Victims’ rights in the criminal justice system

Information about the investigation

A victim will be informed about the progress of the investigation of the crime.  If some information can’t be shared with the victim because it may jeopardise the investigation, you must explain this to them.

Information about the prosecution and court matters

A victim will be informed of each major decision made about the prosecution of the accused, including the reasons.

This includes decisions about:

• the charges against the accused
• not charging the accused
• substantially changing the charges
• accepting a guilty plea to a lesser or different charge.

A victim will be informed about:

• the name of the person (or people if there are more than one) charged with the crime
• the issuing of a warrant for the arrest of the accused person (or people)
• details of relevant court processes, including when the victim may attend a court proceeding and the date and place of hearing at court of a charge against the accused
• details of an application for bail made by the accused, including any court hearings
• details of any diversionary programs available to the accused in relation to the crime, such as the Drug and Alcohol Court
• the outcome of a criminal proceeding against the accused, including the sentence imposed and the outcome of any appeal.

Information about bail applications

The victim will be informed about the accused’s bail application and any arrangements made for the accused’s release. This includes any special bail conditions that may impact the victim’s safety or welfare.

Information about the role of a witness

If the victim is a witness at the accused’s trial, they will be informed about the process and their role as a witness.

Contact with the accused at court

During a court proceeding, the victim will be protected from unnecessary contact, violence, or intimidation by:

• the accused
• defence witnesses
• family members and supporters of   the accused.

Victim impact statements

If the accused is found guilty, a victim may make or give a victim impact statement to the court. This will be taken into consideration by the court during the sentencing process.

Return of victim’s property

A victim’s property held by the state for an investigation or as evidence will be returned to the victim or their family, in the case of a victim’s death, as soon as possible.

Last updated:

19 February 2024