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legal ch 3.5
u3 aos1 criminal justice system
Term | Definition |
---|---|
Victim | the direct person harmed, but could be a family member of a murder victim, witnesses to a traumatic event |
Victims’ Charter Act 2006 (Vic) | Takes care of victims and their interaction with the criminal justice system |
who is a vulnerable witness | one who will have difficulty testifying due to circumstances regarding the offence or traits of the victim. Children, people who suffer from a cognitive impairment, victims of sexual offences and domestic violence |
The right to give evidence as a vulnerable witness | Court may put special provisions in place to make them feel safe and help reduce their trauma |
why is The right to give evidence as a vulnerable witness so improtant | Ensures evidence and testimony is more accurate as Could give false information if under pressure |
example alternative arrangements | Witness may give evidence from a place other than the courtroom, Screens used to remove the accused from the line of sight of the victim, Victim can choose a support person to be there while giving evidence |
The right to be informed about the proceedings | parties should inform the victim, at reasonable intervals, about the progress of an investigation into a criminal offence |
examples of info given due to The right to be informed about the proceedings | What charges, reasons why, the outcome, when trial is happening, sanctions, appeals |
exceptions to The right to be informed about the proceedings | unless they don’t want the info, or it may jeopardise the investigation |
what poj does The right to be informed about the proceedings uphold | Access to justice system - community knowing their entitlements, Fairness (fair trial) - if the victim doesn’t agree with the sentence they might want to appeal |
The right to be informed of the likely release date of the accused | may receive certain information about an imprisoned offender and their likely date of release/parole |
Victims register | a person who is a criminal act of violence may apply to be on the victims register |
what poj does The right to be informed of the likely release date of the accused uphold | Access to the CJS |