Page 1689 - Week 06 - Thursday, 23 July 2020
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Victims must be treated respectfully throughout the justice process, with consideration of their individual needs. For example, the views of child victims must be directly obtained and considered wherever possible and appropriate. Victims must also be provided with access to any aids and adjustments that are required to support their participation in the justice process, such as an interpreter.
The charter also outlines that the privacy of victim information, and any property held in the course of a prosecution or investigation, must be respected. Giving victims information about the justice process and their case in a timely manner ensures that victims can make informed decisions about their safety and how they want to engage with the justice process, and improves their access to recovery by understanding the financial and support services that are available.
When a victim first comes into contact with police, they will be told about the justice processes resulting from reporting an offence, receive written confirmation of having reported a crime, and be referred to relevant support services. When a crime is being investigated, victims must be kept regularly updated, unless this would jeopardise the police investigation.
During prosecution of an offence, victims will be given information about their role as a witness, including victim impact statements; the review process that is available if a decision is made not to prosecute; hearing dates; and the outcomes of trials and appeals. Victims’ views must also be sought on key decisions around dealing with charges, recognising that, at times, the DPP may choose not to consult with victims due to the risk of prejudicing the prosecution of an offence.
After sentencing, victims will be given information about reparation orders, the availability of victims registers, which provide information about an offender’s sentence, and options about how to minimise exposure to the offender—for example, via a personal protection order or requesting that they not be contacted while an offender is detained.
When parole inquiries are being held, registered victims will be provided with information about how they can provide a submission; the outcomes of any parole decisions; and information about an offender’s sentence, including intensive corrections orders, where this relates to their safety.
If an offender is subject to a mental health justice pathway, a victim will be given information and updates about mental health orders where appropriate, how to provide submissions to ACAT hearings, and how they can register to receive further updates and support.
A number of charter rights highlight the importance of victim safety. In line with existing legislation, victims’ views will be sought on safety concerns when bail is being considered, and victims will be updated on bail decisions. Prior to sentencing, victims’ views in relation to safety must be considered when pre-sentence reports and intensive corrections orders are being prepared.
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