Your Rights as a Victim
Charter of Rights for Victims of Crime
In the ACT, there is a Charter of Rights for Victims of Crime to protect and promote your rights in the criminal justice system. These rights are contained in the Victims of Crime Act 1994. A summary of the criminal justice system, victims’ rights and justice agency contact details can be found in the Charter of Rights for Victims of Crime booklet Word (1.8MB).
A range of justice agencies have obligations under the Charter of Rights for Victims of Crime including:
- ACT Policing
- Office of the Director of Public Prosecutions
- The administrative areas of ACT Supreme Court and ACT Magistrates Court
- ACT Corrective Services
- ACT Sentence Administration Board
- Victim Support ACT, including the Victims Register
Rights that all justice agencies must uphold
All justice agencies must uphold victims rights to:
- engage with you respectfully and take into account your personal situation, needs, concerns, rights and dignity (section 14C)
- ensure you are able to access any assistance, such as an interpreter or intermediary, reasonably necessary to participate in the criminal justice system (section 15A)
- keep your personal information confidential unless the information is allowed to be shared in a court case, by law or with your agreement (section 14F)
- if you are under 18 years, seek to consider your views, wishes and circumstances before engaging with your parent or carer and engage with you in a way that is appropriate for your age (section 14D)
Justice agencies must also uphold victims rights that are specific to their agency. For example, police must provide you with timely updates about the status of the police investigation and information about the administration of justice processes, while the Office of the Director of Public Prosecutions must inform you about the outcome of court proceedings including any sentence imposed or any appeal. Detailed list of victims rights for each justice agency can be found below.
Concerns and complaints about justice agencies
If you believe that a justice agency has not complied with your victim rights as outlined in this booklet, you have a number of options. You can:
Make a complaint to the justice agency directly
If you make a complaint to the justice agency directly, the justice agency must do their best to work with you to resolve your complaint. They must give you information about the process they will use to resolve your complaint and take all reasonable steps to resolve your complaint in a timely way.
You should give the justice agency any document or information which will help to resolve your complaint.
You can raise a complaint with the justice agency orally or in writing.
Raise a concern with Victim Support
You can raise a concern about a justice agency with Victim Support. We will give you information about the process we will use to resolve your concern and take all reasonable steps to resolve your concern in a timely way.
With your agreement, we can talk to the justice agency involved on your behalf or ask them to provide documents or information that will help to resolve your concern. With your agreement, your concern can also be referred to the Disability and Community Services Commissioner or another relevant complaints body.
Make a complaint to the Disability and Community Services Commissioner
If you make a complaint to the Disability and Community Services Commissioner, the Commissioner or the Commissioner’s staff will give you information about the complaints process and explain the options available to you.
With your agreement the Commissioner or the Commissioner’s staff can talk to both you and the justice agency involved to understand what has happened and take steps to try and resolve your complaint. This may involve asking the justice agency for specific information or to provide you with a formal response to your complaint.
In some cases, the Commissioner or the Commissioner’s staff may also talk to you about trying to resolve your complaint by conciliation. Conciliation is a voluntary process which allows you to communicate with the justice agency in a safe and structured environment. It provides you with an opportunity to tell the justice agency what has happened and to try and agree on an outcome to resolve your complaint.
It is important to note that the ACT Human Rights Commission is an independent agency and staff who manage complaints cannot be advocates for either you or the justice agency.
Agency specific rights for victims of crime
It is important to note that there may be some exceptions to these rights depending on your individual circumstances. If you want more information about these rights, you can contact us, download the Charter of Rights for Victims of Crime booklet Word(1.8MB) or look at the Victims of Crime Act 1994.
ACT Policing
ACT Policing is the community policing arm of the Australian Federal Police and is responsible for providing quality and effective policing services to the ACT.
Specific victims rights for ACT Policing to uphold include:
- The police must refer you to a suitable support service unless you say you do not want to be referred. (Section 15)
- If you ask, the police must give you information about the criminal justice process that will occur after you have made your report. (Section 15D)
- If you ask, the police must give you written confirmation of your report, including the name and contact details of the police officer who took your report and another phone number you can call about your report. (Section 16)
- If you ask, the police must update you about the progress of the investigation (Section 16A):
- at least every 6 weeks; and
- if a person has been charged with the offence or a warrant is issued for the arrest of a person accused
A person charged with committing a criminal offence or offences. Also known as a ‘defendant’ or ‘alleged offender’. of the offence. - If your property is held by police for the purpose of a police investigation or criminal proceedings, it must be handled and stored in a lawful, respectful and secure manner and returned to you after it is no longer needed. (Section 14G)
- If you tell the police that you need to be protected from violence or harassment by the accused person, the police must tell you if the court makes or reviews a decision about bail
Bail means that the person who is charged will not be in prison. Instead they will be released into the community until the court case starts. or if there is a condition of bail to protect you or your family member. (Section 16C) - If a court is considering whether to grant bail or review a bail decision, the police or DPP must ask you whether you have any concerns about the need for protection from violence or harassment by the accused person. If you express such concerns, the police or DPP must tell the court about them. (Section 17)
- The police or the prosecutor must tell you (section 15F):
- who can make a victim impact statement
- what a victim impact statement should include
- that a victim impact statement can be made orally or in writing
- about how a victim impact statement can be used, including that a copy of it will be given to the offender, that you can be cross-examined on its contents and that the court must consider it in deciding how the offender should be sentenced.
