
Information for the
vulnerable victim, witness and defendant


Relevant Legislation
The Criminal Evidence Act 1992 is the foundation for many of the support measures that assist vulnerable witnesses in the courts. While it specifically excludes defendants, support measures such as intermediaries have been allowed to assist defendants by the courts through the inherent jurisdiction of the courts.
The Domestic Violence Act 2018 sets out a range of provisions including safety orders, barring orders as well as providing that in sentencing a person for a relevant offence, the fact that the offence was committed by someone who is /was in a relationship with the victim shall be treated as an aggravating factor. Separately, The Parental Leave Act 1998 was amended by the Work Life Balance and Miscellaneous Provisions Act 2023 to provide paid domestic violence leave.
The Criminal Justice Act 1993 allows the court to consider the effect of a crime on a victim - this is commonly known as a victim impact statement.
The Act also allows the Director of Public Prosecutions to appeal lenient sentences and it allows the court to make the defendant pay compensation to the victim for any personal injury or loss suffered.
Criminal Law (Sexual Offences and Human Trafficking) Act 2024 extended certain provisions some of which were already in place:
-
Ensuring anonymity for both victims and the accused in all sexual offence trials
-
Excluding the public from the court room
-
Extending the victim’s right of separate legal representation and legal aid if they are being questioned about their previous sexual history
-
An important aspect of the legislation is that character evidence at a sentence hearing for a person convicted of a sexual offence must be made under oath or on affidavit