Declaration of Principles Governing the Treatment of Victims of Crime

 

Principles 11 to 20

Principle 11

If a victim's property is taken for investigation or for use as evidence, the property should, if practicable, be returned to the victim as soon as it appears that it is no longer required for the purposes for which it was taken.

Principle 12

A victim is entitled to have any injury, loss or damage suffered as a result of the offence considered by the sentencing court before it passes sentence.

Principle 13

A victim should have access to information about how to obtain compensation or restitution for harm suffered as a result of the offence.

If the prosecutor is empowered to make an application for restitution or compensation on behalf of a victim in criminal proceedings—

(a) the prosecutor should bring that fact to the attention of the victim; and

(b) should, if asked to do so by the victim—

  1. make the application on the victim's behalf; and

  2. bring to the attention of the court any relevant information provided by the victim in   connection with the application.

Principle 14

A victim should be informed, on request, about:

(a) the outcome of the proceedings based on the charge and of any appeal from those proceedings;

(b) details of any sentence imposed on the offender for the offence.

Principle 15

A victim who is dissatisfied with a determination (for example the sentence) made in relation to the relevant criminal proceedings (being a determination against which the prosecution is entitled to appeal) may request the prosecution to consider an appeal against the determination.  A victim must make this request within 10 days after the making of the determination.  The prosecution must then give due consideration to that request.

Principle 16

A victim should be informed, on request

(a) if the release of the offender into the community is imminent—details of when the offender is to be released.

(b) if the offender was ordered to undertake community service — whether the offender completed the community service; and

(c) if the offender was subject to a bond—whether the conditions of the bond were complied with.

Principle 17

A victim of an offence is entitled to make written submissions to the Parole Board on questions affecting the parole of a person imprisoned for the offence.

Principle 18

A victim should be informed, on request:

(a) 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.

(b) if the offender is subject to a supervision order under Part 8A of the Criminal Law Consolidation Act 1935 (which applies to mentally incompetent offenders) and the offender, or any other person, later makes an application for variation or revocation of the 20 order or an application for review of the supervision order is made — the outcome of the proceedings and, in particular, if the offender is released on licence, any conditions imposed on the licence.

Principle 19

A victim should be informed, on request:

(a) if the 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.

 

Principle 20

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.

 
Last Modified: 11 May, 2007
URL: http://www.voc.sa.gov.au