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Mentally Impaired Accused Review Board

Victim Considerations

Pursuant to section 33(5)(f) of the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) (the Act), the Board is required to consider any submission received from a victim of an alleged offence. Victims can either write directly to the Board or can be contacted through the Victim-offender Mediation Unit. The Office for the Commissioner for Victims of Crime in the Department of Justice provides services to victims and offenders through the Victim-offender Mediation Unit. The Board often receives reports from the Victim-offender Mediation Unit which can recommend protective conditions to ensure the rights, safety and protection of both the accused and the victims.

Pursuant to section 33(6) victim of an alleged offences, means -

  1. a person who suffered injury, loss or damage as a direct result of the alleged offence, whether or not that injury, loss or damage was reasonably foreseeable by the alleged offender; or
  2. where the alleged offence results in death, any member of the immediate family of the deceased.

Victim submissions are provided in many matters considered by the Board. The Board places great emphasis on these submissions and they are taken into account when the Board determines the conditions of release for a mentally impaired accused, pursuant to section 33(5)(f) of the Act.

All victim submissions received by the Board are treated with the highest level of confidentiality. Victim submissions sent to the Board are not provided to the accused or anyone involved in their case. In the event that the Board does not receive a written submission from a victim, victim issues are still considered through alternative sources of information, such as a report from the Victim-offender mediation unit.

The Victim-offender mediation unit can also advise victims about an accused's custody order, movement or release through the Victim Notification Register (VNR). Victims can apply to go on the VNR if they are the victim of the current offence, have a current Family Violence Restraining Order in place or have been the victim of previous domestic violence offences.

Victims who are registered with the Victim Notification Register are advised when the Board will review an accused's case. Following the review, the Victim Notification Register is notified of the outcome of the Board and the victims will be notified of the Board's outcome accordingly by the Victim Notification Register. The Victim Notification Register is part of the Office for the Commissioner for Victims of Crime.

Last updated: 2-May-2023

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