U3AOS1 Topic 4: The rights of victims


Study design dot point:

The rights of victims, including the right to give evidence using alternative arrangements, the right to be informed about the proceedings, and the right to be informed of the likely release date of the offender.

Preface:

- Typical questions for this topic are the same as the previous dot point relating to the rights of an accused. However, in this topic, each right has specific eligibility requirements that you NEED to understand. Questions with a stimulus that ask about the rights of a victim will need you to refer to a right that is applicable to that scenario. Otherwise, you may end up talking about a right that doesn't actually apply to the scenario. This depends on the amount of information on the stimulus provides. If it is a Section A question that offers very limited information and doesn't reference the specific type of offence that is in the case, then it is good practice to answer the question with reference to the eligibility requirements (this will be clarified in the later questions). However, if the stimulus provides extensive information, particularly specifying the type of offence, you need to identify which right is applicable based on the eligibility requirements. Not every right is available in every situation. 

- As with every study design dot point, ensure you check the key skills section. This is what the VCAA and your teachers will use to assess you. Typical questions will involve identifying, outlining, describing, or explaining the rights of victims. The 2024 VCAA sample questions for 3/4 Legal Studies demonstrate this. Similarly to the previous dot point, the VCAA will not ask questions about how the rights of victims directly uphold the principles of justice. 


The right of victims:

- The right to be informed about the proceedings.

- The right to be informed of the likely release date of the offender.

The right to give evidence using alternative arrangements.

  

The right to be informed about the proceedings:


- This right entails that victims of types of crimes have the ability to be provided with information, subject to certain limitations, regarding the criminal case that they are involved in. 

- The victim must choose to receive the information, and information about the proceedings may be withheld from the victim if it could adversely affect this investigation.

- The victim can receive information related to various aspects of their criminal proceedings, such as the outcomes of a trial or appeal, as well as the offences the accused has been charged with.

- This right is protected by the Victims' Charter Act 2006 (Vic).


The right to be informed of the likely release date of the offender:


- This right ensures that victims of specific types of offences are entitled to be informed of the likely release date of the offender.

- The victim must apply to be registered on the Victims Register in order to receive this information.

- Victims of the following offences are eligible to be registered on the Victims Register: family violence, armed robbery, assault, murder or manslaughter, culpable driving, stalking, kidnapping, threats to kill, and sexual offences.

- This right is protected by the Victims Charter Act 2006 (Vic) and the Corrections Act 1986 (Vic). 

The right to give evidence using alternative arrangements:


- This right ensures that victims of specific types of offences are entitled to give evidence via alternative arrangements. In other words. measures can be implemented to allow witnesses to give evidence in a non-standard way.

 - Victims of the following offences that relate, wholly or partly, to an offence for: sexual offences, family violence offences, summary offences involving the use of obscene or indecent language, and summary offences involving sexual exposure. 

- Types of alternative arrangements can include allowing witnesses to give evidence from a location other than the courtroom, such as through closed-circuit television (CCTV), or permitting a witness to have a support person beside them while they give evidence.

- The purpose of this right is to ensure that trauma, distress and intimidation are mitigated as best as possible. This right helps mitigate or reduce the risk of victims suffering secondary trauma, particularly in cases where it is related to sexual/family violence offences. 

- This right is outlined and protected by the Criminal Procedure Act 2009 (Vic). 

Example 1

Question 1 (2 marks)

Identify two rights of victims in the Victorian criminal justice system.

Firstly, consider the task word used. Here, the task word is 'identify', meaning the question requires you to recognise two rights of victims in the Victorian criminal justice system. Any two rights of victims out of the three covered can be used to answer this question.

A possible answer may be:

- Two rights of victims are the right to give evidence using alternative arrangements and the right to be informed about the proceedings.

(Any two rights can be used in this case)

Example 2

Question 2 (7 marks)

Nick, a 30-year-old unemployed man, was recently charged with armed robbery and assault after attempting to rob a bank. The crime resulted into two victims, Bob and Jake, being physically harmed. Nick was found guilty in court, and the court imposed a five-year term of imprisonment. Nick appealed the sanction for being excessive.

a) With reference to the scenario above, explain the victim's right to be informed of about the proceedings of this case. (3 marks)

b) Describe one right of an accused and one right of a victim in the Victorian criminal justice system. (4 marks)

a) Firstly, consider the task word used. Here, the task word used is 'explain', which requires students to "give a detailed account of why and/or how, with reference to causes, effects, continuity, change, reasons or mechanisms, and make the relationships between things evident". In the context of this question, students need to provide a detailed account of the concept of the right to be informed about the likely release date of the offender, with reference to the stimulus. Make sure to reference the features of this right and explain how it relates to the victim's case in the scenario provided above.

b) Firstly, consider the task word used here. The task word is 'describe', which requires students to "provide characteristics, features, and qualities of a given concept, opinion, situation, event, process, effect, argument, narrative, text, experiment, artwork, performance piece, or other artefact in an accurate way." In the context of this question, students need to provide the characteristics and features of the rights of the accused and the victim, highlighting it in reference to the scenario provided above.

Possible answers may include:

a) Bob and Jake have the right to be informed about the proceedings, meaning they are entitled to receive information, subject to certain limitations, regarding the criminal case they are involved in. Bob and Jake can receive information related to various aspects of their case, such as the outcome of the appeal that Nick has lodged concerning the sanction being excessive. Bob and Jake are entitled to be provided with this information under the Victims' Charter Act 2006 (Vic).

Example 3

Question 3 (3 marks)

A recent legal critic wrote, "The victim's right to be informed about the likely release date of the offender is subject to certain limitations." Explain what this statement means. 

Firstly, consider the task word used. Here, the task word used is 'explain', which requires students to "give a detailed account of why and/or how, with reference to causes, effects, continuity, change, reasons or mechanisms, and make the relationships between things evident." Here, students would need to understand what the limitations of this right include, which was mentioned in the notes above. Students should directly address all aspects of the question for full marks. Do not forgot to address the statement, and avoid merely defining the concept in isolation as that is not required. Ensure the response aligns with what the question asks for.