Australian Capital Territory Consolidated Acts

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VICTIMS OF CRIME ACT 1994 - SECT 4

Governing principles

In the administration of justice, the following principles are to, as far as practicable and appropriate, govern the treatment of victims:

        (a)     a victim should be dealt with at all times in a sympathetic, constructive and reassuring way and with appropriate regard to his or her personal situation, rights and dignity;

        (b)     a victim should be told at reasonable intervals (generally not more than 1 month) of the progress of police investigations about the relevant offence, except if the disclosure might jeopardise the investigation, and, in that case, the victim should be told accordingly;

        (c)     a victim should be told about the charges laid against the accused and of any modification of the charges;

        (d)     a victim should be told about any decision concerning the accused to accept a plea of guilty to a lesser charge or a guilty plea in return for a recommendation of leniency in sentencing;

        (e)     a victim should be told about any decision not to proceed with a charge against the accused;

        (f)     if any victim's property is held by the Territory for the purposes of investigation or evidence—inconvenience to the victim should be minimised and the property returned promptly;

        (g)     a victim should be told about the trial process and of the rights and responsibilities of witnesses;

        (h)     a victim should be protected from unnecessary contact with the accused and defence witnesses during the course of the trial;

              (i)     a victim's residential address should be withheld unless the court directs otherwise;

        (j)     a victim should not have to appear at preliminary hearings or committal proceedings unless the court directs the victim to appear;

        (k)     a victim should be given an explanation of the outcome of criminal proceedings and of any sentence and its implications;

        (l)     a victim who is known to have expressed concern about the need for protection from an offender should be told about the offender's impending release from custody.



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