Podcast
Questions and Answers
What is the primary aim of alternative arrangements for victims giving evidence?
What is the primary aim of alternative arrangements for victims giving evidence?
- To ensure the accused is fully aware of the victim's testimony.
- To expedite the legal proceedings and reduce court costs.
- To guarantee a conviction by presenting the victim's evidence in the most impactful way.
- To make witnesses more willing to assist in trial and reduce intimidation from the accused. (correct)
Which of the following is NOT a defined objective of the Victims Charter?
Which of the following is NOT a defined objective of the Victims Charter?
- To recognize the impact of crime on victims.
- To ensure victims are recognized and receive certain information during the legal processes.
- To reduce secondary victimization experienced by victims interacting with the criminal justice system.
- To guarantee victims receive compensation for damages incurred. (correct)
How does giving evidence via CCTV contribute to the rights of victims?
How does giving evidence via CCTV contribute to the rights of victims?
- It allows the accused to directly confront the victim.
- It guarantees the victim's anonymity.
- It ensures the witness does not have to physically face the accused. (correct)
- It eliminates the need for a support person.
A court decides to close the courtroom to the public during a victim's testimony. What is the primary purpose of this action?
A court decides to close the courtroom to the public during a victim's testimony. What is the primary purpose of this action?
In the context of victim's rights, why is it important for victims to be informed about the proceedings?
In the context of victim's rights, why is it important for victims to be informed about the proceedings?
Which of the following details would a victim likely receive as part of being informed about the progress of their case?
Which of the following details would a victim likely receive as part of being informed about the progress of their case?
What is the minimum advance notification a victim of a violent crime should receive regarding the release of the offender from prison?
What is the minimum advance notification a victim of a violent crime should receive regarding the release of the offender from prison?
A victim wishes to express their concerns about an offender's potential release. What avenue is available to them?
A victim wishes to express their concerns about an offender's potential release. What avenue is available to them?
Which action exemplifies the purpose of removing the line of sight between a witness and the accused in court?
Which action exemplifies the purpose of removing the line of sight between a witness and the accused in court?
Under what circumstances might a family member be considered a 'victim' according to the provided definitions?
Under what circumstances might a family member be considered a 'victim' according to the provided definitions?
Flashcards
Victims' Charter Objectives
Victims' Charter Objectives
Recognizing the impact of crime on victims and ensuring they receive certain information during investigation and prosecution.
Broad Definition of "Victim"
Broad Definition of "Victim"
Includes family members of victims, direct victims who suffered injury, and children groomed for sexual conduct.
Alternative Arrangements for Giving Evidence
Alternative Arrangements for Giving Evidence
Victims can give evidence without physically facing the accused, using screens, support persons, or closing the court to the public.
Purpose of Alternative Arrangements
Purpose of Alternative Arrangements
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Right to Be Informed
Right to Be Informed
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Details Provided to Victims
Details Provided to Victims
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Right to Be Informed of Offender Release
Right to Be Informed of Offender Release
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Purpose of Knowing Offender Imprisonment Status
Purpose of Knowing Offender Imprisonment Status
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Study Notes
- The victims charter objectives are to recognize crime's impact on victims and ensure they receive information during investigation and prosecution, reducing secondary victimization from criminal justice system interaction.
- A victim is defined broadly as a family member of a person under 18 unable to manage their affairs, a direct victim who suffered injury, a family member who has died from a criminal offense, or a child under 16 groomed for sexual conduct.
The Right to Give Evidence Using Alternative Arrangements
- Victims may be witnesses needing to give evidence to support the prosecution’s case.
- The Criminal Procedure Act Vic aims to protect certain witnesses through alternative arrangements.
- Courts can direct alternative arrangements for vulnerable witnesses in cases.
- Types of alternative arrangements include:
- Giving evidence from outside the court via CCTV, so the witness does not have to physically face the accused.
- Using a screen to remove the accused from the witness’ line of vision to ensure witness safety and prevent intimidation.
- Allowing a support person for strength and emotional support.
- Closing the court to everyone besides specified people to reduce the audience.
- The purpose of these arrangements is to ensure witness safety, reduce secondary victimization, encourage witnesses to assist in the trial, assist the prosecution in proving their case, reduce intimidation from the accused, and improve the reliability of evidence by removing the ability to intimidate the witness.
The Right to Be Informed About the Proceeding
- Victims have the right to adequate and appropriate information about the progress and outcomes of their case, provided by the OPP.
- The Victims Charter recognizes that persons adversely affected by crime are entitled to certain information about the proceeding and the CJS.
- Details include charges laid, withdrawn, or changed, support services, compensation, legal representation, investigation progress, court dates, key developments, and outcomes, including sentences and appeal details.
- The purpose is to provide victims with accountability, justice, and eliminate uncertainty, minimizing the risk of victimization.
- Victims of violent crimes can be informed of the offender's release date, including notification 14 days before release, length of sentences, parole conditions, and related information.
- Objectives include knowing if an offender is imprisoned for safety and comfort, applying for intervention orders, making submissions to the adult parole board, and considering victim impact during parole decisions.
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Description
Explore the rights of victims in the justice system, focusing on giving evidence through alternative arrangements. Learn how the Criminal Procedure Act Vic protects vulnerable witnesses, allowing them to provide testimony without facing the accused directly, using CCTV or screens.
