Your rights as a victim
Victims attending court as witnesses
Victims who are required to attend court as a witness can find two videos outlining both what to do when you arrive at court, as well as what to expect during the trial process. These are located under the “Witnesses and Victims” / “Attending Court” link.
Decisions about prosecutions
Decisions to Discontinue Prosecutions – Victims’ Right of Review Director’s Guideline outlines all victim’s rights relating to prosecutorial decisions, including a right to request a review, and the circumstances under which an automatic review will be commenced. At the end of the guideline is an easy to follow flow chart outlining all relevant timelines.
This guideline is supported by a series of Director’s Instructions located on this website under “Publications” / “Victim Policies”;
Director’s Instruction No.7: Charge negotiations in the Supreme Court.
Director’s Instruction No. 13: Guidelines for contact with complainants in sexual offence matters.
Director’s Instruction No. 14.1: Review of a Decision to Discontinue a Prosecution.
Staff Policy No 8 Use of CCTV at ODPP
Staff Policy No 17 Privacy Policy
Compliance with these policies are subject to an annual audit process, the results of which are reported in the Annual Report.
Victims rights
Victims’ rights under the Victims of Crime Act
The following is a short summary of the right of victims under the Victims of Crime Act 1994 (“the Act”) relevant to the operations of this office. This is intended to be a guide only. For the full version or rights, please access the Act here: ACT Legislation Register
Victims’ Rights – relevant to all justice agencies
The Director or other staff member acting on their behalf must ensure:
- Section 14C – you are treated respectfully and in an appropriate manner taking into account your personal situation, needs, concerns, rights and dignity.
- Section 14D – child victims and children are treated in an age appropriate way.
- Section 14E – you receive contact as required by the Act.
- Section 14F – your personal information is not disclosed unless required by law or consent is provided.
- Section 14G – your property (if held by the DPP) is stored properly and returned as soon as practical after it is no longer needed.
- Section 15I – that if you tell us that you believe your victims rights have not been complied with, or, you are not satisfied with the DPP’s service in relation to the victims rights, you are informed of how you can make a complaint to the DPP or raise their concern with another entitled entity.
ODPP specific obligations
The Director or other staff member acting on their behalf must ensure:
- Section 14H – you are not needlessly required to attend a preliminary or committal hearing.
- Section 14I – that if you advise of your need for protection, that your exposure or contact to an accused, witness or other persons relevantly connected to them is minimised while you are in the court building.
- Section 15A – you can access (unless the court orders otherwise) any special requirements you are entitled to under the Evidence (Miscellaneous Provisions) Act 1991, or any other aid or adjustment as is reasonable. For example, this might include (not exhaustively) appearing via remote witness rooms, having intermediaries, taking your evidence early, or having the service of an interpreter.
- Section 15C – that if you appear in the Supreme Court as a witness, you can claim for expenses or lost income. (The AFP is responsible for such costs in Magistrate Court proceedings).
- See: Claiming expenses
- Section 15E – you are told within a reasonable time about the hearing and trial process, and your role, rights and responsibilities or tell you where you can find information about this.
- See: Attending Court
- Section 15F and 17A – you are told within a reasonable period (by the AFP or DPP) about your ability to make a Victim Impact Statement and the process and requirements around these. Furthermore, as far as practicable, ensure that no-one other than you should decide whether you do or do not provide a statement.
- Section 15G – you are notified of the relevant review processes when all charges with respect to you as the victim, and pertaining to a defendant, are discontinued.
- See: above
- Section 16B – that you are consulted concerning an action which would substantially modify the nature of the case, for example accepting pleas to lesser charges, discontinuing a prosecution, applying for an ACAT assessment, provided such consultation will not prejudice the prosecution of the offence. The Director will then these views into account in any decision to be made.
- See: above
- Section 16C – that if you express concern about your need for protection from an accused person, you are notified as soon as practicable (either by the AFP or DPP) if the court makes a bail related order, including bail being granted and the conditions imposed to protect you and/or your family.
- Section 16D – that you are notified as soon as practicable of the court listing your matter for hearing (Date, time, place).
- Section 16E and 15C(3) – that you are notified of the courts ability to make reparation order (you can ask for an order to be sought) and if not sought, the decision and reasons for the decision provided it does not prejudice the prosecution of an offence.
- Section 16F – that for any relevant offence you are notified as soon as practicable (by the DPP or another justice agency) at the conclusion of the prosecution of the outcome, any appeal, or appeal outcomes.
- Section 16L – you are informed as soon as practicable if an offender is ordered by the court to submit to the jurisdiction of ACAT on the basis of mental health, or to be taken to an approved mental health facility.
- Section 17 – your safety concerns as to the grant of bail to an accused are obtained by the AFP or DPP and presented to the court. This includes being protected from violence or harassment.