Victims of Crime

The CDPP aims to advance the interests of social justice and equity by working with other agencies to enforce the criminal law for the benefit of all members of the community, and to ensure that alleged offenders and other people affected by the criminal justice process are treated fairly.

The CDPP prosecutes offences against the laws of the Commonwealth covering wide subject areas including drug importations and money laundering, fraud on the Commonwealth involving tax, social security and medifraud, and people smuggling. In more recent times, the areas of the work of the CDPP have expanded. The CDPP also now prosecutes offences in the areas of terrorism, child sex tourism, online child sexual exploitation, and people trafficking including sexual servitude and slavery. Traditionally, in terms of numbers of prosecutions, much of the CDPP’s work has not involved crime directed at individual victims. However, with the introduction of a range of new offences an increased number of Commonwealth offences involve individual victims.

The Prosecution Policy of the Commonwealth sets out the criteria governing the decision to prosecute, and specifically addresses victims. In addition to consideration of the prospects of conviction, the prosecutor must consider whether, in the light of the provable facts and the whole of the surrounding circumstances, the public interest requires a prosecution to be pursued. Paragraph 2.10 of the Prosecution Policy identifies factors which may arise for consideration in determining whether the public interest requires a prosecution. These include:

  • the youth, age, intelligence, physical health or special infirmity of the alleged offender, a witness or victim,
  • any entitlement of the Commonwealth or other person or body to criminal compensation, reparation or forfeiture if prosecution action is taken, and
  • the attitude of the victim of the alleged offence to a prosecution

Section 21B of the Crimes Act 1914 provides that in relation to federal offences the court may, in addition to the penalty, if any, imposed upon the person, order the offender to make reparation to any person, by way of money payment or otherwise, in respect of any loss suffered by the person as a direct result of the offence. The section further provides that where a certificate has been signed by an officer of the court specifying certain matters, the certificate is enforceable in all respects as a final judgement of the court in favour of that person.

The general sentencing principles contained in section 16A(2) of the Crimes Act 1914 provide that in addition to any other matters, the court must take into account where relevant and known to the court, the personal circumstances of any victim of the offence, as well as any injury, loss or damage resulting from the offence. The CDPP is responsible for presenting relevant material to the court in relation to the impact of the offence on the victim. The CDPP is also responsible for presenting relevant material to the court at other stages of the prosecution process where this is appropriate.

The court must also take into account matters personal to the offender, such as their character, antecedents, age, means and physical or mental condition. In this way, there is legislative provision in relation to taking into account matters relevant to victims and accused persons.

The CDPP recognises that victims of Commonwealth offending have a place in the criminal justice system. It is important that victims understand the criminal process and their role in that process. The responsibility for informing victims about that process falls on both investigative and prosecution agencies.

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