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The Role of Victims of Crime in the Criminal Trial Process REPORT AUGUST 2016 Published by the Victorian Law Reform Commission Chair the Hon

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The Role of Victims of Crime in the Criminal Trial Process REPORT AUGUST 2016 Published by the Victorian Law Reform Commission Chair the Hon The Role of Victims of Crime in the Criminal Trial Process REPORT AUGUST 2016 Published by the Victorian Law Reform Commission CHAIR The Hon. Philip Cummins AM The Victorian Law Reform Commission was established under the Victorian Law Reform Commission Act 2000 COMMISSIONERS as a central agency for developing law reform in Victoria. Liana Buchanan Helen Fatouros © Victorian Law Reform Commission 2016. Bruce Gardner PSM This work is protected by the laws of copyright. Except for Dr Ian Hardingham QC any uses permitted under the Copyright Act 1968 (Cth) or His Honour David Jones AM equivalent overseas legislation, no part of this work may be Eamonn Moran PSM QC reproduced by any process without the written permission Alison O’Brien of the publisher. All rights reserved. The Hon. Frank Vincent AO QC This publication of the Victorian Law Reform Commission CHIEF EXECUTIVE OFFICER follows the Melbourne University Law Review Association Inc, Merrin Mason Australian Guide to Legal Citation (3rd ed., 2010). REFERENCE TEAM This report reflects the law as at 4 August 2016. Lindy Smith (team leader November 2015–August 2016) National Library of Australia Cataloguing-in-Publication data Peta Murphy (team leader January–August 2015) The Role of Victims of Crime in the Criminal Trial Process: Report / Victorian Law Reform Commission Megan Pearce (research and policy officer) ISBN: 9780994372369 Adrianne Walters Series: Report (Victorian Law Reform Commission) 34 (research and policy officer) Includes bibliographical references. Claire Leyden-Duval Subjects: (research assistant) Trial practice—Victoria COVER DESIGN Criminal procedure—Victoria Letterbox Victims of crimes—Victoria. TEXT LAYOUT Dewey Number: 345.94505 GH2 Design Ordered to be published Victorian Government Printer PP 181, Session 2014–16 The Role of Victims of Crime in the Criminal Trial Process REPORT AUGUST 2016 Victorian Law Level 3 Telephone Email Reform Commission 333 Queen Street +61 3 8608 7800 [email protected] GPO Box 4637 Melbourne Freecall www.lawreform.vic.gov.au Melbourne Victoria 3000 1300 666 555 Victoria 3001 Australia (within Victoria) Australia Fax DX 144, Melbourne +61 3 8608 7888 VLRC_VictimRole_Report_TitlePage.indd 1 17/08/16 2:44 PM Victorian Law Reform Commission The Role of Victims of Crime in the Criminal Trial Process: Report Contents Preface .......................................................................................................................................vi Terms of reference ..................................................................................................................viii Glossary .....................................................................................................................................ix Executive summary .................................................................................................................xii Recommendations ..................................................................................................................xxi 1 Introduction ..........................................................................................................................2 Terms of reference ...........................................................................................................2 Scope of the reference ....................................................................................................2 ‘Victim’ ..........................................................................................................................2 The ‘criminal trial process’ ..............................................................................................3 The incidence and impact of crime ................................................................................4 Statistical data ...............................................................................................................4 The impact of crime on victims ......................................................................................6 The Commission’s process ...............................................................................................7 Victims of Crime Division................................................................................................7 Reference framework: theory and practice .....................................................................7 Information papers .......................................................................................................8 Consultation paper ........................................................................................................8 Submissions ...................................................................................................................8 Consultations .................................................................................................................8 Concurrent developments ...............................................................................................9 Victorian Royal Commission into Family Violence ............................................................9 Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse ...9 Structure of this report ....................................................................................................9 2 The evolution of the victim’s role ......................................................................................12 Introduction ................................................................................................................... 12 The adversarial criminal trial ......................................................................................... 12 Drivers of reform ............................................................................................................ 14 Law and policy reform in Victoria ................................................................................ 15 ii Recognition of the victim’s interest in the criminal trial process ..................................... 15 Enabling and supporting the victim’s participation in the criminal trial process .............. 17 Reforms to evidence law and court procedure .............................................................. 18 Expansion of opportunities to participate ..................................................................... 19 Financial reparation for harm ........................................................................................ 19 3 The victim as a participant in the criminal trial process ..................................................22 Introduction ...................................................................................................................22 The need to reassess the victim’s role .........................................................................22 Driving cultural change ................................................................................................23 Clarifying expectations and entitlements ..................................................................... 24 Guiding future reform .................................................................................................. 24 Recognising the victim’s interest ..................................................................................24 The victim’s inherent interest ....................................................................................... 24 Recognising the victim’s interest within a fair trial .........................................................25 The victim as a participant ............................................................................................29 Describing the role in law and practice .........................................................................29 Nature of the role ........................................................................................................30 The role in practice .......................................................................................................31 Victims’ expectations of what their role should be ....................................................... 31 Victims’ rights and entitlements ...................................................................................32 Respect .......................................................................................................................33 Information and support ..............................................................................................33 Participation .................................................................................................................33 Protection ...................................................................................................................34 Financial reparation ......................................................................................................34 Articulating the role in statute .....................................................................................34 Victims’ Charter Act .....................................................................................................34 Charter of Human Rights and Responsibilities Act .......................................................35 4 Consolidating the role in practice .....................................................................................44 Introduction ..................................................................................................................44
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