ACR203 Policy Report PDF

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

ACR203 Crime, Victims and Justice Policy Report Olivia Kilpatrick Student ID: 217287712

Table of Contents

Page 1………………………………………Contents page Page 2………………………………………The Victims Charter Act 2006 (Vic) Page 3………………………………………The need for the Victims Charter Act 2006 (Vic) Page 5………………………………………Strengths and Weaknesses of The Victims Charter 2006 (Vic) Page 7………………………………………References

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

The Victims’ Charter Act 2006 (Vic) In Victoria, victim-focused reforms have been implemented in an attempt to redress the negative impacts of the criminal justice process for victims (Office of Public Prosecution). In 2006, The Victims’ Charter Act (2006) was introduced into Victorian legislation (Victims of Crime). The charter sets out principles which are to be followed by the Criminal Justice System (CJS) and other victimsupport agencies when a crime affects an individual (the victim). The reform sets out twelve principles which the Criminal Justice System and other agencies involved in the case are required to follow and abide by (Office of Public Prosecution). The Victims Charter Act 2006 (Vic) allows for victims of crime to be offered information as well as support and assistance during the prosecution process (Flynn, 2011). This allows for the victim to have a positive experience within the Victorian Legal System while also being able to receive support and assistance during their time in court. As outlined in the Victim’s Charter Act 2006, the charter’s purpose is “to recognize principles that govern the response to persons adversely affected by crime by investigatory services, prosecuting agencies and victims’ services agencies and to establish requirements for the monitoring and review of the principles set out in this Act” (Victims Charter Act, 2006).

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

The need for the Victim’s Charter Act 2006 (Vic) The Victims Charter Act 2006 (Vic) is required to provide victims of crime with legal acknowledgement of the effect of crime against them, and to ensure that they are treated with respect, dignity and courtesy throughout the whole process (Flynn, 2011). The Victim Charter Act 2006 (Vic) allows for all individuals harmfully affected by crime, irrespective of if they had reported the offender or offence, to be treated with well and with respect by all agencies involved in the investigation, prosecuting agencies and the services available to victims and to be given information to give them to access to services to assist in their recovery after the ordeal (Victorian Law Reform Commission). The Victim’s Chart Act 2006 outlines twelve principles to be followed by the Criminal Justice System and other agencies which are involved in the case and abide by. Some of the principles are as followed: 1. 2.

To be treated with courtesy, respect and dignity. To be given clear, timely and consistent information about your rights and entitlements and, if appropriate, be referred to victims’ and legal support services. 3. To have the court process explained to you, including your ability to attend relevant court proceedings and your role if you are a witness. 4. To have the ability to make a Victim Impact Statement which will be taken into account by the judge in sentencing the offender and have access to help when preparing the Victim Impact Statement (VIS). In Victoria, the Victims Charter Act 2006, aims to support the victims of crime by creating a set of principles which must be followed. These represent the minimum standards which government agencies and victim service providers must meet in response to victims of 3

ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

crime. Regardless of the importance of victims to the criminal justice system, victims remain outside the boundary of the system. With the declaration of the principles set out in the charter, the standards owed to the victims are frequently not realised. Aims to support the victims of crime by creating a set of principles which must be followed. These represent the minimum standards which government agencies and victim service providers must meet in response to victims of crime. “Making victims’ rights enforceable will create a sustainable culture of compliance where victims are respected, consequently translating into their increased participation and confidence in the system, resulting in a more effective criminal justice system” (Victims of Crime Commissioner, 2016)

