Understanding your rights as a victim

Understand your rights as a victim of crime in Queensland and how they’re upheld in the criminal justice system.

In short

If you have suffered harm because of a violent crime, you have rights under the Charter of victims’ rights.

This guide will help you understand what those rights are, how they apply through the criminal justice process and what to do if they aren’t upheld.

You have rights if:

you have suffered harm because of a violent crime, including domestic and family violence
a member of your immediate family or someone you are dependent on has been harmed or killed as a result of violent crime
you were hurt while helping someone else who was being harmed because of a violent crime.

Victims’ needs should be taken into account and treated with respect, privacy, courtesy, compassion and dignity.

All government and government-funded agencies that work with victims must uphold these rights.

You can make a complaint if you believe your rights have not been upheld. You can complain directly to the Office of the Victims' Commissioner.

You have a right to be told:

the progress of the police investigation, unless this may jeopardise the investigation
decisions about the prosecution of the accused person, including:
- the charges brought
- not bringing charges
- substantial changes to the charges
- accepting a plea of guilty to a lesser or different charge
the name of the person charged with the crime
if a warrant is being issued for the arrest of the accused person
about the court process, including hearing dates and how you can attend court
about any programs available to the accused person
the result of the criminal court proceeding, including the sentence imposed and outcome of an appeal
if the accused person applies for bail, the outcome of the application and any release arrangements, including conditions that may affect your safety
about the trial process and your role as a witness, if you are one.

You also have a right to:

be protected at court from unnecessary contact with, or violence or intimidation by, the accused person and their witnesses, family members or friends
make a victim impact statement at the sentencing of the person found guilty
have your property that was held for the investigation or as evidence returned as soon as possible.

If your offender is convicted and sentenced to prison or detention, you can apply to be on the victims register.