Charter of Advocacy. For prosecuting or defending sexual offence cases

Size: px
Start display at page:

Download "Charter of Advocacy. For prosecuting or defending sexual offence cases"

Transcription

1 Charter of Advocacy For prosecuting or defending sexual offence cases

2 The Charter is a symbol of a shared commitment amongst these organisations to minimising the trauma experienced by victims of sexual assault in the justice system while ensuring that people accused of sexual offences receive a fair trial.

3 Purpose of the Charter The Charter provides a guide for prosecutors and defence practitioners about good conduct in relation to court proceedings for sexual offences. This Charter reflects and reinforces the legal and ethical obligations that are already required of legal practitioners, for example, under the Evidence (Miscellaneous Provisions) Act 1958, the Evidence Act 2008, the Criminal Procedure Act 2009, the Victims Charter Act 2006 and the Victorian Bar Practice Rules. The Charter represents appropriate conduct in sexual assault cases. It has been developed in consultation with the Department of Justice Sexual Assault Advisory Committee, with particular input from: the Supreme Court of Victoria the County Court of Victoria the Magistrates Court of Victoria the Office of Public Prosecutions Victoria Police the Victorian Bar Council the Criminal Bar Association the Law Institute of Victoria Victoria Legal Aid the Judicial College of Victoria. The Charter is one of a number of initiatives to promote a culture across the legal profession in which all legal practitioners and their staff are aware of the particular challenges involved in prosecuting/defending sexual offence cases and are mindful of the laws and ethical obligations that arise in relation to these cases. 01

4 How the Charter can be used The Charter is also intended to help prosecutors explain to victim/complainants of sexual offences what they can expect from both prosecutors and defence practitioners in relation to court proceedings. It is hoped that prosecutors (and/or solicitors for the prosecution or witness assistance officers) will provide a copy of this Charter to victim/complainants as part of the process of explaining to them what they can expect from the prosecutor and defence practitioner during court proceedings. Terminology used in the Charter The Charter is written in plain English with minimal legal terminology so that it can be understood by people without legal qualifications and experience, including victims of sexual assault. The terms victim/complainant and victim are used in the Charter. This reflects a desire to use terminology that is familiar to members of the public; acknowledging that in criminal proceedings victims of sexual assault are often referred to as complainants (ie. the person who made the complaint to police) and that most victims are also witnesses in sexual offence proceedings. The inclusion of the word victim should not imply the guilt or innocence of any person accused. Where the term victim has been used in referenced legislation (for example the Victim s Charter Act 2006) it has also been used in the relevant section of the Charter. The terms sexual assault and sexual offences are used interchangeably throughout the Charter. These terms are intended to encompass the range of sexually abusive behaviours criminalised under current law. Review of the Charter The Charter will be reviewed after it has been in existence for two years to determine its effectiveness. 02

5 Innocent until proven guilty It is a fundamental principle of the criminal justice system that people accused of crimes are innocent unless and until they are proven guilty or plead guilty in a court of law. The agencies who have been involved in the development of this Charter are all committed to this fundamental principle and seek to ensure that individuals accused of sexual offences receive a fair trial. However, they also recognise that lawyers and criminal justice agencies can minimise the trauma experienced by victims of sexual assault by following the obligations outlined in this Charter and that this does not jeopardise the accused receiving a fair trial. The obligations in this Charter already exist in the law or legal practice rules. They are simply brought together in one document to provide a ready reference point and a tool that can assist in explaining to victims what they can expect in relation to a court hearing. This Charter will not remove the distress and difficulty for a victim attending court and/or giving evidence. However, it reflects a commitment from all the agencies who have been involved in the development of this Charter to build into their practice how they can minimise the trauma victims experience in the court-room without jeopardising a fair trial for the accused. The legal system, and the lawyers and police prosecutors who work within it, can operate in a way that is sensitive and respectful without jeopardising fairness and impartiality. 03

6 Legal practitioners should be aware Guiding principles 1. There is a high incidence of sexual violence within society. 2. Sexual offences are significantly under-reported. 3. A significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment. 4. Sexual offenders are commonly known to their victims. 5. Sexual offences often occur in circumstances where there is unlikely to be any physical signs of an offence having occurred. It is the intention of Parliament that in interpreting and applying the sexual offence provisions in the Crimes Act 1958 courts are to have regard to the above five guiding principles. 1 1 These principles are in s37b of the Crimes Act 1958 and are also applied to confidential communications (s32ab Evidence (Miscellaneous Provisions) Act 1958) and relevant witness provisions (s338 Criminal Procedure Act 2009). 04

