the rights of victims Flashcards
define victim
- a person who has suffered directly or indirectly as a result of a crime
- not a party in a criminal case, but they are recognised and treated with respect and dignity and as participants during a criminal case
define victimes charter
the victims charter act 2006 (VIC), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims
objectives and key principles of the victims charter
sets out principles for they way criminal justice agencies must act when dealing with crimes
- recognise the impact of crime on victims
- recognise that victims should be offered certain information during the investigation and prosecution process
- help reduce the likelihood of secondary victimisation that may be experienced by the victim as a result of their interaction with the criminal justice system
depending on the crime, a victim can include;
- a person who has suffered injury as a direct result of the crime (called a primary victim)
- a family member of a person who has died as a direct result of the crime
- a family member of a person who is under 18 or is incapable of managing their own affairs due to mental impairment, and that person has suffered injury as a direct result of the crime
- a child under 16 who has been groomed for sexual conduct, including that childs family
the rights of a victim
- the right to give evidence using alternative arrangements
- the right to be informed about the proceeding
- the right to be informed of the likely release date of the offender
the right to give evidence using alternative arrangements - source
- criminal procedure act 2009 (vic)
the right to give evidence using alternative arrangements
- measures that can be put in place for witnesses in certain criminal cases (e.g. sexual or family violence offences) to give evidence in a different way
- criminal procedures act 2009 aims to protect cetain witnesses and allows for alternative arrangements to be used
- different ways in which a witness can give evidence to minimise re-traumatisation and ensure witnesses can present their best evidence
cases in which alternative arrangements can be made
court can direct alternative arrangements in a proceeding that relates to a charge for:
- a sexual offence
- a family violence offence
- an offence for obscene, indecent, threatning language or behaviour in public
- an offence for sexual exposure in public
types of alternative arrangements
- giving evidence outside the court room using CCTV to enable communication to the court room
- using a screen to remove the accused from the direct line of vision of the witness
- allowing a person to be beside the witness while they give evidence to provide emotional support (court needs to approve of the support person chosen)
- closing the court to everyone except specified people while the witness is giving evidence
- legal practitioners may be required to not be formally dressed in robes and to be seated while asking the witness questions
purposes of alternative arrangements
- to try and reduce the trauma, distress and intimidation that a witness may feel when giving evidence
- typically occurs in cases involving sexual offences and family violence, where the trauma and injuries suffered mat be significant
- therefore, witnesses are at a greater risk of suffering secondary trauma due to giving evidence about what happened
the right to be informed about the proceedings - source
victims charter
the right to be informed about the proceedings
- victims are entitled to be informed at reasonable intervals about the progress of an investigation into a criminal case
- unless the victim does not want to be informed or if it jeopardies the investigation
the right to be informed about the proceedings - victims charter
- recognises that people adversely affected by crime should get certain information about the investigation
- section 8-11 details victims rights to be informed about the progress of a criminal investigation
- includes info. about the process of a prosecution(i.e. charges, outcomes, sentences+major changes to charges or decisions, such as decisions not to proceed)
- requires investigatory, prosecuting and victims services agencies to provide clear and timely info. about legal services available to them’
- requires an investigatory agency to inform a victim about the progress of an investigation
- informed about bail decisions and, if granted, any conditions imposed to protect the victim and family
the prosecution is required to give the victim information about
once a prosecution has commenced, victims should be informed about:
- the charges laid (if none- the reason why)
- hearing dates and times and location
- outcome of the case (verdict)
- sentences imposed
- details of any appeals lodged
- court processes and their right to attend
*must also be told that they are entitled to attend any court hearings
the right to be informed of the likely release date of the offender - source
the victims charter + the corrections act
the right to be informed of the likely release date of the offender
- a person who is a victim of a criminal act of violence may apply to be included on the victims register
- if they are a victim of an act of violence and is on the victims register, they may receive information about the likely release date of the offender
criminal acts of violence
- aggravated burglary and armed robbery
- kidnapping
- stalking
- child stealing
- offences involving assault or injury punishable by prison
- culpable driving causing death
- dangerous driving causing death or serious injury
- failing to stop after a car accident causing death or serious injury
- breach of family violence intervention order
- threats to kill’- manslaughter or murder
- rape and other sexual offences
define victims register
a service that can give victims information about the offender who was sent to prison for a violent crime
victims register eligibility
victims can get information about the offender if:
- the offender hurt them or a family member
- a family member has died because of the crime
- they have been a victim of family violence
- they have a connection to the crime
victims register - not eligible
victims cant be put on the VR if they dont meet the eligibility criteria, or:
- the prisoner is detained in a youth justice centre
- the offender has not been sentenced
- the prisoners sentence, supervision or detention order has finished
- the offender was found not guilty because of mental impairment
once a victim is on the VR, they can find out
- the length of the offenders sentence
- the offenders earliest possible release date
- the length of the offenders sentence changes
- if the offender applies for parole
- if the offender is released on parole (at least 14 days before release)
- conditions of the parole that could improve victims safety
- if the offenders parole is cancelled
- if the offender is transferred to another state of australia
- if the offender escapes from prison
- if the offender dies during their sentence
other rights available to victims on the VR
- right to know the length of the sentence
- right to be told if the offender escapes from prison
- right to make a submission if the imprisoned offender may be released on parole
define legal aid
legal advice, education or information about the law and the provisions of legal services (including legal assistance and representation)
strengths
- various pre-trial procedures allow the parties to reach an out-of-court settlement (fairness)
- in undertaking various pre-trial procedures, ensures more efficient and timely resolution (fairness+access)
- ensures procedural fairness
- court processes allow interaction between the court and the parties (fairness+access)
- court makes the binding decision, so the outcome is certain and enforceable (fairness+equality)
weaknesses
- cases taken to court often suffer delays (fairness+equality)
- the costs in having a dispute resolved in court may restrict access to the courts
- procedures are complex and difficult to understand without a lawyer (F+E+A)
- court formalities can be stressful (equality+access)
- courts do not allow for compromise or a win-win situation (fairness+equality)
