Provisions in the Victims’ Rights Bill, 2026, being debated in the Senate today, will include allowing a victim to apply to the court for a convicted offender to pay them compensation – and providing for victims’ protection from intimidation by an offender and their supporters during court proceedings.
But prior to debate, attention will be on whether a replacement for embattled People’s National Movement Senator Janelle John-Bates will be revealed in the Senate today.
The Victims’ Rights Bill, which will be piloted by Justice Minister Devesh Maharaj, provides for the rights of victims of criminal offences.
Its 29 clauses cover the general treatment of a victim; treatment during investigation of an offence, treatment during prosecution of this offence; victims’ rights after prosecution of an offence and a complaints system.
The bill includes creating an obligation by all investigatory, prosecuting agencies and victims’ services agencies who deal with victims, to treat them with courtesy and compassion; respect their dignity and privacy; consider their safety and security and take into account and be responsive to the victim’s race, sex, origin (including geographical), ethnicity, disability, religion, age and marital status.
It provides that a prosecuting agency and the court shall, during court proceedings and within a courtroom, provide for the protection of the victim. This includes minimising exposure to unnecessary contact with the offender, defence witnesses and offender’s family members/supporters; and protecting a victim from their intimidation.
After the prosecution of an offence, a victim will be allowed to file a victim impact statement to the court. This may be considered in determining the guilty person’s sentence.
Victims’ post-prosecution rights also include the ability to make an application to the court for an order that the convicted offender pay compensation to the victim.
Also, where the Criminal Injuries Compensation Act does not apply to a victim, they may apply to the State for compensation or financial assistance.
The bill stipulates that the victim’s needs – including their understanding of English – should be taken into account when entities communicate with them. It also allows nomination of a representative where a victim has died or is unable to represent themselves.
Other clauses deal with how prosecutors, investigators and the Director of Public Prosecution interact with victims, including providing relevant information about an investigation to the victim regularly, providing information about prosecution swiftly, or about culprits’ bail application.
The DPP will have to obtain victims’ views before deciding where he intends to substantially modify charges, discontinue prosecution, accept a guilty plea to a lesser charge, appeal a sentence, or appeal an acquittal.