7 Why does sexual assault require particular attention? Sexual offending research shows that many victims of sexual assault find it particularly traumatic to give evidence in court and be crossexamined. It is important for prosecutors and defence practitioners to seek to minimise any further trauma to the victim that may arise before, or during, court proceedings. Common features of sexual assault include: sex offences are crimes of violence sex offences occur in private in the absence of witnesses people of all ages and backgrounds experience sexual assault sexual offences can occur to both females and males, although women and children are more vulnerable victims may experience a wide range of emotions, including shame, anguish, embarrassment and guilt when reporting sexual offences and during the criminal justice process. 05

8 Legal practitioners should be aware Alternative arrangements for giving evidence Under Victorian law victim/complainants are provided with specific options to assist in giving evidence in sexual offence proceedings, including: giving evidence on closed-circuit television using screens so the victim/complainant does not have to see the accused allowing a support person to sit beside the victim/complainant to provide emotional support when she/he gives evidence. The court must allow these arrangements unless the victim/complainant is aware of her/his rights but does not want them to be in place. 2 Child victim/complainants or victim/complainants with a cognitive impairment whose case is heard in the County Court or Supreme Court have their evidence pre-recorded in a special hearing and then played at trial. 3 Privacy and confidentiality The court may order that the whole or part of any proceeding for a sexual offence be heard in closed court (or that only certain people may be present) if the court believes it is necessary to do so to avoid causing the victim/complainant undue distress or embarrassment. 4 No one is permitted to disclose or publish information that is likely to lead to the identification of a victim/complainant in a sexual offence case. 5 2 See Division 4 of Part 8.2 of the Criminal Procedure Act See Division 6 of Part 8.2 of the Criminal Procedure Act Note that special hearings do not occur if the case is heard in the Criminal Division of the Children s Court or the case is heard summarily in the Magistrates Court. 4 See s126 of the Magistrates Court Act 1989; s80 and s80aa of the County Court Act See also s360(d) of the Criminal Procedure Act 2009, which provides for the court to limit persons present while a witness gives their evidence in sexual offence cases. 5 See s4 of the Judicial Proceedings Reports Act

9 Professional manner Prosecutors and defence practitioners are responsible for maintaining a professional manner in the presence of victim/complainants while waiting inside or outside the courtroom and should not engage in incidental conversations or behaviour which may be interpreted as demeaning or trivialising. Supporting people with particular needs Prosecutors, defence practitioners and other professionals involved in court proceedings should seek to identify and take into account the particular needs, language or cultural issues facing those who: are Aboriginal or Torres Strait Islanders are from a culturally or linguistically diverse background are children have a cognitive impairment have a disability or mental illness, or have multiple needs and issues that should be taken into account. 07

10 Prosecutors will 6 Treat the victim/complainant with courtesy, respect and dignity. 6 Seek to minimise any trauma that she/he may experience during, or as a result of, the court proceedings. Request the involvement of the Witness Assistance Service or the Child Witness Service if they are not already involved. Meet with the victim/complainant before the court hearing and explain the prosecutor s role, the role of other people likely to be present, and what is likely to happen in court. Inform the victim if the charge is withdrawn, discontinued or substantially altered. 7 Seek the victim s view when considering the merits of a plea offer made by the defence. 8 Assist the victim/complainant to refresh her/his memory from her/his written or video statement. Answer any questions that the victim may have about the law or courtroom procedures/practices in plain English (and double-check that the victim has understood). 9 Actively object to unwarranted and irrelevant cross-examination by a defence barrister and seek the court s intervention where crossexamination is considered to be inappropriate or oppressive. Proactively challenge myths and stereotypes about sexual offending and victims of sexual offences that arise in court. 6 When the term prosecutor is used in this Charter it generally refers to the crown prosecutor, a private barrister briefed by the prosecution or a police prosecutor appearing in court. However, it may also refer to a solicitor employed by the Office of Public Prosecutions who is working on the sexual offence case. It is acknowledged that in some cases the barrister and in some cases the solicitor for the prosecution (and in some cases a worker from the Office of Public Prosecutions Witness Assistance Service or the Child Witness Service) will meet the various commitments outlined in this Charter. However, both are responsible for ensuring that the commitments are met. In some instances, the victim/complainant may choose not to take up certain offers of support, such as meeting the prosecutor before the court hearing. In these cases the responsible individuals are only bound to comply with the obligations to the extent that the victim consents. Note: Many of the items in this section are adapted from the UK Prosecutors Pledge. 7 See the Victims Charter Act 2006, sections 9 and See the Victims Charter Act 2006, section 9. 9 See the Victims Charter Act 2006, section

