DP 4: the rights of victims, including the right to give evidence using alternative arrangements, the

right to be informed about the proceedings, and the right to be informed of the likely release date

of the offender
When the study design is
structured in this way, it means
you can be asked about the
‘rights of victims’ in a broad
way OR you could be asked a
question specifically on one of
the three rights of victims and
Key Skills perhaps how it might be linked
to the POJ
- Define and use key legal terminology
- Discuss, interpret and analyse legal principles and information
- Explain the rights of an accused and of victims in the criminal justice system

No pro’s
and con’s

Essential Question?

What rights does a victim have during criminal proceedings?

The important this is to not just ‘list’ the rights of victims as seen in the DP (right to give evidence
using alternative arrangements etc), you need to be able to explain them and show that you
understand them in a paragraph using real or hypothetical case scenarios.

WHAT ARE THE RIGHTS OF A VICTIM?

1. TO GIVE EVIDENCE USING ALTERNATIVE ARRANGEMENTS

Victims are often the most valuable witnesses in criminal proceedings, therefore they must feel
comfortable when giving evidence. They may also be questioned by the accused (when/if they are
representing themselves)

2. TO BE INFORMED ABOUT THE PROCEEDINGS

It is legally mandated the police and the prosecution must update the victim of a crime regularly. This
ensures victims have access to closure

3. TO BE INFORMED OF THE LIKELY RELEASE DATE OF THE OFFENDER

By being placed on the Victims Register, a victim is able to be alerted when the offender is to be released.
This allows them to make adquate preparations to ensure they can avoid traumatic situations
 Each of these rights are enshrined in the Victorian Victims’ Charter, which is modelled on the Victims’
Charter in the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power. There are many more rights to an accused person in the Victorian Victims’ Charter of Human Rights
and Responsibilities (VVCHRR) but the study design only dictates that we need to know these three.

https://www.victimsofcrimecommissioner.vic.gov.au/agencies/obligations-under-the-victims-charter -
How the Victorian Victims’ Charter is used in Victoria

https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-basic-principles-justice-
victims-crime-and-abuse - Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

1. TO GIVE EVIDENCE USING ALTERNATIVE ARRANGEMENTS

https://classic.austlii.edu.au/au/legis/vic/consol_act/cpa2009188/s360.html

 Available to witnesses in criminal matters relating to a sexual offence, family violence or

obscene behaviour
 Arrangements can include:
o Giving evidence via CCTV from another location
o Having a screen around you so you do not have to see the accused
o Having a support person in court
o Closing the court to the public
o Having legal practitioners de-robe
 Automatic for a complainant (victim) in a sexual offence or family violence matter, unless
they make an application not to have it
 Further provisions apply to victims under 18 or with a cognitive impairment, such as giving
evidence pre-recorded.
 The layout of a courtroom (shown above) allows the jury to not only look across to the dock where the
accused sits, but also is deliberately placed next to the witness box to observe their body language as well
as their verbal answers. This is so they can determine whether the witness is reliable. Therefore, being
able to provide evidence using alternative arrangements (such as CCTV) is a very big deal for the Victorian
criminal justice system. It only applies in certain circumstances (family and sexual violence).

2. TO BE INFORMED ABOUT THE PROCEEDINGS

 A victim must be informed at ‘reasonable intervals’ if disclosure does not jeopardise an
investigation open to
interpretation
 If a charge is ultimately filed, the victim must be informed of any decisions made to
modify or drop charges, how to find the date of court hearings, and the ultimate
outcome
 If a charge is not filed, the victim must receive and explanation as to why
 These obligations rest with the Office of Public Prosecutions (or police prosecutor)

3. TO BE INFORMED OF THE LIKELY RELEASE DATE OF THE ACCUSED (CAN BE OFFENDER

BECAUSE THEY HAVE BEEN FOUND GUILTY)
 Victims must apply to go on the Victims’ Register
o https://files.victimsofcrime.vic.gov.au/2022-03/Victims%20Registration
%20Form_V18_flat.pdf

 This allows them to receive information about a range of things. Including:

o Length of the sentence
o If they apply for parole
o Parole conditions if granted
o If the offender dies in prison
o If they escape from prison
 A victim may also make a submission to the Adult Parole Board about the effect that the
release of an offender would have on them
 Only available for victims of violent crime

Key Skill: Explain the right of an accused and of victims in the criminal justice system

Practice Question:

Explain the rights of a victim in the Victorian criminal justice system. In your answer, include:

- The right to give evidence as a vulnerable witness

- The right to be informed
about the proceedings
- The right to be informed of
the likely release date of the
accused

(3 marks)
 This diagram is what teachers call ‘Bloom’s
Taxonomy’ and determines how ‘easy’ or
‘hard’ we want to make a question. The
lower the task word, generally the easier the
question. As you can see, ‘explain’ is lower
order thinking in Bloom’s Taxonomy which
means that you must show understanding of
how a victim has rights in the criminal justice
system

Sample Answer:

The rights of victims of crime are well protected in Victoria’s criminal justice system Opening statement

Firstly, victims of crime have the right to give evidence as a vulnerable witness if they wish. This As well as listing
involves witnesses being able to have support in the courtroom (if a juvenile or suffering from a the different
cognitive impairment), or giving evidence via video-link from a secure location. points, the parts
highlighted
In addition, victims also have the right to be informed about proceedings, meaning they should be ‘show’
updated regularly on the process of an investigation and dispute understanding
of what is being
discussed
Linking words help break up your answer into sections so
that the assessor can clearly identify your separate points

Finally, victims have the right to be informed of the likely release date of an offender. Victims who
are placed on the victims’ register can receive information about the length of the sentence, when an
offender has applied for parole, and their ultimate release.