Office of the Director of Public Prosecutions
The Office of the Director of Public Prosecutions (the DPP) is responsible for prosecuting criminal cases in the courts. A matter goes to court if the police have charged a person with an offence, or offences, against you. That person is called ‘the accused’.
- While the prosecutor is not your lawyer and does not represent you in court, they must uphold the following rights: If you tell the police or prosecutor that you need to be protected from violence or harassment by the accused, the police or prosecutor must tell you if the court makes or reviews a decision about bail or if there is a condition of bail to protect you or your family member. (Section 16C)
- If a court is considering whether to grant bail or review a bail decision, the police or the prosecutor must ask you whether you have any concerns about the need for protection from violence or harassment by the accused. If you express such concerns, the police or the prosecutor must tell the court about them. (Section 17)
- If you ask, the prosecutor must seek and consider your views if they are considering substantially modifying the case, for example, by discontinuing the prosecution or accepting a guilty plea for a lesser charge [offence type with a lower penalty]. (Section 16B)
- The prosecutor must tell you which of their decisions about the charges will automatically be reviewed. If there is no automatic review and the prosecutor decides not to prosecute any of the charges in relation to you, the prosecutor must tell you how you can request a review of that decision. (Section 15G)
- If you ask, the prosecutor must seek and consider your views if they are considering applying to the ACAT for an (mental health) assessment order in relation to the accused. (Section 16B)
- If you are required to attend court as a witness, the prosecutor must tell you about the hearing or trial process and the role, rights and responsibilities of witnesses, or tell you where to find information about this. (Section 15E)
- The prosecutor must not require you to appear at a preliminary hearing or a committal hearing unless a court directs you to attend, or the prosecutor considers your appearance necessary. (Section 14H)
- If a court has set a hearing date for a charge relating to you, the prosecutor must tell you the date, time and place of the hearing. (Section 16D)
- If you have told the prosecutor or a court administrator that you may need protection from violence or harassment by the accused, a defence witness or a family member or support person of the accused, the prosecutor or court administrator must minimise your exposure to that person while in the court building. (Section 14I)
- If you are able to make a victim impact statement, either the police or the prosecutor must tell you (section 15F):
- who can make a victim impact statement
- what a victim impact statement should include
- that a victim impact statement can be made orally or in writing
- about how a victim impact statement can be used, including that a copy of it will be given to the offender, that you can be cross-examined on its contents and that the court must consider it in deciding how the offender should be sentenced.
- The prosecutor must ensure that only you decide whether or not to make a victim impact statement. (Section 17A)
- If the accused is convicted or found guilty, but the court has not yet sentenced or made a non-conviction order for the offender, the prosecutor must tell you that a court may make a reparation order against the offender. (Section 16E)
- If you have suffered loss or incurred expenses as a direct result of the crime or had property stolen you may ask the prosecutor to apply for a reparation order. (Section 15C(3))
- If the prosecutor decides not to apply for a reparation order, the prosecutor must tell you of this decision and the reason for it, unless it is considered this would prejudice the prosecution of an offence. (Section 16E)
- If you ask, the prosecutor must tell you about the outcome of a trial or appeal, including any sentence imposed on the offender. (Section 16F)
- If you ask, the prosecutor must tell you if the offender appeals a court decision and about the nature and outcome of the appeal. (Section 16F)
- If you ask, the prosecutor must inform you about certain court requirements and orders relating to the offender’s mental health, such as when an offender is required to submit to the ACAT’s jurisdiction or when the Magistrates Court orders an offender be taken to a mental health facility without being required to submit to the ACAT’s jurisdiction. (Section 16L)
ACT Courts
Most criminal cases in the ACT are heard in the Magistrates Court. The Supreme Court hears the most serious cases and the Children’s Court normally hears cases where the defendant was under 18 years old at the time of the offence. While a matter may start in the Magistrates Court, it may later move to a different court.