11 Identify and take into account any specific needs relating to race or Indigenous background, sex or gender identity, cultural or linguistic diversity, sexual orientation, disability, religion and age, and inform the court if and when required. Examples might include: allowing an Aboriginal support worker to be present at any meetings ensuring that an interpreter is booked for the hearing and pre-hearing conference clarifying any cultural practices with which the prosecutor is not familiar asking the court whether the oath can be taken on another relevant religious text rather than a bible or by way of making an affirmation. 10 Take time after the hearing to explain to the victim/complainant the outcome and its implications. On conviction, provide information to the victim about: how to apply to the Victims of Crime Assistance Tribunal (VOCAT) for financial assistance 11 how to apply for compensation from the offender how to apply to be on the Victim s Register (if the victim is eligible) the Sex Offender s Register. During the plea hearing, challenge any unwarranted attack on the victim/complainant s character. Keep the victim/complainant informed of the progress of any appeal, and explain the effects of the court s judgment in the appeal. Assist the victim/complainant to obtain information about how to apply for a Family Violence Intervention Order or Stalking Intervention Order if that may assist in protecting the victim/complainant and refer the victim/complainant to a legal service/practitioner, the police or court registrar as required. 10 Note sections 24 and 24A of the Evidence Act 2008, which provide, amongst other matters, that it is not necessary that a religious text be used in taking an oath and that a person may take an oath even if the person s religious beliefs do not include belief in the existence of a god. 11 Conviction of a sexual offender is not required in order for a VOCAT application to be made by the victim or granted by the Tribunal. 09

12 Defence practitioners Will act in accordance with their duty to their clients (eg. people accused of sexual offences) and in accordance with their duty to the court as outlined in the Victorian Bar Practice Rules. 13 Must legally represent accused persons in court to the best of their ability and this may include challenging the truthfulness, consistency or accuracy of statements made by the victim/complainant or other witnesses. 14 Are aware that the law says that victim/complainants in sexual offence cases are not an inherently unreliable class of witness. They are no more or less likely to tell the truth than any other witness in court. Will treat the victim/complainant and other witnesses with courtesy, respect and dignity at all times. Will refrain from improper questioning: The law gives courts the power to stop improper questioning of all witnesses, including victim/complainants in sexual offence trials. This includes questioning which: -- is misleading or confusing -- is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive -- is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate, or -- has no basis other than a stereotype (for example, a stereotype based on the witness s sex, race, culture, ethnicity, age or mental, intellectual or physical disability) When the term defence practitioner is used in this Charter it refers to a barrister appearing on behalf of the accused in court. However, it may also refer to a solicitor representing the accused. Both are responsible for ensuring that the commitments are met. 13 Victorian Bar Practice Rules (effective 22 September 2009) Rules and Victorian Bar Practice Rules (effective 22 September 2009) Rules 10 and The definition of improper question used in this Charter reflects that used in s41 of the Evidence Act Under s41 of the Evidence Act 2008 the court may disallow an improper question put to a witness in cross examination but must disallow an improper question put to a vulnerable witness in cross examination unless the court is satisfied that in all the relevant circumstances of the case, it is necessary for the question to be asked. 10

13 The court must disallow improper questioning of witnesses, including victim/complainants, who are considered vulnerable witnesses. Children and those with a cognitive impairment are vulnerable witnesses. Other witnesses may be considered vulnerable depending on the circumstances. The court will consider such things as: -- any relevant characteristics, for example, the person s age, education, ethnic and cultural background or gender -- whether the witness has a mental or physical disability -- the nature of the offence which is before the court -- the relationship between the witness and the accused. It is important to note that a question is not an improper question just because it challenges the truthfulness, consistency or accuracy of the evidence being given by a witness, or requires the witness to discuss things which are distasteful or private. Will, if necessary, advise their clients of what may amount to an inappropriate approach to, or contact with, the victim/complainant or prosecution witnesses in and around the courtroom. 11

