Who is a ‘Victim’ Under This Code?
This Code acknowledges that the terms ‘complainant’ and ‘survivor’ are often used in the criminal justice system to describe a person who has made a criminal allegation to the police. However, for the purpose of this Code, the definition of a ‘victim’ is:
- a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence.
- a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.
You can also receive Rights under this Code if you are:
- a parent or guardian of the victim if the victim is under 18 years of age or
- a nominated family spokesperson if the victim has a mental impairment or has been so badly injured because of a criminal offence that they are unable to communicate or lacks the capacity to do so.
All service providers must have the victim’s best interests as their primary consideration and take the victim’s age, maturity, views, needs and concerns fully into account.
Summary of Victims’ Rights
Right 1: To be able to understand and to be understood.
Right 2: To have the details of the crime recorded without unjustified delay.
Right 3: To be provided with information when reporting the crime.
Right 4: To be referred to services that support victims and have services and support tailored to your needs.
Right 5: To be provided with information about compensation.
Right 6: To be provided with information about the investigation and prosecution.
Right 7: To make a Victim Personal Statement.
Right 8: To be given information about the trial, trial process and your role as a witness.
Right 9: To be given information about the outcome of the case and any appeals.
Right 10: To be paid expenses and have property returned.
Right 11: To be given information about the offender following a conviction.
Right 12: To make a complaint about your Rights not being met.
How can we help you?
You don’t have to suffer in silence. Hate. let’s put a stop to it
Enhanced Rights
This Code acknowledges that victims who are considered vulnerable or intimidated, are a victim of the most serious crime (including a bereaved close relative) or have been persistently targeted are more likely to require specialised assistance (some victims may fall into one or more of these categories). Such support may include being offered a referral to a specialist support service, being contacted sooner after key decisions and having access to special measures (see Right 4) Within each individual Right this Code highlights where such Enhanced Rights apply.
Once a service provider has identified that you are eligible for Enhanced Rights, they must ensure that this information is passed to other service providers with responsibilities under this Code and, where appropriate, to services that support victims.
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