As a victim of crime, you have rights that protect you and make sure you're treated fairly by the criminal justice system in South Australia.
These rights are a summarised version of the list contained within the Victims of Crime Act 2001.
They are an important guide to help you understand what to expect as a victim.
You have a right to complain if you believe your rights have not been respected.
Kindness, respect, sympathy and privacy
You will be treated with kindness, respect and sympathy taking into account your needs.
You can keep your address and phone numbers private unless the court says otherwise.
Information about services
You will be told as soon as possible about the different services that can help you.
Information about the investigation of the crime
If you ask, you will be told about how the police investigation is going. Sometimes there may be things the police can't tell you.
If any of your property was taken for evidence you have the right to get it back as soon as possible.
Right to make a complaint
You can make a complaint if you do not think you have been treated properly. You can ask for information about how to do this.
Information about bail
If you ask, you should be told if an alleged offender applies for bail and the outcome.
If you are concerned about your safety you should tell a police officer or prosecutor. They must listen to your concerns.
You should be told of any conditions to protect you.
Information about the prosecution of the accused
If you ask, you should be told of any decision to change or drop the charges. You should be told the reason for this decision.
If you are a victim of a serious offence you should be consulted before a decision is made.
Information about attending court and the trial
You have a right to go to court in most cases.
You should only be asked to attend court if it is genuinely necessary. You will be told if you must attend.
If you have to give evidence as a witness in a trial you will be told about how the trial works and what you have to do.
Information about compensation or restitution
You should be given information about restitution and compensation for harm suffered as a result of the crime.
If you want restitution for property loss or property damage you should tell the investigating officer or prosecutor. The prosecutor can tell the court about your request for restitution.
Victim Impact Statement at sentencing
If a person is found guilty you can tell the court how the crime has affected you.
This is called a Victim Impact Statement. You can ask for help to do this.
Information about court outcomes and reviews
If you ask, you should be told about the court outcome including details of the sentence. You should also be told about any potential appeals process.
If you are unhappy with an outcome, like the sentence, you can ask the prosecutor to consider an appeal.
You must ask within 10 days of the outome or sentence.
Release or escape of an offender
If you ask, you can be told:
- when an offender is to be released from custody
- when an offender completes their community service or if they have complied with the conditions of a bond
- if an offender escapes and when they are back in custody.
You must ask the Department for Correctional Services to put your name on the Victims' Register if you want to receive this type of information.
Submissions to the Parole Board and outcomes of Parole Hearings
You can have a say if your offender applies for parole. The Commissioner for Victims' Rights can help you with a submission to the Parole Board.
If you ask, you should be told the outcome of the parole proceedings - especially if there are any conditions to protect you.
You should also be told if a mentally incompetent offender applies to vary or revoke a licence.