14 Complaints and feedback If a victim of sexual assault is concerned about how she/he has been treated by someone involved in the justice system, she/he can make a complaint to the organisations below. Positive feedback can also be provided. Victims Charter - Enquiries and Complaints Line Free call: (Business Hours 9am - 5pm Monday to Friday) The Victims Charter is a law in Victoria that sets out the rights of victims of crime. All victims of violent crime have the right to be treated with courtesy, dignity and respect by all criminal justice and victim support services and the right to be given information about support services, the police investigation and the court outcome where relevant. An important aspect of the Victims Charter is the right of victims to be able to make a complaint if any of the Victims Charter principles have not been followed. The Enquiries and Complaints Officer can assist where there is a potential breach of a Victims Charter principle. If the matters fall outside the scope of the Victims Charter, the Enquiries and Complaints Officer will refer you to the appropriate complaints body. The Enquiries and Complaints Officer cannot: influence decisions made by criminal justice agencies affect court decisions take action on a case already being investigated by another complaints body. Complaints against Legal Practitioners including any lawyer working in Victoria Tel: Local call Australia wide: Legal Services Commissioner 9/330 Collins Street Melbourne VIC 3000 Website: The Legal Services Commissioner s core function is to receive and handle complaints about lawyers. Complaints to the Legal Services Commissioner must be made in writing. The Legal Services Commissioner cannot deal with your complaint if the matter is before the courts or if the complaint is about courts or court staff. 12

15 Published by the Department of Justice, Melbourne. Copyright State of Victoria 2010 June 2010 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act ISBN Authorised by the Victorian Government, 121 Exhibition Street, Melbourne Designed by Modern Art Production Group Printed by Print Dynamics, 25 Lionel Road, Mt Waverley, The Department of Justice provides access to a range of services through its Justice Service Centres located in Ballarat, Bendigo, Berwick, Box Hill, Broadmeadows, Carlton, Geelong, Morwell and Wangaratta. Check out the locations at If you would like to receive this publication in an accessible format, such as large print or audio, please us at accessibility@justice.vic.gov.au

16

The Witness Charter. Standards of care for witnesses in the Criminal Justice System

The Witness Charter. Standards of care for witnesses in the Criminal Justice System The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

The Witness Charter. Standards of care for witnesses in the criminal justice system

The Witness Charter. Standards of care for witnesses in the criminal justice system The Witness Charter Standards of care for witnesses in the criminal justice system December 2013 Crown copyright 2013 Produced by the Ministry of Justice You may re-use this information (excluding logos)

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

Attending Court as a Witness

Attending Court as a Witness Attending Court as a Witness 2006 Attending Court as a Witness This booklet is also available in the following languages: - Arabic - French - Irish - Latvian - Lithuanian - Mandarin - Polish - Russian

More information

Supporting victims and witnesses with a learning disability

Supporting victims and witnesses with a learning disability Supporting victims and witnesses with a learning disability July 2009 Contents Introduction page 2 The Crown Prosecution Service page 5 The Code for Crown Prosecutors page 8 Ability to give evidence page

More information

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE A. INTRODUCTION 1. This document lays down the Code of Practice ( Code ) for the conduct of criminal proceedings

More information

Brief Overview of the Family Violence Protection Act 2008

Brief Overview of the Family Violence Protection Act 2008 Brief Overview of the Family Violence Protection Act 2008 Last updated: 5 January 2011 Table of contents Scope of document 1 Substantive Law 1 1. Separates family violence and stalking matters 1 2. Preamble

More information

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Legal Aid NSW, July 2012 Presented by Andrew Bide and Clare Magni, Solicitors,

More information

Information for witnesses going to court

Information for witnesses going to court Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)

More information

How to respond to a family violence intervention order

How to respond to a family violence intervention order July 2012 How to respond to a family This booklet is about family s. It explains what intervention orders are and how they work How to respond to a family Do you need this booklet in a different format?

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

Personal Safety Intervention Orders

Personal Safety Intervention Orders Personal Safety Intervention Orders A guide to resolving disputes and protecting your safety. This booklet is about personal safety intervention orders, which can help protect you from threats and violence

More information

A Guide to applying for. and enforcing. Compensation for Victims of. Crime in the County Court.

A Guide to applying for. and enforcing. Compensation for Victims of. Crime in the County Court. A Guide to applying for and enforcing Compensation for Victims of Crime in the County Court. Introduction This brochure explains how and when a victim of an offence can make a claim for compensation through

More information

Code of Practice for Victims of Crime

Code of Practice for Victims of Crime Code of Practice for Victims of Crime October 2013 Code of Practice for Victims of Crime Presented to Parliament pursuant to section 33 of the Domestic Violence, Crime and Victims Act 2004 October 2013

More information

If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result.

