Finding victim and witness protection

Treatment and information

The enacted framework describes victims’ rights to fair treatment, respect for dignity and privacy, protection from injury and threats, and treatment for harm suffered. It also gives a victim a right, on request, to information about available protection, legal remedies and the time periods for legal action, as well as specified services and assistance.

Assistance to and Protection of Victims of Crime and Witnesses Act s 3

Assistance to and Protection of Victims of Crime and Witnesses Act s 4

Obtaining documents

The document provision covers applications for certified copies of specified reports filed in a court or Commission. It requires the prescribed application and fee. The applicant must establish the need for the report, and the court or Commission must refuse disclosure if it considers that disclosure may prejudice an ongoing investigation or proceeding. This is a conditional application process, not unrestricted access to every investigation record.

Assistance to and Protection of Victims of Crime and Witnesses Act s 6

Witnesses and protection requests

The witness provision addresses dignity, privacy, voluntary statements and protection against harm or retaliation linked to participation in the justice process. The protection provisions allow an application where there are reasonable grounds to believe a victim or witness may face harm, intimidation or retaliation because of that position. The request provision identifies several receiving bodies, including a police station, and provides for referrals depending on the offence.

Assistance to and Protection of Victims of Crime and Witnesses Act s 9

Assistance to and Protection of Victims of Crime and Witnesses Act s 27

Assistance to and Protection of Victims of Crime and Witnesses Act s 29

Different measures for different needs

The listed measures may include security, accommodation, relocation with consent, identity protection and safeguards against encounters that intimidate a victim or witness. These are possible measures under the framework, not a promise that every applicant receives all of them. A separate provision covers complaints about the violation or denial of rights and sets a time limit for those complaints. Read the request and complaint provisions separately.

Assistance to and Protection of Victims of Crime and Witnesses Act s 28

Assistance to and Protection of Victims of Crime and Witnesses Act s 10

Identify the kind of request

In this enacted framework, a protection request may go to the Authority, Protection Division, a police station, a court or Commission, or a law-enforcement authority or public officer. The Act provides for onward referral according to whether the offence appears in its Second Schedule. A request received by a body is therefore not necessarily assessed by that same body. Confirm the framework’s commencement and current receiving procedure before using this list for a particular request.

Assistance to and Protection of Victims of Crime and Witnesses Act s 29

Complaints about a right being denied

The separate rights-complaint provision allows the victim, witness or someone acting on their behalf to complain to the Authority orally or in writing. Its period is thirty days from the alleged violation or denial, or imminent violation or denial, of the right or entitlement. An oral complaint must immediately be recorded in writing by the receiving officer. This route concerns a right or entitlement under the relevant Part; keep it distinct from a request for protection against a threat. Record the event, its date, the right concerned and any earlier response when preparing an account.

Assistance to and Protection of Victims of Crime and Witnesses Act s 10

Scope of this guide

This guide explains the cited as-enacted publication. Check later amendments, commencement orders and current procedures before relying on it for a particular situation. It does not determine your eligibility, liability or the outcome of a case.