offensive or harassing can be asked in cross-examining
Special Protections 2 examples (<18/disability)
CCTV, accused not in same room as victim
