Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

Victorian Law Reform Commission
Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper
Victims in CMIA matters
2.69 The Second Reading Speech for the Crimes (Mental Impairment and Unfitness to be
Tried) Bill highlighted that the legislation sought to give ‘due consideration to the issue
of victims’ rights’. 69 These rights underpin various provisions of the CMIA relating to the
Director of Public Prosecution’s obligation to give notice of particular hearings and provide
information about outcomes in hearings to victims of offences in matters under the
CMIA. 70 They also underpin the right of victims under section 42 of the CMIA to provide
information in a report to the court for various purposes. 71
2.70 The Victims’ Charter Act 2006 (Vic) also underpins these provisions as the key piece of
legislation in recognising the ‘principles that govern the response to persons adversely affected
by crime by investigatory agencies, prosecuting agencies and victims’ services agencies’. 72
2.71 The Victims’ Charter Act sets out general principles governing the response to victims of
crime. It states that:
All persons adversely affected by crime are to be treated with courtesy, respect and
dignity by investigatory agencies, prosecuting agencies and victims’ services agencies. 73
2.72 As part of the principles, the Victims’ Charter Act also sets out the rights of victims of
crime, including the right to have particular information about relevant processes and
court proceedings and their outcomes. 74 The Victims’ Charter Act also allows victims to
provide information to the court via a process for making a ‘victim impact statement’ that
may be considered by the court in determining the sentence of the offender. 75
2.73 The Sentencing Act 1991 (Vic) also recognises this right by allowing a victim to make a
victim impact statement to assist the court in determining sentence. The statement may
include information on the impact of the offence on the victim and any injury, loss or
damage suffered by the victim as a direct result of the offence. 76
2.74 Since the CMIA was introduced in 1997, there has been substantial development in the
conceptualisation of victims’ rights and interests in court procedures and decision making.
A potential issue for consideration, discussed in Chapter 9 at [9.77]–[9.86], is whether the
CMIA sufficiently reflects these developments.
2.75 The Office of Public Prosecutions has recently produced a guide for victims involved in
CMIA matters to facilitate greater participation by them in the prosecution process. 77 This
reflects the increasing recognition of the importance of victims’ rights and participation in
CMIA processes.
2.76 The guide explains the court process where people with a mental condition are
prosecuted for serious crimes and outlines the circumstances under which a victim or
family member report can be made. It is aimed at increasing the input from victims, both
at the initial stages of the process in prosecution, but also at the stages when supervision
orders are made and reviewed by the court. In launching the guide in November 2012,
the Director of Public Prosecutions, John Champion SC said:
The development of this brochure will give victims involved in mental impairment matters
a voice; facilitate greater participation by them in the prosecution process; and will give
the court a more complete picture of the circumstances of the offending and the impact
of the crime that may not otherwise have been provided by the prosecution during
various hearings. 78
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69 Victoria, Parliamentary Debates, Legislative Assembly, 18 September 1997, 185 (Jan Wade, Attorney-General).
70 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) ss 38C, 38E, 74.
71 Ibid s 42(1).
72 Victims’ Charter Act 2006 (Vic) s 1(a).
73 Ibid s 6(1).
74 This includes the Victims Register, which is a tool that assists in providing information to victims on offenders: Victims’ Charter Act 2006
(Vic) s 17.
75 Victims’ Charter Act 2006 (Vic) s 17.
76 Sentencing Act 1991 (Vic) ss 8K–8L.
77 Office of Public Prosecutions, Prosecuting Mental Impairment Matters (2012).
78 Office of Public Prosecutions, ‘Guide to assist victims in mental impairment prosecutions’ (Media Release, 28 November 2012) 1.