If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. VICTIMS OF CRIME If the people who make the decisions are the people who will also bear the consequences of those decisions, perhaps better decisions will result. Introduction - John Abrams The Attorney

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings Being a Witness A booklet for adult witnesses in criminal and children s hearing court proceedings A booklet for adult witnesses in criminal and children s hearing court proceedings. The pictures used

More information

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM

Victims of Crime. support and advice in Gloucestershire CRIMINAL JUSTICE SYSTEM 3 Victims of Crime support and advice in Gloucestershire The police will pass information about you to Victim Support so that they can offer you help and support, unless you ask the police not to. The

More information

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS

REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS REPORTING AN OFFENCE TO THE POLICE: A GUIDE TO CRIMINAL INVESTIGATIONS If you are experiencing or have experienced domestic volence and/or sexual violence there are a number of ways the law can protect

More information

The support you should get if you are a victim of crime

The support you should get if you are a victim of crime The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

CPS Policy for Prosecuting Cases of Domestic Violence

CPS Policy for Prosecuting Cases of Domestic Violence CPS Policy for Prosecuting Cases of Domestic Violence March 2009 Contents 1 Introduction 3 2 What is domestic violence? 10 3 The role of the CPS 12 4 The Code for Crown Prosecutors 15 5 Is there enough

More information

The NSW Domestic Violence Justice Strategy. Improving the NSW Criminal Justice System s Response to Domestic Violence 2013-2017

The NSW Domestic Violence Justice Strategy. Improving the NSW Criminal Justice System s Response to Domestic Violence 2013-2017 The NSW Domestic Violence Justice Strategy Improving the NSW Criminal Justice System s Response to Domestic Violence 2013-2017 The NSW Domestic Violence Justice Strategy Acknowledgements The development

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Victims of Crime. support and advice in Dorset CRIMINAL JUSTICE SYSTEM

Victims of Crime. support and advice in Dorset CRIMINAL JUSTICE SYSTEM 3 Victims of Crime support and advice in Dorset The police will pass information about you to Victim Support so that they can offer you help and support, unless you ask the police not to. The police will

More information

Reporting the crime to the police

Reporting the crime to the police Section 4 Reporting the crime to the police Why report the crime to the police? It is your choice whether you report the crime to the police. Some people choose not to report or may not report straight

More information

the criminal justice system and child sex offences

the criminal justice system and child sex offences Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

How To Be Tried In A Court In Canada

How To Be Tried In A Court In Canada Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

More information

Supporting your client in Court

Supporting your client in Court Supporting your client in Court Tips for drug and alcohol workers Legal Aid NSW July 2012 Prepared for NADA Networking for Court Support: Collaboration, Confidence, Court Support and Case Notes Forum Presentation:

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

THE PUBLIC DEFENCE SOLICITORS OFFICE STANDARD TERMS OF ENGAGEMENT

THE PUBLIC DEFENCE SOLICITORS OFFICE STANDARD TERMS OF ENGAGEMENT THE PUBLIC DEFENCE SOLICITORS OFFICE STANDARD TERMS OF ENGAGEMENT CONTENTS 1. About the Public Defence Solicitors Office This section gives background information about our office and the rules we follow.

More information

A Summary of Virginia s Crime Victim and Witness Rights Act

A Summary of Virginia s Crime Victim and Witness Rights Act A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of

More information

Making a Victim Personal Statement

Making a Victim Personal Statement Making a Victim Personal Statement Your chance to explain how the crime has affected you VPS. Every crime has a victim. Every victim deserves a voice. Contents About this leaflet 01 About the VPS 03 How

More information

Responding to Allegations of Student Sexual Assault

Responding to Allegations of Student Sexual Assault Responding to Allegations of Student Sexual Assault Section 1: Legislative and Policy Context Procedures for Victorian Government Schools Responding to Allegations of Student Sexual Assault 1 Published

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME

Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME Tell us what you think We want to know what you think about bail law. Please answer the questions in this brochure or just tell us about your experience as

More information

Disability Hate Crime. Policy for Prosecuting Cases of

Disability Hate Crime. Policy for Prosecuting Cases of Disability Hate Crime Policy for Prosecuting Cases of Disability Hate Crime Crown Copyright 2007 Contents Introduction 2 Disability hate crime 6 The role of the CPS 12 The Code for Crown Prosecutors 13

