Charter of Rights for Victims of Crime
For the purposes of this Charter, a victim of crime is a person who, through or by means of a criminal offence (whether or not any person is convicted of that offence), suffers physical or emotional harm, or loss or damage to property; and, where an offence results in death, the members of the immediate family of the deceased.
This charter recognises that a victim shall have the right:-
- To be dealt with at all times in a sympathetic, constructive and reassuring manner with due regard to the victim’s personal situation, rights and dignity.
- To be informed upon request about the progress of investigations being conducted by police (except where such disclosure might jeopardise the investigation).
- To be advised upon request of the charges laid against the accused and of any modifications to such charges and the reasons for such modifications, and where appropriate, the reasons for charges not being laid.
- To be advised upon request of the reasons for accepting a plea of guilty to a lesser charge.
- To be advised of the entering of a nolle prosequi, the filling of a no bill or the adjournment of charges sine die when the decision is taken not to proceed with charges, and upon request, the reasons for taking such action.
- To have property held by the Crown for the purposes of investigation or evidence returned as promptly as possible. Inconveniences to victims should be minimised wherever possible.
- To be informed about the trial processes and of the rights and responsibilities of witnesses.
- To be protected from unnecessary contact with the accused and defence witnesses during the course of the trial.
- To not have his/her residential address disclosed unless deemed material to the defence.
- To not be required to appear at preliminary hearings or committal proceedings unless deemed material to the defence.
- To have his/her need or perceived need for physical protection put by the prosecutor before a bail authority which is determining and application for bail by the accused person.
- To be advised upon request of the outcome of all bail applications and be informed of any conditions of bail which are designed to protect the victim from the accused.
- To have the full effects of the crime upon him/her made known to the sentencing court by the prosecutor in matters relating to offences of sexual assault or other personal violence.
- To be advised upon request of the outcome of criminal proceedings and be fully appraised of the sentence when imposed and its implications.
- To be notified upon request of an offender’s impending release from custody, where the offender has been imprisoned in relation to offences of sexual assault or other personal violence.