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Declaration of Principles Governing the Treatment of Victims in the Criminal Justice System |
| The need for the Declaration arises out of local, national and international concern about the position of victims of crime in the criminal justice system. |
| The principles are not enforceable in criminal or civil proceedings; do not give rise to any right to damages for breach; and do not affect the conduct of criminal proceedings. However, public agencies and officials are authorised and required to have regard, and to give effect, to the principles so far as it is practicable to do so having regard to the other obligations binding on them. |
Principles 1 to 5 |
Principle 1 |
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A victim should be treated- (a) with courtesy, respect and sympathy; and (b) with due regard to any special need that arises- (i) because of the victim's- • age; or • sex; or • race or ethnicity; or • cultural or linguistic background; or (ii) for any other reason. |
Principle 2 |
| If a victim feels a need for protection from the alleged offender, a person representing the Crown in bail proceedings should ensure that the perceived need for protection is brought to the attention of the bail authority. |
Principle 3 |
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A victim should be informed, on request, about the following: (a) the progress of investigations into the offence; (b) the charge laid and details of the place and date of proceedings on the charge; (c) if a person has been charged with the offence-the name of the alleged offender; (d) if an application for bail is made by the alleged offender-the outcome of the application and, in particular, any condition imposed to protect the victim from the alleged offender; (e) if the prosecutor decides not to proceed with the charge, to amend the charge, or to accept a plea to a lesser charge or agrees with the defendant to make or support a recommendation for leniency-the reasons for the prosecutor's decision; (f) the outcome of the proceedings based on the charge and of any appeal from those proceedings; (g) details of any sentence imposed on the offender for the offence; (h) if the offender is sentenced to imprisonment and later makes an application for release on parole-the outcome of the proceedings and, in particular, any condition imposed to protect the victim from the offender. |
Principle 4 |
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A victim should be informed, on request, about the following: (a) if the alleged offender absconds before trial-the fact that he or she has absconded; (b) if the offender escapes from custody-the fact that he or she has escaped; (c) if the offender, having escaped from custody, is returned to custody-the fact that he or she has been returned to custody; (d) if the release of the offender into the community is imminent-details of when the offender is to be released. |
| Regarding principles 3 and 4, a victim is not entitled to information that might jeopardise the investigation of an offence. |
Principle 5 |
| A victim should be informed, on request, about procedures that may be available to deal with a grievance the victim may have for non-recognition or inadequate recognition of the victim's rights under this Declaration. |