The decision-making power of the courts is independent. However, when acting in an administrative capacity the courts must uphold the following victims rights:
- If you have told the prosecutor or a court administrator (such as a court security guard or Registrar) that you may need protection from violence or harassment by the accused, a defence witness or a family member or support person of the accused, the prosecutor or court must minimise your exposure to that person while in the court building. (Section 14I)
ACT Corrective Services
ACT Corrective services is responsible for the safe and secure management of offenders both in custody and in the community if there is a community-based order. In making decisions about offenders, Corrective Services must ensure appropriate consideration is given to the concerns of victims of crime.
Victims rights that ACT Corrective Services must uphold are:
- If you ask Corrective Services to contact you about protection from violence or harassment by the offender, Corrective Services must seek and consider your concerns about the need for protection in preparing a pre-sentence report or assessment. (Section 17B)
The Victim Support ACT Victims Register
Victim Support ACT administers the ACT Victims Registers. There are three registers in the ACT:
- The Adult Offender Register
- The Youth Justice Register
- The Affected Persons Register
The registers can provide information to registered victims about the management of the offender’s sentence, and in some instances information about a forensic patient.
Victims rights that the adult and youth offender registers must uphold are:
- The Victims Register must tell you about how you can become registered on the Victims Register, the rights of registered victims to information about sentenced offenders and the role of registered victims in relation to the release of offenders from imprisonment under a parole order or on licence. (section 15H)
- If you are registered, the Victims Register must tell you about the actions you may take to prevent contact from the offender. (section 14J)
- If you are registered, the Victims Register may tell you information about the offender if you ask and the Victims Register considers it appropriate in the circumstances. (section 16I)
- If you are registered and the offender is to be transferred or released from imprisonment or detention or escapes, the Victims Register must tell you of the transfer, release or escape including of any condition of the release that may affect your safety. (Adult offender register only - section 16J)
- If you are registered and an offender is subject to an intensive correction order, the Victims Register must inform you about the following, if this information is likely to affect your safety, or you’ve expressed concern about your safety (adult offender register only - section 16K):
- if the offender has breached [not complied with] the order’s obligations; or
- the Sentence Administration Board has decided to suspend, cancel, amend, or discharge the order, or reinstate a previously cancelled order, if is likely to affect your safety or you have expressed concerns about your safety
- If you are registered, the Victims Register or the Sentence Administration Board must tell you about outcomes of a parole or release on licence application. (Section 16H).
Victims rights that the Affected Persons Register must uphold are:
- The affected persons register must tell you about how you can become registered on the affected persons register, the rights of registered affected persons, and certain information about the forensic patient or any ACAT hearings in relation to the order. (Section 16N)
- If the ACAT is considering making an order, the affected person register must notify you if the ACAT is considering making a mental health order, forensic mental health or a section 180 order, and the outcome, nature and length of any orders made. (Section 16M)
- If the ACAT is considering making an order, the affected persons register must tell you how you can participate in order hearings, and assist you if you decide to participate. (Section 17F).
There may be some exceptions to these rights depending on individual circumstances. If you want more information about these rights, you can contact us or look at the Victims of Crime Act 1994.
Sentence Administration Board
The Sentence Administration Board is an independent body that makes certain decisions about management of the offender’s sentence, including whether the offender is suitable for release on parole and the consequences of any failure to comply with parole orders and intensive corrections orders. Victims of crime can make submissions to the Board about an offender’s possible release on parole.
Victims rights that ACT Corrective Services must uphold are:
- The Board or Victims Register must inform you of an inquiry into an application for parole or release on licence and (section 16G):
- how you can make a submission to the Board or raise a concern you may have in relation to the inquiry
- how you can ask the Board not to give your submission or concern to the offender or another person
- provide information about the offender and assistance available to help you to make a submission or raise a concern.
- You may make a submission to the Board about the likely effect on you or your family if parole or a release on licence were granted. You can also tell the Board about your need to be protected from violence or harassment by the offender. (Section 17D)
- If you ask the Board not to give your submission to a person, and the Board considers that doing so would endanger you or anyone else, the Board must ensure that your submission is not given to that person. If the Board still intends to give your submission to the person despite your request, they must tell you about this. (Section 17D)
- If you are on the Victim’s Register, or have made a submission or raised a concern to the Board, the Board must take steps to inform you about (section 16H):
- the Board’s decision to make or not make a parole order
- if parole is granted, about the offender’s parole release date and the offender’s parole obligations.
- If you are on the Victim’s Register, or have made a submission or raised a concern to the Board, the Board must take steps to inform you about: (section 16H)
- the Executive’s decision to grant or not grant a release on licence
- if a release on licence is granted, about the offender’s licence release date and the offender’s release on licence obligation