Rights of Victims in the Victorian Criminal Justice System

Overview

Victims of crime have specific rights within the Victorian criminal justice system, aimed at minimizing trauma, ensuring they are informed, and providing a voice. These rights are primarily outlined in the Victims’ Charter Act 2006 (Vic) and the Criminal Procedure Act 2009 (Vic).

1. The Right to Give Evidence Using Alternative Arrangements

Purpose

The purpose of alternative arrangements is to reduce trauma, distress, and intimidation that a witness (victim) may feel when giving evidence. This is particularly important in cases involving sexual offences and family violence.

Provisions

The Criminal Procedure Act 2009 (Vic) outlines provisions for certain witnesses to give evidence via alternative arrangements. These provisions apply to criminal proceedings that relate, wholly or partly, to a sexual offence or family violence offence.

Types of Alternative Arrangements

• Giving evidence remotely via video link: Allows the witness to give evidence from a separate location, avoiding direct confrontation with the accused.
• Having support persons present: The witness can have a trusted individual present while giving evidence.
• Giving evidence in a closed court: Restricting access to the courtroom to only essential personnel.
• Shielding the witness: Using screens or other methods to prevent the accused from directly seeing the witness.
• Pre-recording of evidence: In some cases, evidence can be pre-recorded and played during the trial.
• Removal of wigs and gowns: Legal professionals may remove wigs and gowns to create a less intimidating environment.

Eligibility

Certain categories of witnesses are eligible for alternative arrangements, including:

• Child witnesses
• Victims of sexual offences
• Victims of family violence
• Witnesses with cognitive impairments

Impact

• Reduces Trauma: Helps minimize the emotional distress experienced by victims when recounting traumatic events.
• Encourages Testimony: Makes it easier for victims to come forward and provide evidence, improving the chances of a successful prosecution.
• Enhances Fairness: Ensures that victims are able to give their best evidence without being unduly influenced by fear or intimidation.

KEY TAKEAWAY: Alternative arrangements aim to protect vulnerable witnesses by reducing the stress and trauma associated with giving evidence in court.

2. The Right to Be Informed About the Proceedings

Purpose

The Victims’ Charter Act 2006 (Vic) recognizes that victims of crime should receive specific information about the criminal proceedings and the criminal justice system.

Obligations

Investigatory agencies, prosecuting agencies, and victims’ services agencies (e.g., police, DPP, Victims of Crime Commissioner) must provide clear, timely, and consistent information.

Types of Information Provided

• Support Services: Information about available support services, such as counseling, financial assistance, and legal aid.
• Compensation Entitlements: Details about possible compensation entitlements, including Victims of Crime Assistance Tribunal (VOCAT).
• Legal Assistance: Information about legal assistance options.
• Progress of the Investigation: Updates on the progress of the investigation and any charges laid.
• Court Dates and Times: Notification of court dates and times, as well as any changes to the schedule.
• Outcome of the Case: Information about the outcome of the case, including the verdict and any sentence imposed.
• Appeal Information: Information about any appeals lodged by the accused.

Impact

• Empowerment: Allows victims to stay informed and involved in the justice process.
• Reduces Anxiety: Provides clarity and reduces uncertainty about the progress of the case.
• Facilitates Access to Support: Ensures victims are aware of the support services available to them.

EXAM TIP: When discussing the right to be informed, provide specific examples of the types of information victims are entitled to receive.

3. The Right to Be Informed of the Likely Release Date of the Offender

Purpose

This right aims to provide victims with information about when the offender is likely to be released from prison, allowing them to prepare and take necessary safety precautions.

Provisions

The Victims’ Charter Act 2006 (Vic) requires that victims who have registered with the Victims Register be informed of the offender’s likely release date.

Process

• Registration: Victims must register with the Victims Register to receive this information.
• Notification: The Department of Justice and Community Safety is responsible for notifying registered victims of the offender’s likely release date.
• Conditions: Victims may also be informed of any conditions attached to the offender’s release, such as parole conditions or exclusion zones.

Limitations

• Accuracy: The release date is subject to change based on factors such as good behavior or further offenses committed in prison.
• Emotional Impact: Receiving notification of the release date can be distressing for victims.

Impact

• Safety Planning: Allows victims to take steps to protect themselves and their families.
• Reduces Uncertainty: Provides some level of predictability and control over the situation.
• Promotes Healing: Can help victims feel more secure and empowered.

COMMON MISTAKE: Do not confuse the likely release date with a guaranteed release date. The information provided is an estimate and can change.

Table summarizing Rights of Victims

STUDY HINT: Create flashcards with each right on one side and the purpose, legislation, and key details on the other.

Overall Impact of Victims’ Rights

• Enhanced Fairness: Victims’ rights contribute to a fairer criminal justice system by recognizing and addressing the needs of those who have been harmed by crime.
• Increased Participation: By providing information and support, victims’ rights encourage greater participation in the justice process.
• Improved Outcomes: When victims are supported and empowered, the criminal justice system is better able to achieve just and equitable outcomes.
• Addresses Imbalance: Helps to balance the traditional focus on the rights of the accused.

VCAA FOCUS: Be prepared to discuss how these rights contribute to the principles of justice: fairness, equality, and access. Also, consider how these rights can sometimes conflict with the rights of the accused.