DPP Guidelines

DPP HOME PAGE OFFICE LOCATIONS ROLE OF THE DPP EMPLOYMENT	GUIDELINES WITNESS ASSISTANCE ABORIGINAL SUPPORT CASE SUMMARIES
PROVISION OF INTERPRETERS PROGRESS OF A TYPICAL MATTER FROM CHARGE TO TRIAL

11	Witness Assistance Service

	General Statement

11.1	The Witness Assistance Service (WAS) is a unit within the ODPP and its role is to provide support to witnesses, victims and their families in the criminal justice process. A prosecutor is expected to work with and consult with the assigned WAS officer in every case until completion.

11.2	WAS allocates its resources according to need. Priority is given to special needs witnesses, which include the following categories:

	(1)	vulnerable witnesses as defined by section 21A Evidence Act, namely a witness who:

		(a)	is a child (under 18 years of age),
		(b)	suffers from an intellectual disability,
		(c)	is the alleged victim of a sexual offence, or
		(d)	is under a special disability (including for example a witness who suffers a physical, sensory or psychiatric disability);

	(2)	Indigenous witnesses or witnesses from non-English speaking backgrounds;
	(3)	victims of domestic violence;
	(4)	families of deceased victims; and
	(5)	elderly witnesses.

11.3	Prosecutors are required to notify WAS at the earliest opportunity whenever they identify a special needs witness in a matter in which they are involved.

	Functions of Witness Assistance Service

11.4	WAS provides the following services to its clients:

	(1)	assisting clients to understand the court and legal process;
	(2)	showing clients the court and facilities for witnesses before they are required to give evidence;
	(3)	supporting clients in court or while waiting to give evidence;
	(4)	informing prosecutors, police or court staff of any special needs of the client;
	(5)	referring clients to appropriate welfare, health, counselling and other legal services;
	(6)	providing victims with information about financial assistance available under the Crimes (Victims Assistance) Act;
	(7)	booking interpreters; and
	(8)	assisting victims with the preparation of victim impact statements or reports.

11.5	Special needs witnesses should appropriately and at an early stage have explained to them the prosecution process and their role in it. Prosecutors are required to make contact with special needs witnesses and provide ongoing information about the progress of the case. This may be done directly by the prosecutor or with the requested assistance of an allocated WAS officer.

	Information to Victims

11.6	Victims of crime should be informed in a timely manner of:
	(1)	charges laid against any offender for the crime, and any changes to these charges;
	(2)	reasons for not laying charges or for not proceeding with charges;
	(3)	where and when the matter is to come before court;
	(4)	the trial process and the rights and responsibilities of witnesses;
	(5)	whether or not bail has been granted and any bail conditions relating to protecting witnesses from the offender;
	(6)	reasons for accepting a plea of guilty to a lesser charge, and
	(7)	the outcome of criminal proceedings (including any appeal) and the sentence (if imposed).

	Consultation

11.7	Where the offence is sexual in nature or results in bodily harm (including mental illness) to the victim, prosecutors should consider, in conjunction with the WAS officer, whether to consult the victim before any decision is made to charge, change a charge, discontinue a charge, or accept a plea to a lesser charge (unless the victim has indicated a wish not to be consulted or the whereabouts of the victim cannot be ascertained after reasonable inquiry).

11.8	WAS should be informed of any such consultation so that appropriate support to the victim can be provided. Where a recommendation is made by a prosecutor, either verbally or in writing, the recommendation will include details of contact with the victim and the victim’s expressed wishes (if available).

11.9	In all cases involving indictable offences, where there is an identifiable victim it will be appropriate to seek and take into account the views of victims when making decisions about prosecutions (in particular before recommending or accepting any plea to a lesser charge or when settling a matter on negotiated facts); but those views will not alone be determinative. It is the public, not any private individual or sectional interest that must be served. Any views expressed should be recorded on the file.

11.10	Careful consideration should be given to any request by a victim that proceedings be discontinued. However, the expressed wishes of victims may not coincide with the public interest and in such cases, particularly where there is other evidence implicating the offender or where the gravity of the alleged offence requires it, the public interest must prevail – Guideline 7: Discontinuing Prosecutions.

11.11	In domestic violence offences, any request by the victim that proceedings be discontinued should also be considered in accordance with Guideline 21: Domestic Violence.

11.12	Prosecutors should be aware of legislative restrictions upon the publication of the identity of a child or adult victim of an alleged sexual assault: sections 6-11 Sexual Offences (Evidence and Procedure) Act.

11.13	Prosecutors should be familiar with the provisions available under Part 2 Evidence Act in respect of vulnerable witnesses, and the effect of those provisions should be explained to witnesses when they apply.

	Victim Impact Statements/Reports

11.14	Sections 106A and 106B Sentencing Act impose obligations on the prosecutor to present victim impact statements or reports. Prosecutors should consult with the victim about how the victim impact statement is to be presented (orally or by tender). WAS will assist victims to prepare their victim impact statements or reports. If a plea is entered prior to the preparation of a victim impact statement an adjournment of proceedings should be sought in order to ascertain whether the victim wishes to provide such a statement. In any event, the victim is to be advised of the date for plea and/or sentence.

11

Witness Assistance Service