More information

Information for victims of crime

Information for victims of crime This leaflet sets out what you can expect from key service providers as a victim of crime. It also contains information about organisations that you can contact for free advice, practical information or

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

aeinti, WITNESS ~ m As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice.

aeinti, WITNESS ~ m As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice. aeinti, WITNESS As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice. Our legal system depends upon citizens coming forth to give evidence truthfully

More information

8 July 2015 CRIMINAL JUSTICE (Victims of Crime) BILL 2015 GENERAL SCHEME CONTENTS PART 1 PRELIMINARY. PART 2 Information for Victims

8 July 2015 CRIMINAL JUSTICE (Victims of Crime) BILL 2015 GENERAL SCHEME CONTENTS PART 1 PRELIMINARY. PART 2 Information for Victims 1 P a g e 8 July version Preamble Head 8 July 2015 CRIMINAL JUSTICE (Victims of Crime) BILL 2015 GENERAL SCHEME 1. Short title and commencement 2. Interpretation 3. Expenses CONTENTS PART 1 PRELIMINARY

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

Information for registrants. What happens if a concern is raised about me?

Information for registrants. What happens if a concern is raised about me? Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

Royal Commission into Family Violence

Royal Commission into Family Violence WIT.0095.001.0001 Royal Commission into Family Violence WITNESS STATEMENT OF LEANNE KATHRYN SINCLAIR I, Leanne Kathryn Sinclair, Lawyer, of 350 Queen Street, Melbourne in the State of Victoria, say as

More information

10 Victims and the law 57

10 Victims and the law 57 10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Making a Victim Personal Statement

Making a Victim Personal Statement Making a Victim Personal Statement Victims have a right to explain how a crime has affected them A guide for all criminal justice practitioners Part 1 About this guide The Victim Personal Statement (VPS)

More information

Your Voice in Criminal Court

Your Voice in Criminal Court Your Voice in Criminal Court a guide to court orientation for adult witnesses INFORMATION + RESOURCES FOR VICTIM SERVICE WORKERS introduction Victim Service Workers have an important role to play in the

More information

The Witness and the Justice System in Alberta

The Witness and the Justice System in Alberta The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

More information

Human Services Quality Framework. User Guide

Human Services Quality Framework. User Guide Human Services Quality Framework User Guide Purpose The purpose of the user guide is to assist in interpreting and applying the Human Services Quality Standards and associated indicators across all service

More information

DISCLOSURE BY THE CROWN IN CRIMINAL CASES FIRST ISSUED: DECEMBER 23, 1999

DISCLOSURE BY THE CROWN IN CRIMINAL CASES FIRST ISSUED: DECEMBER 23, 1999 DOCUMENT TITLE: DISCLOSURE BY THE CROWN IN CRIMINAL CASES NATURE OF DOCUMENT: AG DIRECTIVE FIRST ISSUED: DECEMBER 23, 1999 ADDENDA: 1. Practice Note Re Certain Photographs and Recordings 2. Practice Note

More information

You ve reported a crime so what happens next?

You ve reported a crime so what happens next? You ve reported a crime so what happens next? This booklet tells you what you can expect from the Criminal Justice System, and explains: what happens now how to get advice and support your rights where

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

NHS Constitution. Access to health services:

NHS Constitution. Access to health services: NHS Constitution Patients and the public your rights and NHS pledges to you Everyone who uses the NHS should understand what legal rights they have. For this reason, important legal rights are summarised

More information

Information about INTERVENTION ORDERS

Information about INTERVENTION ORDERS Information about INTERVENTION ORDERS This publication has been prepared as a public service initiated by South Australia Police and, while every care has been taken in its preparation, no warranty is

More information

Sexual Offences (Procedure and Evidence) (Scotland) Bill

Sexual Offences (Procedure and Evidence) (Scotland) Bill Sexual Offences (Procedure and Evidence) (Scotland) Bill [AS INTRODUCED] Section CONTENTS Prohibition of personal conduct of defence by alleged sex offender 1 Prohibition of personal conduct of defence

More information

Gender Bias in the Law Catherine Fletcher State Prosecutor, Office of the Director of Public Prosecutions, Western Australia