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

Strengths and weaknesses of the Victims Charter Act 2006 (Vic) A Victim Impact Statement (VIS) can act as both a strength and a weakness of the Victims Charter Act 2006 (Vic). A VIS is a statement given to the court by the victim of a crime as a way to express how they have been affected by the crime and the offender (Butler, 2013). The purpose of the statement is to explain the impact of the crime to assist the court in making an informed decision about the sentencing period/and or parole. A strength of the VIS is that it allows for the victim to represent how they are feeling in front of the judge. The VIS allows for the court to generate sympathy and also allow the victim to again describe details which may not have been explained clearly or emphasized at trial. However, the victim must present themselves well to the court while giving the statement. if the court believes that the victim has not correctly represented themselves with their VIS, the court may not feel sympathy towards them. if the court believes that the VIS is not credible, not accurate, evidence created on the spot, or not recounted properly, then the court may not take the victim seriously. Other limitations of the VIS include:  Limited impact on sentencing;  Defense can argue that some aspects are not relevant;  Depends highly on the victim’s ability to recall events/trauma Another limitation is outlined in the Charter itself. One of the sections outlined in the Charter has limitations. Section 22(1) of the Victims Charter Act 2006 creates a possible limitation for victims. This section states that the victim has no legal rights to pursue civil action following the perceived failure of the prosecution to adhere to his or her rights as dictated in the Charter (The Victims Charter Act 2006; cited by Flynn, 2011). Consequently, an argument could be made that 5

ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

the legislation is not infallible in terms of being able to protect victims’ interests or ensure they are upheld (Flynn, 2011). However, a victim who feels like the requirements of the charter have not been upheld can make an official complaint to the Office of Pubic Prosecution (OPP) following which an internal review will take place. (The Victims Charter Act; cited by Flynn, 2011). Another strength of the Victims Charter 2006 (Vic), is that it allows the victim to take on a more primary role in the trial and prosecution. Four of the main principles outlined in the Charter reflect this strength are: - To be told about the prosecution, including charges laid, court dates and times, court outcomes and any appeals lodged, as well as any substantial changes to charges. - To have the court process explained to you, including your ability to attend relevant court proceedings and your role if you are a witness. - To be given clear, timely and consistent information about your rights and entitlements and, if appropriate, be referred to victims’ and legal support services. To be told by police of key progress in the investigation. If giving you details about the investigation is likely to put it at risk, you should be told this. These principles give the victim a sense of power and inclusion in the processes of the CJS. This acts as a strength for the victim because it allows them to hold an important role in the proceedings instead of being pushed aside once they’ve been heard by the court.

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

References: Victims of Crime, ‘Victims’ Charter Act 2006. Department of Justice. Retrieved from https://www.victimsofcrime.vic.gov.au/victims-charter-act-2006-0 Office of Public Prosecutions Victoria, ‘Witnesses and Victims’. Retrieved from http://www.opp.vic.gov.au/Witnesses-and-Victims/Victims-Charter Flynn, Asher 2011, ‘Bargaining with Justice: Victims, Plea Bargaining and the Victims’ Charter Act 2006 (Vic). Monash University LAW REVIEW. Retrieved from http://eds.a.ebscohost.com/eds/pdfviewer/pdfviewer? vid=0&sid=23e8bec7-6e5e-4990-b160-fa724037b8cd %40sessionmgr4006 Victorian Law Reform Commission, ‘The needs of victims of crime’. Last updated March 2018. Retrieved from http://www.lawreform.vic.gov.au/content/13-needs-victims-crime Victims of Crime Commissioner, 2016, ‘Royal Commissions into Institutional Responses to Child Sex Abuse’. Retrieved from https://www.childabuseroyalcommission.gov.au/sites/default/files/fil e-list/Consultation%20Paper%20-%20Criminal%20Justice%20%20Submission%20-%2084%20Victorian%20Victims%20of%20Crime %20Commissioner.pdf Butler, Todd, 2013, ‘Victim Impact Statements, New Media Technologies, and the Classical Rhetoric of Sincerity’, University of Toronto. Retreived from

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ACR203 Crime, Victims and Justice Olivia Kilpatrick

AT2: Policy Report Student ID:217287712

http://eds.a.ebscohost.com/eds/pdfviewer/pdfviewer? vid=1&sid=d70616e7-8e37-41bb-84d4-daa905a15dbb %40sessionmgr4009 Office of Public Prosecutions Victoria, ‘The Charter’, Retreived from https://victimsandwitnesses.opp.vic.gov.au/victims/victims-charter

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