Page 826 - Week 03 - Wednesday, 13 March 1991
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(6) be advised of justification for entering a nolle prosequi (i.e. to withdraw charges) when the decision is taken not to proceed with charges. (Decisions which might prove discomforting to victims should be explained with sensitivity and tact);
(7) have property held by the Crown for purposes of investigation or evidence returned as promptly as possible. Inconveniences to victims should be minimised wherever possible;
(8) be informed about the trial process and of the rights and responsibilities of witnesses;
(9) be protected from unnecessary contact with the accused and defence witnesses during the course of the trial;
(10) not have his or her residential address disclosed unless deemed material to the defence or prosecution;
(11) not be required to appear at preliminary hearings or committal proceedings unless deemed material to the defence or prosecution;
(12) have his or her need or perceived need for physical protection put before a bail authority which is determining an application for bail by the accused person, by the prosecutor;
(13) be advised of the outcome of all bail applications and be informed of any conditions of bail which are designed to protect the victim from the accused;
(14) have the full effects of the crime upon him or her made known to the sentencing court either by the prosecutor or by information contained in a pre-sentence report; including any financial, social, psychological and physical harm done to or suffered by the victim. Any other information that may aid the court in sentencing including the restitution and compensation needs of the victim should also be put before the court by the prosecutor;
(15) be advised of the outcome of criminal proceedings and be fully apprised of the sentence, when imposed, and its implications;
(16) be advised of the outcome of parole proceedings;
(17) be notified of an offender's impending release from custody.
It is somewhat ironic that I am in the position of moving this motion. The proposal that this Assembly endorse the United Nations Declaration of Victims' Rights has been around for quite some time. It was in May 1990 that Valerie Forsyth, the secretary of the Victims of Crime Assistance League in the ACT, wrote to all members of this Assembly requesting that they support VOCAL in seeking to achieve a
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