Victims and Witnesses

The Office of the Director of Public Prosecutions (Cth) (CDPP) is an independent prosecution service that represents the community. The CDPP does not represent individuals however it does recognise that victims of crime have an important place in the criminal justice system.

Victims of Crime Policy

Our Victims of Crime Policy states it is important that CDPP staff treat victims with courtesy, compassion, cultural sensitivity and respect for their dignity and entitlements. 

Out Victims of Crime Policy recognises the need for victims of crime to receive information in a timely manner including the following: 

  • a decision to commence a prosecution and the charges laid

  • a decision not to commence a prosecution

  • the date and place of hearing of any charges laid

  • the outcome of any bail proceedings

  • plea negotiations and

  • the outcome of proceedings, including appeal proceedings.

Victims should also be advised about the prosecution process – the various stages in a matter being heard before a court. Where a victim may be required to give evidence, any inconvenience to the victim should be minimised, as far as possible. Victims should also be advised in relation to their role as a witness.

The Prosecution Policy of the Commonwealth

The Prosecution Policy provides for the views of any victims, where those views are available, and where it is appropriate, to be considered and taken into account when deciding whether it is in the public interest to:

  • commence a prosecution

  • discontinue a prosecution

  • agree to a charge negotiation or

  • decline to proceed with a prosecution after a committal.

The Prosecution Policy also provides that the CDPP will comply with its Victims of Crime Policy in its dealings with victims.

Right of Review

The CDPP’s National Legal Direction: Right of Review – Prosecutions involving child and certain other complainants sets out guidelines regarding our obligations to inform and consult with certain complainants regarding decisions to commence or discontinue prosecutions. Further, it offers a right of review in relation to certain prosecution decisions. 

Witness Assistance Service (WAS)

The CDPP’s Witness Assistance Service (WAS) has Witness Assistance Officers located in our Sydney and Melbourne offices. WAS staff are qualified social workers and they work closely with prosecutors to provide information and support to the most victims of Commonwealth crime. The WAS Referral Guidelines aim to ensure WAS support is offered to the most vulnerable victims and witnesses involved in Commonwealth prosecutions including all children and young people.

Reparation Orders

Section 21B of the Crimes Act 1914 provides that, in addition to any penalty imposed, a court may order a federal offender to make reparation to any person, by way of money payment or otherwise, for any loss suffered or any expense incurred by reason of the offence. The CDPP’s National Legal Direction – Reparation Orders sets out the role of the Office as it relates to reparation orders including our responsibility to ensure victims are aware of their ability to seek reparation orders and independent legal advice.

Victim Impact Statements

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 and any victim impact statement for the victim. The CDPP is responsible for ensuring victims are aware of their ability to submit a Victim Impact Statement if they choose to do so, and for presenting this material to the court.