Rights of victims - the right to give evidence using alternative arrangements

Question 1

How are victims recognised in Victoria?

Answer 1

Victims are recognised by several statues in Victoria, including the Victim’s Charter Act 2006 (Vic), known as the Victim’s Charter. There are three main rights given to victims.

Question 2

What are the three rights of victims?

Answer 2

• the right to evidence using alternative arrangements
• the right to silence
• the right to trial by jury

Question 3

What are the type of cases in which alternative arrangements can be made? (4)

Answer 3

• a sexual offence
• a family violence offence
• an offence for obscene, indecent, threatening language or behaviour in public
• an offence for sexual exposure in a public place

Question 4

When can alternative arrangements be made time-wise?

Answer 4

The arrangements can be made at any stage of the criminal proceeding, including any appeal or rehearing.

Question 5

What are the types of alternative arrangements? (5)

Answer 5

• witness may give evidence from a place other than the courtroom and use technology such as being on a zoom call.
• screens may be used to remove the accused from the direct line of vision of the witness.
• a support person or animal may be chosen by a witness to be beside them when they are giving evidence for emotional support.
• only certain persons (specified by the court) may be allowed in court when the witness is giving evidence e.g. for sexual offences courts will be closed off from the general public.
• legal practitioners may be required not to be formally dressed in robes and required to be seated while asking the witness questions e.g. child may find it intimidating.

Question 6

What is the purpose of alternative arrangements?

Answer 6

The purpose of alternative arrangements is to try and reduce the trauma, distress and intimidation that a witness may feel when giving evidence.