Victim & Witness

Victim and Witness Definition

Our mission statement includes protecting the rights of individuals. In accordance with our core values, that involves being trustworthy, treating everyone with respect, being honest and being transparent in what we do.

Our interaction with victims and witnesses is guided by those core principles.

A victim is someone who has had a crime committed against them or someone who is the complainant in a case being considered or prosecuted by our office.

A witness may also be a victim. A witness is someone who has witnessed a crime.

We understand that being a victim of crime or a witness can be difficult, especially where you may not have had any prior experience of the criminal justice system.

Our Witness Charter explains what happens from the time you report a crime to the end of the case - what we do and what you can expect from us.

We have a specialist witness care officer who is trained to provide assistance and guidance to victims and witnesses. Our witness care officer follows specific witness care procedures to ensure standards of care and service are met.


Witness Charter

Our Witness Charter provides information to you as a witness. It tells you:

  • How you can expect to be treated by the Prosecution if you are a witness to a crime.
  • What to expect if you are asked to give evidence for the prosecution in a criminal court.
  • What help and support you can expect to receive at every stage of the process from police investigators and prosecution lawyers involved. It does not cover the work of other agencies, defence lawyers, judges and magistrates.
  • What standards of care and service you can expect from us.
  • The standards of service set out in the Witness Charter apply to all witnesses, regardless of whether you are also a victim of crime.
  • Our Witness Charter is not law. It is guidance only. Accordingly, there may be constraints which affect our ability to provide this service. However, we will always seek to comply with the standards, insofar as is practicable and professional rules allow.

Witness Care Officer

We have a specialist witness care officer who is trained to provide assistance and guidance to victims and witnesses. Our witness care officer follows specific witness care procedures to ensure standards of care and service are met.

Those standards of care and service include the following:

  • Treat all victims and witnesses with respect.
  • Keep prosecution victims and witnesses updated on the progress of their case once someone has been charged with an offence and explain the court process.
  • Conduct a needs assessment for victims and witnesses in cases going to trial to ensure they can give their best evidence.
  • Arrange for victims and witnesses to visit the court before trial.
  • Make every effort to ensure that victims and witnesses attend court only on the day that they are required to give evidence.
  • Inform victims and witnesses of the result of the trial and explain what any sentence means.

Please contact 1 (345) 244-4577 to find out more


Victim & Witness-Frequently Asked Questions

Q - Does the DPP provide advice to members of the public?

A - No. The DPP provides advice only to the RCIPS and other Government Departments/Authorities on Criminal Prosecutions and related matters.

 

Q - Is Crown Counsel my attorney?

A. - No. The role of Crown Counsel is to prosecute matters in criminal proceedings instituted by the State. Crown Counsel is not your personal lawyer but is there as a representative of the Director of Public Prosecutions. However, Crown Counsel will ensure that you are advised as to the dates for Court and that you understand the Court process.

 

Q - What is the procedure if I no longer wish to give evidence?

A - If a victim or witness indicates that they no longer wish to give evidence, they should advise the Investigating Officer of this and provide a statement setting out their new position and the reason for it. They may also be required to attend court to state their position from the witness box. It should be noted that threats from the accused or persons connected to the victim/witness are not usually a sufficient basis to withdraw a charge as measures can be taken to protect witnesses. The DPP’s office will review the case and determine whether or not the matter should proceed. A decision may be made that the matter will proceed even where a victim/witness indicates that they no longer wish to give evidence.

 

Q - Are witnesses permitted to ask that the Court room be cleared of the accused and the public when they give evidence?

A - The general position is that all witnesses for the Crown must give their evidence in the presence of the Accused unless he has consented to be absent or as permitted by another Law. In some circumstances, the court may order that the public shall not have access to or remain in the room or building used by the Court. Also, there are circumstances which enable a witness to give their evidence via video link or behind a screen.

 

Q - Does the victim/witness have a say about the charges which a Defendant should face?

A - After considering all of the available evidence and deciding whether it is in the public interest to prosecute, the Director of Public Prosecutions decides what charge is laid.

 

Q - Does the Prosecutor need to meet with me before I go to Court?

A - After reviewing a particular file, the Prosecutor may decide that it is necessary to meet with a witness before a trial. This allows for questions to be asked by him/her to clarify issues. It is also useful for witnesses as it allows them to ask their own questions and ventilate concerns.

 

Q - Can the Prosecutor accept a plea from the Defendant to a less serious charge without my agreement?

A - All prosecutorial decisions are taken after a full review of the evidence available. Crown Counsel may meet with you in order to advise you of their proposed course of action. While your agreement is not required, Crown Counsel takes into account concerns expressed and consequences for the Victim/Witness.

 

Q - Do I get to address the Court on Sentencing in matters where I am the Victim or Family of the Victim?
A - During the sentencing process, the Victim or Family of a Victim are permitted to submit a Victim Impact Statement to the Court. This statement details how the crime has affected the parties physically, emotionally and/or financially. When reviewing sentencing guidelines, Crown Counsel may make recommendations on the sentence type (community service, fine, prison) or range (time period). The Court has the final decision on what sentence to impose.