Canberra victims of crime will gain a formal right to review crucial decisions in their case, including a decision not to prosecute, under new guidelines announced today by the territory's top prosecutor Shane Drumgold.
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The new guidelines follow recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse, which identified problems in decision-making process in Australian offices of public prosecution.
Prosecutors have a very high level of discretion but the royal commission heard that traditionally the process has lacked accountability and transparency. The royal commission found some victims did not agree with nor understand prosecution decisions, and remained dissatisfied years later.
In its final report, it recommended every DPP should "establish a robust and effective formalised complaints mechanism to allow victims to seek an internal merits review of key decisions".
ACT Director of Public Prosecutions Mr Drumgold said the new measures announced today "go a significant way towards placing victims of crime at the centre of the decision-making process in their criminal cases."
He said they also help to relieve the stress and uncertainty associated with contact with the justice system, by providing easy access to information.
ACT Victims of Crime Commissioner Heidi Yates said that particularly in the context of sexual assault it was important for victims to know how to seek an internal review of a decision not to proceed with a prosecution.
Only a very small number of people come forward to report sexual assault at all and even fewer progress to criminal charges, she said.
She said once a prosecution was on foot, the person had already made the very difficult decision to report to police and provide a formal statement.
From then they are living daily with the need to give evidence at trial and the reality that court proceedings take a long time to conclude, she said.
A decision not to proceed can be devastating for victims, Ms Yates said.
"Often the victim feels a very heavy sense of injustice, and a missed opportunity to hold the perpetrator to account," she said.
"Looking at the DPP's decision not to proceed with a prosecution, you're talking about people who have already been on a long journey.
"You can imagine how difficult it is for someone to understand if the DPP decides for some reason not to go ahead."
She told The Canberra Times the new guidelines provided both a clear way to review a decision and the ability to understand why it was made.
The raft of policies announced include comprehensive victim guidelines published online, the formal right of review, a formal documentation system providing a record of all key decisions and an internal audit process with results published yearly.
Ms Yates also welcomed the online portal in providing practical resources to help people understand what it was like going to court.
The material also includes information in relation to sexual offence matters and the complainant's right to be consulted at various points, including charge negotiations and case updates.
Separately, the ACT government has committed to introducing a new charter of victims rights as well at witness intermediaries in sexual assault cases to help reduce trauma from the process from next year.