Victims of Crime

The Attorney General issued terms of reference to the Committee in December 1990. The Committee released an Issues Paper in 1991. The Committee transmitted its final report to the Attorney General on 8/9/93. It was tabled in the ACT Legislative Assembly on 15/9/93.

The report considers the use of victim impact statements in the ACT, victim-offender mediation, the criminal injuries compensation scheme and other general administrative and legislative measures designed to ensure that justice is provided to victims of crime.

The report was largely adopted by the Assembly in December 1994.

Summary of Recommendations

• Summary
• Definition of 'Victims of Crime'
• Needs of Victims to be met by the Criminal Justice System
• Victim Impact Statements (VIS)
• Victim-Offender Process of Attempted Reconciliation
• Criminal Injuries Compensation
• The Criminal Justice System and the Intellectually Impaired Victim
• Coordination
• Implementation
• Evaluation
• Unsworn Statements
• Operation of the Process

Body of Report

1. INTRODUCTION
   1. History of Victims' Rights
   2. Victims' Rights - the Debate
   3. The Current Legislative Position in the ACT
2. WHO IS A VICTIM OF CRIME?
   1. A Definition for the Purposes of this Report
      1. Offences Against the Person
      2. Offences Relating to Property
      3. Secondary Victims
      4. Victims Not Coming Within the Scope of This Report
3. VICTIMS, CRIME AND THE CRIMINAL JUSTICE SYSTEM
   1. The Effect of Crime on its Victim
   2. The Victim in the Criminal Justice System
   3. Community Based Victims' Assistance Groups
   4. Theoretical Foundations for the Provision of Victim Services
   5. Needs of Victims to be met by the Criminal Justice System
      1. General Issues
      2. Fundamental Principles of Victims' Rights - Fair Hearing and Unbiased Decision-making
      3. Counselling
      4. Information
      5. Victims as Witnesses
      6. Contact with the Offender
      7. Bail
      8. Sentencing
      9. Parole
   6. Addressing the Needs of Victims of Crime - An ACT Declaration of Victims' Rights
4. VICTIM IMPACT STATEMENTS
   1. What is a Victim Impact Statement?
   2. Victim Impact and Current Sentencing Procedures
   3. Victim Impact Statements - Criticisms
   4. Submissions Received by the Committee
   5. The Use of Victim Impact Statements in the ACT
   6. Practical Considerations for the Implementation of Victim Impact Statements
      1. The purpose of Victim Impact Statements
      2. Patterns of Victim Participation
      3. For which offences should Victim Impact Statements be used?
      4. Format of Victim Impact Statements
      5. Preparation of Victim Impact Statements
      6. Venue for Collection
      7. When should Victim Impact Statements be completed?
      8. Verification of Victim Impact Statements
      9. Distribution of the Victim Impact Statements to Counsel
      10. Notification to the Court of the Use of a Victim Impact Statement
      11. Use of the Victim Impact Statement
      12. Cross-Examination on Victim Impact Statements
      13. Would Victim Impact Statements place too heavy a burden on the Criminal Justice System?
      14. Victim Satisfaction
      15. Would Victim Impact Statements unduly influence sentencing judges?
5. VICTIM-OFFENDER PROCESS OF ATTEMPTED RECONCILIATION
   1. Victim-Offender Reconciliation in Canada
   2. Why Attempted Reconciliation?
   3. What is the Process of Attempted Reconciliation?
   4. Theoretical Basis for Employing a Process of Attempted Reconciliation
   5. Process of Attempted Reconciliation - Issues for Consideration
      1. Benefits to be Achieved From the Process of Attempted Reconciliation
      2. The Aim of the Process of Attempted Reconciliation
      3. Victim Attendance
      4. Offender Attendance
   6. Mechanics
      1. Selection of Participants
      2. When Should the Process of Attempted Reconciliation Occur?
      3. Who Should Facilitate the Process of Attempted Reconciliation?
      4. Should the Agreements be Legally Enforceable?
      5. Statutory Recognition of the Process of Attempted Reconciliation
   7. Trial Process of Attempted Reconciliation Project
6. CRIMINAL INJURIES COMPENSATION
   1. Introduction
   2. Theoretical Justifications of Criminal Injuries Compensation
   3. Criminal Injuries Compensation in the ACT - the Theory
   4. Criminal Injuries Compensation in the ACT - the Practice
   5. ACT Criminal Injuries Compensation
      1. In need of Reform?
      2. Formality
      3. Appearance by the Territory
      4. Appearance by the Victim
      5. Delay
      6. Jurisdiction
      7. Amount of Compensation
      8. Publication of details of an award
      9. Costs
      10. Legal Representation of the Offender
7. OTHER MATTERS FOR CONSIDERATION
   1. Children as Victims
   2. The Criminal Justice System and the Intellectually Disadvantaged Victim
   3. Domestic Violence
8. COORDINATION
9. IMPLEMENTATION
   1. Legislative Change Required
   2. Education
   3. Funding
10. EVALUATION
    1. Options
       1. Formal evaluation required by legislation
       2. Evaluation by Victims of Crime Coordinator
       3. Evaluation by a consultant
       4. Evaluation by a non-statutory committee
    2. Complaints
    3. Recommendation
11. HEALING THE VICTIMS OF CRIME

Appendices

• 'UNITED NATIONS DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER'
  1. Access to justice and fair treatment
  2. Restitution
  3. Compensation
  4. Assistance
• DEPARTMENT OF JUSTICE, CANADA, VICTIM IMPACT STATEMENTS IN CANADA. VOLUME 7. SUMMARY OF FINDINGS, DEPARTMENT OF JUSTICE, TORONTO, 1990, PP. 3-9.
  1. 'DESCRIPTIONS OF THE FIVE COMPLETED PROJECTS'
  2. RESEARCH METHODOLOGY
     1. Research Designs
     2. Data Sources
• DAVID DAUBNEY, TAKING RESPONSIBILITY. REPORT OF THE STANDING COMMITTEE ON JUSTICE AND SOLICITOR GENERAL ON ITS REVIEW OF SENTENCING, CONDITIONAL RELEASE AND RELATED ASPECTS OF CORRECTIONS, PRINTER FOR CANADA, TORONTO, AUGUST 1988, PP. 90-97
  1. 'VICTIM-OFFENDER RECONCILIATION PROGRAMS'
     1. a.In General
     2. b.Oklahoma Post-Conviction Mediation Program
     3. c.Genesee Justice - Dealing with Violence
• MARGARET CUNNEEN, 'PREPARING THE CHILD WITNESS', IN CHILDREN AS WITNESSES. PROCEEDINGS OF A CONFERENCE HELD 3-5 MAY 1988, AUSTRALIAN INSTITUTE OF CRIMINOLOGY, CANBERRA, 1991, PP. 71-76
  1. 'PREPARING THE CHILD WITNESS'
     1. Role of personnel
     2. The court process
     3. Giving evidence
     4. Statements
     5. The court layout and personnel
     6. The child victim is the most important person in court
     7. The child victim is the boss
     8. Answering questions in court
  2. Conclusion
• BIBLIOGRAPHY
  1. Monographs
  2. Articles
  3. Speeches
  4. Cases
  5. Statutes
  6. Other
• FORMAL
  1. Citation
  2. Authorship
  3. Copyright Information
• Terms of Reference
• Participants
  1. The Committee
  2. Sub-Committee in Charge of Reference
  3. Research Officers: