Rights of Victims and Rights of the Accused

Rights of an Accused

Right to be trialled w/o unreasonable delay

  • Human Rights Charter, provides that accused should be tried w/o reasonable delay

  • Charges chould be heard in a timely manner. Should avoided wherever possible

The source/s that protects thsi right

  • consistent in the presumption of innoccence, the accused is considered innocent until proven guilty so they should not be detained for an unreasonable time prior to their trial

  • also the Human Rights Charter

What is considered unreasonable

•The complexity of the investigation

•The reasons for the delay

•Backlogs in the courts

•Availability of the resources

The Right to a Fair Hearing

Entitles the acused to-

  • A fair and public hearing, public hearings are transperancy and open, public must be assured that law was applied properly. Media and public scrutiny available

  • a competent, independent and impartial adjudicator.

The source/s that protects this right

is the Human Rights Charter

The Right to Silence

  • An accussed person is presumed innocent until proven guilty, it is not an accused responsibility to provide any sort of evidence

  • a judge instructs the jury if the accused does choose to remain silent then it cannot be assumed that they are guilty

The source/s that protects thsi right

  • This right is protected by common law and the evidnce act 2008

Right to a Trail by Jury

  • ensures that the fate of the acused is determined by an impartial, independent panel of one’s peers

  • 12 jurors in a criminal jury. determines guilt

  • Different with an indictable offence, only if pleaded guilty by the accused, if pleaded guilty then jury is not needed as the verdict is already determined

The source/s that protects thsi right

  • by the commonwealth constitution, criminal procedure act 2009, juries act 2000

Rights of the Victim

Right to Give Evidence Through Alternative Arrangements

  • Allows witnesses to give evidence through alternative arrangements, if the y belive it will cause a great deal to give evidence in a traditional way

They will be at risk if:

  • ◦An offence for sexual exposure in a public place

    ◦An offence for obscene, indecent, threatening language or behaviour in public.

    ◦Is an alleged victim of a sexual offence

    ◦Is the victim of family violence

The source/s that protects thsi right

The Criminal procedure act 2009 (vic)

Types of Alternative arrangements

  • Able to give evidence via closed- circut tv

  • May give evidence behind a screen

  • certain individuals can be barred from the court room

  • a support person can be requested to make the victim feel more comfortable

The Right to be Informed about Proceedings

The victims charter requires that victims be kept informed about progress of the case

in the role of Vic Pol, Victims of Crime Commissioner and the Office of Public Prosecution

Can include:

  • offences of accused

  • charges that are changed

  • developments (trail date, bail)

  • outcomes

The source/s that protects thsi right

The victims charter

Right to be informed of release date

  • has the right to be informed of the likely release date.

  • the victims must be on the victims register to be informed

  • entitled to changes to the acused, death and bail conditions, ensuring that they are aware of any modifications that may affect the case or their safety.

The source/s that protects thsi right

victims charter and the corrections act 1986 (vic)

Criminal acts of violence

crimes are violent in nature and some examples are:

  • assault,

  • armed robbery,

  • murder/manslaughter,

  • family violence,

  • sexual offences,

  • kidnapping,

  • threats to kill.

Victims Register

A system established to ensure that victims of crimes are informed about their rights and the legal proceedings related to their case