3.1.4 rights of victims

Question 1

identify the three rights a victim has

Answer 1

the right to give evidence via alternative arrangements

the right to be informed about proceedings

the right to be informed of the likely release date of the offender.

Question 2

the right to give evidence using alternative arrangements

Answer 2

an entitlement for
victims or witnesses of certain crimes
in Victoria to give evidence in court in a
non-standard way that aims to be less
traumatic for the victim.

Question 3

where is the right to give evidence using alternative arrangements provided in

Answer 3

Criminal Procedure Act 2009 (Vic)

Question 4

what are the requirements of a criminal offence for a victim to be able to access alternative arrangements

Answer 4

*
sexual offences
*
family violence offences
*
summary offences involving the use of obscene or indecent language
*
summary offences involving sexual exposure.

Question 5

what is secondary victimisation

Answer 5

Secondary victimisation instances
where a victim of crime suffers further
harm, through negative experiences of the
criminal justice system.

Question 6

identify and explain one example of an altenative arrangement

Answer 6

-Closing the court to everyone except
specified people while the witness
is giving evidence.

Removing the possibility of a large public
audience in the courtroom can make the
process less intimidating for witnesses.

Question 7

the right to be informed about the proceedings

Answer 7

Right to be informed about
the proceedings an entitlement
whereby victims can be provided
with information about the case
they are involved in, subject to
certain limitations.

Question 8

what can victims be informed of

Answer 8

-the offences the accused has been charged with

-key developments in the case

-outcomes of a trial or case

Question 9

one reason for the rights of a victim to be informed of proceedings

Answer 9

Uncertainty is eliminated, which can minimise the risk
of victims suffering secondary victimisation as a result
of the legal proceedings.

Question 10

define the Right to be informed about the likely
release date of the offender

Answer 10

Right to be informed about the likely
release date of the offender
a right provided to victims of violent
crimes whereby they can apply to be
registered on the Victims Register
and will be informed about the likely
release date of an offender who has
been imprisoned.

Question 11

what are the requirements for a victim of a crime, or their family member to be registered on the victims register

Answer 11

The victims must be a victim of a ‘Criminal acts of violence

examples include
-family violence
-armed robbery
-assault
-culpable driving
-murder or manslaughter
-stalking
-kidnapping
-threats to kill
-sexual offences

Question 12

a victim of the victim’s register also has access to what information?

Answer 12

the length of the offender’s sentence and any changes to the length of
the sentence
*
the earliest possible release date
*
whether the offender applies for or is released on parole, and any conditions
attached to parole
*
if the offender is on parole, whether parole is cancelled
*
an offender’s death or escape from prison.

Question 13

rational for the right of a vicitim to be informed of the likely release date of an offender

Answer 13

Victims can take precautions, such as applying for or
extending an intervention order, to prevent the offender
from contacting them.