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VICTIMS OF CRIME ACT 1994 - SCHEDULE 1

[s. 3]

        [Heading amended: No. 19 of 2010 s. 4.]

        1.         A victim should be treated with courtesy and compassion and with respect for the victim’s dignity.

        2.         A victim should be given access to counselling about the availability of welfare, health, medical and legal assistance services and criminal injuries compensation.

        3.         A victim should be informed about the availability of lawful protection against violence and intimidation by the offender.

        4.         Inconvenience to a victim should be minimized.

        5.         The privacy of a victim should be protected.

        6.         A victim who has so requested should be kept informed about —

            (a)         the progress of the investigation into the offence (except where to do so may jeopardize the investigation); and

            (b)         charges laid; and

            (c)         any bail application made by the offender; and

            (d)         variations to the charges and the reasons for variations.

        7.         A victim who is a witness in the trial of the offender and has so requested should be informed about the trial process and the role of the victim as a witness in the prosecution of the offence.

        8.         A victim who has so requested should be informed about any sentence imposed on the offender, or any other order made in respect of the offender, as a result of the trial and about any appeal and the result of any appeal.

        9.         A victim’s property held by the Crown or the police for the purposes of investigation or evidence should be returned as soon as possible.

        10.         Arrangements should be made so that a victim’s views and concerns can be considered when a decision is being made about whether or not to release the offender from custody (otherwise than at the completion of a term of imprisonment or detention).

        11.         A victim who has so requested should be informed about the impending release of the offender from custody and, where appropriate, about the proposed residential address of the offender after release.

        12.         A victim who has so requested should be informed of any escape from custody by the offender.



Notes

This is a compilation of the Victims of Crime Act 1994 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title

Number and year

Assent

Commencement

Victims of Crime Act 1994

81 of 1994

23 Dec 1994

20 Jan 1995

Sentencing (Consequential Provisions) Act 1995 Pt. 79

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Victims of Crime Amendment Act 2004

30 of 2004

14 Oct 2004

14 Oct 2004 (see s. 2)

Reprint 1: The Victims of Crime Act 1994 as at 4 Mar 2005 (includes amendments listed above)

Parole and Sentencing Legislation Amendment Act 2006 s. 97

41 of 2006

22 Sep 2006

28 Jan 2007 (see s. 2 and Gazette 29 Dec 2006 p. 5867)

Prisons and Sentencing Legislation Amendment Act 2006 Pt. 12

65 of 2006

8 Dec 2006

4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491)

Acts Amendment (Justice) Act 2008 Pt. 25

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Standardisation of Formatting Act 2010 s. 4

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Reprint 2: The Victims of Crime Act 1994 as at 28 Oct 2011 (includes amendments listed above)

Criminal Law (Mental Impairment) Act 2023 s. 411

10 of 2023

13 Apr 2023

1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2)


Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
agency         4(1)
DPP         4(1)
guidelines         2
offence         2
prescribed information         4(1)
public officers and bodies         2
relevant enactment         4(1)
victim         2


© State of Western Australia 2024


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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State of Western Australia 2024


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By Authority: GEOFF O. LAWN, Government Printer




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