A discussion has resurfaced regarding the balance of rights of the victim versus the offender's rights to defend themselves in a court of law. At present the 1996 Vicitms Rights' Act has a charter of rights to protect victims. This can be read in full on the Austlii site, with the charter setting out that a victim should be kept informed about bail, release of the offender that they be given support to present a victim impact statement and that they can be relieved from attending preliminary and committal hearings.
However one case in particular has given the impetus for future reform. A woman survived a brutal atatck from an ex partner who had stalked her for several years. He savaged her face with a knife and left her with brain damage to then be charged with attempted murder. The charge was reduced from attempted murder to malicious injury with intent despite her not being informed about this change in the charge. All reference to the knife had been removed from the trial- this difference being 25 yearsfor attempted murder to the standard period of 7 years. For further reading on this case see "Forced to take on the system" .
Thus with this in the background the Sentencing Council which is one of the key agencies of reform has been instructed to begin a paper on plea bargaining.
This is good information regarding the process of reform, the nature of society changing and rights of victims'.
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