The Rights of A Victim Flashcards
The right to give evidence as a vulnerable witness
THE RIGHT TO GIVE EVIDENCE AS A VULNERABLE WITNESS is protected by The criminal procedures act 2009 (Vic) ensures that vulnerable individuals are protected when giving evidence, through the implementation of special provisions and protections in order to enable them to give evidence in court.
The protections are:
Alternative arrangements - evidence via CCTV, screens to block vision and having support people in case of sexual offences
Protected witness declaration- only to be cross-examined by the defence attorney and not the accused
Special arrangements- Examined in court via audio/video recording to be played, with only authorised people in the court room
Improper questions - the evidence act gives the court the power to disallow improper questions that are humiliating, confusing or embarrassing
The right to be informed about proceedings
The RIGHT TO BE INFORMED ABOUT PROCEEDINGS is recognised through the victims charter (2006) VIC as it recognizes that persons adversely affected by crime are entitled to certain information about the proceeding and about the criminal justice system.
The victims charter requires investigatory agencies, prosecuting agencies and victims services agencies to provide clear, timely and consistent information about support services, possible compensation entitlements, legal assistance, and the status of the investigation
This is done as the victim will often want to know what offences the acuused has been charged with, the verdict, and the sanction imposed as they want to see justice done
The right to be informed about the likely release date of the accused
THE RIGHT TO BE INFORMED ABOUT THE LIKELY RELEASE DATE OF THE ACCUSED Under Section 17 of the VICTIMS CHARTER Act a person who is a victim of a criminal act of violence may apply to be included on the victims register. ( a maintained database by the state of Victoria set up to provide victims and victims family members relevant information about the accused/ prisoner )
From the victims register, information including the likely release/parole, sentence length, escapee nah he provided (must be within 14 days)
