When must a court examine a crime victim, the victim's legal representative or a relative of a deceased victim as a witness on their own application?
General information · Not legal advice
Material to check
In the practice file for this exercise, we read the written request to be heard, which should show in what capacity the person applies and whether the victim is living or deceased, the transcript of any earlier statement by that person in the trial, and any papers on how the trial has been running.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading is that where the victim of a crime applies, or that victim's legal representative applies, the court must examine that person as a witness; where the victim has died, the spouse, lineal relative or sibling may apply instead. The examination must give an opportunity to speak on the degree and result of the harm, on an opinion about the defendant's punishment and on any other opinion about the case.
Another reading stresses that the examination duty falls away in either exception the provision sets: where that person has already given a full account in the trial and the court recognises there is no need to testify again, or where there is a risk that the testimony would significantly delay the trial proceedings. The provision sets no test for what counts as testimony given sufficiently or as a risk of significant delay.
Your judgment
Where the applicant gave evidence earlier, what in that account would show there is no need for the person to testify again?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or what the exceptions cover, or if a court decision explains what counts as having already testified sufficiently or as a risk of significantly delaying the trial.