Victims of Crime in the Criminal Trial Process

The Commission delivered its report on Victims of Crime in the Criminal Trial Process to the Attorney-General by 1 September 2016. The report was tabled in Parliament on 22 November 2016.

The report and other documents can be downloaded from the links below. 

Implementation

25 September 2018: Justice Legislation Miscellaneous Amendment Bill 2018 received royal assent.  The bill will ensure that courts disallow improper questions, such as those that are misleading or confusing, harassing, intimidating, humiliating or repetitive (Recommendation 18).

11 September 2018: The Victims and Other Legislation Amendment Bill 2018 received royal assent. This bill implements a number of recommendations made by the Commission in its report on Victims of Crime in the Criminal Trial Process, including:

  • implementing Recommendation 1, inserting a paragraph into the Victims' Charter Act 2006 to recognise that a victim of crime has an inherent interest in the response by the criminal justice system to that crime 
  • requiring investigatory agencies, prosecuting agencies and victims' services agencies to respect the rights and entitlements of victims as participants in proceedings; in particular the needs of victims in rural and regional locations (Recommendations 15 and 16)
  • requiring the Department of Public Prosecutions to take all reasonable steps to advise a victim of the details of criminal proceedings and the progress of a prosecution (Recommendation 20); and to seek a victim's views regarding modifying charges, discontinuing a prosecution, or an appeal (Recommendation 24); and to provide reasons for decisions to a victim (Recommendation 9)
  • requiring the prosecuting agency to provide victims with information about the contents of a victim impact statement that may be ruled inadmissible (Recommendation 27)
  • setting up a complaints system for victims, relating to investigatory agency, prosecuting agency and victims' services agencies (Recommendation 7(a)
  • empowering the Victims of Crime Commissioner to investigate complaints from victims (Recommendation 8).

 

27 February 2018: Justice Legislation Amendment (Victims) Bill 2017 received royal assent. The bill introduces a role for intermediaries in court process (Recommendation 30 and 31).

 

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
View full timeline

Project Publications

Victims of Crime: Recommendations

  Chapter 3. The victim as a participant in the criminal trial process Articulating the role in statute 1The objects of the Victims’ Charter Act 2006...

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Victims of Crime in the Criminal Trial Process: Report (pdf and Word)

The Victorian Law Reform Commission’s report on the role of victims of crime in the criminal trial process was tabled in the Victorian Parliament on...

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Victims of Crime in the Criminal Trial Process: Report (html)

The Victorian Law Reform Commission’s report on the role of victims of crime in the criminal trial process was tabled in the Victorian Parliament on...

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Victims of Crime in the Criminal Trial Process: submissions received

The Commission received the following submissions in response to the consultation paper for the victims of crime reference. See the links below to...

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Victims of Crime: Summary of Consultation Paper

This document is a short (14-page) summary of the full consultation paper on the Role of Victims of Crime in the Criminal Trial Process.

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Victims of Crime: Consultation Paper (pdf and Word)

The Victorian Law Reform Commission has published a consultation paper seeking input on its review of the role of victims in the criminal trial...

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Victims of Crime: Consultation Paper (html)

The Victorian Law Reform Commission has published a consultation paper seeking input on its review of the role of victims in the criminal trial...

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Victims of Crime: Information Paper 4: Victims' Rights and Human Rights

This information paper is number four in a series of four that provides background information on the Commission's review of the role of victims of...

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Victims of Crime: Information Paper 3: The International Criminal Court

This information paper is number three in a series of four that provides background information on the Commission's review of the role of victims of...

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Victims of Crime: Information Paper 2: Who Are Victims of Crime?

This is the second information paper in a series of four that provide background information on the Commission's review of the role of victims of...

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Victims of Crime: Information Paper 1: History, Concepts and Theory

This information paper is number one of a series of four that provide background information on the Commission's review of the role of victims of...

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Victims of Crime in the Criminal Trial Process: Terms of Reference

[Referral to the Commission pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000 (Vic) on 27 October 2014.] The Victorian Law...

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