Quick questions on The rights of an accused and victims in the criminal justice system: VCE Legal Studies

Right to silence. The common law right confirmed in R v Petty (1991) 173 CLR 95. Reinforced in Victoria by the Evidence Act 2008 (Vic) s 89 (no adverse inference from silence at trial) and s 89A (limited circumstances for adverse inference from pre-trial silence in serious indictable offences). The Charter of Human Rights and Responsibilities Act 2006 (Vic) s 25(2)(k) protects the right not to be compelled to confess guilt.

Victims' Charter Act 2006 (Vic). Sets out principles that guide agencies' responses to victims, including respect, information, protection of privacy, and provision of services.

The rights of the accused and the rights of victims are not always in tension, but some balancing is required:

The common law right confirmed in R v Petty (1991) 173 CLR 95. Reinforced in Victoria by the Evidence Act 2008 (Vic) s 89 (no adverse inference from silence at trial) and s 89A (limited circumstances for adverse inference from pre-trial silence in serious indictable offences). The Charter of Human Rights and Responsibilities Act 2006 (Vic) s 25(2)(k) protects the right not to be compelled to confess guilt.

A fundamental common-law right (Dietrich v The Queen (1992) 177 CLR 292) and protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 24 and 25. Includes the presumption of innocence, the right to know the charge, adequate time to prepare a defence, and the right to legal representation.

For indictable Commonwealth offences under s 80 of the Constitution. For indictable Victorian offences under the Juries Act 2000 (Vic). A jury comprises 12 jurors; verdicts must be unanimous in Victoria for indictable matters (Juries Act 2000 (Vic) s 46).

Not absolute but protected by Dietrich v The Queen (1992) 177 CLR 292 (a trial of a serious offence may be stayed where the accused is unrepresented and would be denied a fair trial). Victoria Legal Aid provides legal aid under the Legal Aid Act 1978 (Vic).

Charter of Human Rights and Responsibilities Act 2006 (Vic) s 25(2)(c). Pandemic and post-pandemic delays in the County and Supreme Courts have stretched this.

Sets out principles that guide agencies' responses to victims, including respect, information, protection of privacy, and provision of services.

Section 7 of the Victims' Charter Act 2006 (Vic) requires investigating agencies to provide victims with information about the progress of the investigation.

Victim impact statements are admissible at sentencing under s 8K of the Sentencing Act 1991 (Vic). The statement informs the sentence but does not bind the court (R v Slack (2004) 58 NSWLR 552 is the leading NSW comparator and reflects the same principle).

The Criminal Procedure Act 2009 (Vic) Part 8.2 provides for special arrangements for protected witnesses (children, complainants in sexual offences and family violence matters). Includes remote witness rooms, screens, and pre-recorded evidence-in-chief.

The Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) (commenced 1 July 2024) replaced the Victims of Crime Assistance Tribunal with an administrative scheme administered by the Victims of Crime Assistance Tribunal. The Sentencing Act 1991 (Vic) Part 4 allows the court to make restitution and compensation orders against offenders.