Gender Bias in the Law Catherine Fletcher State Prosecutor, Office of the Director of Public Prosecutions, Western Australia Australian Women Lawyers 5 th National Conference 3-5 October 2014, Adelaide South Australia Gender Bias in the Law Catherine Fletcher State Prosecutor, Office of the Director of Public Prosecutions, Western

More information

EVIDENCE IN CHIEF REFORMS FOR VICTIMS OF DOMESTIC VIOLENCE -

EVIDENCE IN CHIEF REFORMS FOR VICTIMS OF DOMESTIC VIOLENCE - DVEC 1 EVIDENCE IN CHIEF REFORMS FOR VICTIMS OF DOMESTIC VIOLENCE - PRACTICAL ISSUES FOR DEFENCE LAWYERS NERISSA KEAY 2 TRIAL ADVOCATE 25 JUNE 2015 BRIEF OVERVIEW CRIMINAL PROCEDURE AMENDMENT (DOMESTIC

More information

The Family Violence Protection Act 2008

The Family Violence Protection Act 2008 Law Enforcement Client Newsletter The Family Violence Protection Act 2008 October 2008 The Family Violence Protection Act 2008 (the Act) was assented to on 23 September 2008. The Act is not yet in effect.

More information

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

SCALES OF COSTS Revised September 2012

SCALES OF COSTS Revised September 2012 SCALES OF COSTS Revised September 2012 2 INDEX DESCRIPTION PAGE General Notes 3 General Notes on Payments to Counsel 4 Criminal Law Scale of Costs for Payments to Counsel 6 Civil Law Scale of Costs for

More information

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ANTI-DISCRIMINATION LIST. Application under section 83 of the Equal Opportunity Act 1995 (Vic)

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ANTI-DISCRIMINATION LIST. Application under section 83 of the Equal Opportunity Act 1995 (Vic) VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ANTI-DISCRIMINATION LIST Application under section 83 of the Equal Opportunity Act 1995 (Vic) ABORIGINAL FAMILY VIOLENCE PREVENTION & LEGAL SERVICE (VICTORIA)

More information

Course like a Trial process with many case examples and notable trials discussed

Course like a Trial process with many case examples and notable trials discussed "THE LAW OR JUSTICE" SYNOPSIS OF U3A COURSE AN OVERVIEW/OUTLINE 1. Introduction and Explanation: Opening and Welcome to U3A course Course like a Trial process with many case examples and notable trials

More information

Scottish Court Service. People with Learning Disabilities and the Scottish Criminal Justice System. Information about Court

Scottish Court Service. People with Learning Disabilities and the Scottish Criminal Justice System. Information about Court Scottish Court Service People with Learning Disabilities and the Scottish Criminal Justice System Information about Court Written by: Dr. Keith Bowden, Consultant Clinical Psychologist, NHS Forth Valley

More information

Background Paper on Access to Justice for People with Disability in the Criminal Justice System

Background Paper on Access to Justice for People with Disability in the Criminal Justice System Background Paper on Access to Justice for People with Disability in the Criminal Justice System DLA Piper Australia 201 Elizabeth Street Sydney NSW 2000 Australia DX 107 Sydney T +61 2 9286 8000 F +61

More information

COUNCIL OF EUROPE COMMITTEE OF MINISTERS

COUNCIL OF EUROPE COMMITTEE OF MINISTERS COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors February 2010 This booklet is available in: (Bengali) (Punjabi) (Gujurati) (Welsh) (Tamil) (Traditional Chinese) (Somali) (French) (Polish) (Arabic) (Urdu) Introduction 1.1

More information

Courts & Our Legal System

Courts & Our Legal System Courts & Our Legal System 2012 (Version 1.0) This booklet has been prepared, published and distributed by the Public Legal Education Association of Saskatchewan (PLEA). The purpose of PLEA and this booklet

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

A Guide for Witnesses

A Guide for Witnesses Community Legal Information Association of Prince Edward Island, Inc. A Guide for Witnesses Introduction You may be called as a witness for either a criminal or civil trial. This pamphlet explains your

More information

A Barometer for Change: Provision of Services to Male Victims of Domestic Violence

A Barometer for Change: Provision of Services to Male Victims of Domestic Violence A Barometer for Change: Provision of Services to Male Victims of Domestic Violence We must be open to our own blinkers and refuse to simplify the complexities of our findings, even if this means we ask

More information

The Australian Charter of Healthcare Rights in Victoria

The Australian Charter of Healthcare Rights in Victoria The Australian Charter of Healthcare Rights in Victoria The Australian Charter of Healthcare Rights in Victoria The Australian Charter of Healthcare Rights The Australian Charter of Healthcare Rights describes

More information

Discussion Paper - Limitation periods in civil claims for child sexual abuse

Discussion Paper - Limitation periods in civil claims for child sexual abuse THE LAW SOCIETY OF NEW SOUTH WALES Our ref: Injury:JElw:942619 25 March 2015 Mr Andrew Cappie-Wood Secretary Department of Justice GPO Box 6 SYDNEY NSW 2001 By email: justice.policy@agd.nsw.gov.au Dear

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

Civil Justice for Victims of Crime in England and Wales

Civil Justice for Victims of Crime in England and Wales This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. www.simpsonmillar.co.uk Telephone:

More information

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES 1. BACKGROUND 1.1. The CPS is publicly accountable for the selection and performance

More information

NHS Constitution The NHS belongs to the people. This Constitution principles values rights pledges responsibilities

NHS Constitution The NHS belongs to the people. This Constitution principles values rights pledges responsibilities for England 21 January 2009 2 NHS Constitution The NHS belongs to the people. It is there to improve our health and well-being, supporting us to keep mentally and physically well, to get better when we

More information

11. Protection Orders and the Criminal Law

11. Protection Orders and the Criminal Law 11. Protection Orders and the Criminal Law Contents Introduction 433 Concurrent proceedings under family violence laws and the criminal law 433 Liability and use of evidence issues 434 Court-initiated

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

Sexual Assault of a Child VOIR DIRE QUESTIONS

Sexual Assault of a Child VOIR DIRE QUESTIONS ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If

More information

John Howard Society. Criminal Justice Education

John Howard Society. Criminal Justice Education Youth Criminal Justice Act HANDBOOK John Howard Society Criminal Justice Education Youth Criminal Justice Act Handbook Introduction... 4 To whom does the Act apply?... 4 To whom does the Act not apply?...

More information

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS

ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE ISSUES PAPER LEGAL REPRESENTATION AND JURISDICTIONAL LIMIT IN SMALL CLAIMS June 2013 Legal Policy Division Department of the Attorney-General and Justice

More information

Workplace Anti-Harassment Policy (Alberta)

Workplace Anti-Harassment Policy (Alberta) Workplace Anti-Harassment Policy (Alberta) Intent It is public policy in Canada to recognize the dignity and worth of every person and to provide for equal rights and opportunities free of discrimination.

More information

Victims of crime: Understanding the support you can expect

Victims of crime: Understanding the support you can expect Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police

More information

The World Bank Group Policy on Eradicating Harassment Guidelines for Implementation

The World Bank Group Policy on Eradicating Harassment Guidelines for Implementation 1.0 Introduction The World Bank Group Policy on Eradicating Harassment Guidelines for Implementation The World Bank Group is committed to fostering a workplace free of harassment and intimidation, where

More information

Australian Solicitors Conduct Rules

Australian Solicitors Conduct Rules Australian Solicitors Conduct Rules June 2011 Introduction The Law Council of Australia is the peak body for the Australian legal profession, representing around 56,000 Australian lawyers through the

More information

A GUIDE TO CRIMINAL INJURIES COMPENSATION

A GUIDE TO CRIMINAL INJURIES COMPENSATION A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced

More information

27. Evidence in Sexual Assault Proceedings

27. Evidence in Sexual Assault Proceedings 27. Evidence in Sexual Assault Proceedings Contents Introduction 1235 Evidence issues 1236 Sexual reputation and experience 1237 Evidence of witnesses who are not complainants 1238 Terminology 1239 Sexual

More information

Victim Services Program:

Victim Services Program: Victim Services Program: Mission Statement: To provide crisis intervention, emotional and judicial support and critical services referrals to aid victims and their children, and to promote community awareness

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

Victim Assist Queensland Police Case Study

Victim Assist Queensland Police Case Study Department of Justice and Attorney-General www.justice.qld.gov.au A guide for victims of crime in Queensland Victim Assist Queensland Tomorrow s Queensland: strong, green, smart, healthy and fair Section

More information

A guide for victims of crime in Queensland

A guide for victims of crime in Queensland Department of Justice and Attorney-General www.justice.qld.gov.au A guide for victims of crime in Queensland Victim Assist Queensland Tomorrow s Queensland: strong, green, smart, healthy and fair Section

More information