LAQ also provides online information to victims of crime and people charged with offences. Further analysis of existing resources, in consultation with all relevant stakeholders, is required to determine if they are sufficient to meet the intent of the recommendation. Accept in principle State and territory governments should ensure The Penalties and Sentences Act 1992 that, as far as reasonably practicable, special already provides for special measures to assist victims of child sexual arrangements to assist victims to read abuse offences to give evidence in victim impact statements into evidence. prosecutions are available for victims when This includes providing for emotional they give a victim impact statement, if they support for the victim, for the victim to wish to use them. provide their statement out of the view of the offender, and to provide the statement by means of an audiovisual link. For further consideration State and territory governments should This recommendation is complex and introduce legislation, where necessary, to involves significant change for expand the Director of Public Prosecution’s Queensland. right to bring an interlocutory appeal in prosecutions involving child sexual abuse Further detailed consideration and offences so that the appeal right: consultation is required. applies to pre-trial judgments or orders and decisions or rulings on the admissibility of evidence, but only if the decision or ruling eliminates or substantially weakens the case prosecution’s is not subject to a requirement for leave extends to rulings at trial. ‘no case’ For further consideration State and territory governments should work This recommendation is dependent on with their appellate court and the Director of further consideration of recommendation Public Prosecutions to ensure that the court is 79 and consideration of resource sufficiently well resourced to hear and implications for the courts. determine interlocutory appeals in prosecutions involving child sexual abuse offences in a timely manner. For further consideration Directors of Public Prosecutions should The Guidelines currently Director’s amend their prosecution guidelines, where require consultation with, variously, necessary, in relation to the decision as to victims and police to ensure they are fully whether there should be a retrial following a informed of significant prosecutorial successful conviction appeal in child sexual decisions and the reasons for such abuse prosecutions. The guidelines should decisions Guidelines 21, 22, 23, 25 and – require that the prosecution consult the 51. This is consistent with the obligations complainant and relevant police officer before to victims under the Victims of Crime
LAQ also provides online information to victims of crime and people charged with offences. Further analysis of existing resources, in consultation with all relevant stakeholders, is required to determine if they are sufficient to meet the intent of the recommendation. State and territory governments should ensure that, as far as reasonably practicable, special measures to assist victims of child sexual abuse offences to give evidence in prosecutions are available for victims when they give a victim impact statement, if they wish to use them. Accept in principle The Penalties and Sentences Act 1992 already provides for special arrangements to assist victims to read victim impact statements into evidence. This includes providing for emotional support for the victim, for the victim to provide their statement out of the view of the offender, and to provide the statement by means of an audiovisual link. State and territory governments should introduce legislation, where necessary, to expand the Director of Public Prosecution’s right to bring an interlocutory appeal in prosecutions involving child sexual abuse offences so that the appeal right: applies to pre-trial judgments or orders and decisions or rulings on the admissibility of evidence, but only if the decision or ruling eliminates or substantially weakens the prosecution’s case is not subject to a requirement for leave extends to ‘no case’ rulings at trial. For further consideration This recommendation is complex and involves significant change for Queensland. Further detailed consideration and consultation is required. State and territory governments should work with their appellate court and the Director of Public Prosecutions to ensure that the court is sufficiently well resourced to hear and determine interlocutory appeals in prosecutions involving child sexual abuse offences in a timely manner. For further consideration This recommendation is dependent on further consideration of recommendation 79 and consideration of resource implications for the courts. Directors of Public Prosecutions should amend their prosecution guidelines, where necessary, in relation to the decision as to whether there should be a retrial following a successful conviction appeal in child sexual abuse prosecutions. The guidelines should require that the prosecution consult the complainant and relevant police officer before For further consideration The Director’s Guidelines currently require consultation with, variously, victims and police to ensure they are fully informed of significant prosecutorial decisions and the reasons for such decisions – Guidelines 21, 22, 23, 25 and 51. This is consistent with the obligations to victims under the Victims of Crime
gov-response-royal-commision-child-abuse.docx