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In relation to enhanced entitlements, what is a vulnerable or intimidated victim?

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You are eligible for enhanced entitlements under the Victims' Code as a vulnerable victim if:

(a) you are under 18 years of age, or 

(b) the quality of your evidence is likely to be affected because: 

(i) you suffer from mental disorder within the meaning of the Mental Health Act 1983; 

(ii) you otherwise have a significant impairment of intelligence and social functioning; or 

(iii) you have a physical disability or are suffering from a physical disorder.

You are eligible for enhanced entitlements under the Victims' Code as an intimidated victim if the service provider considers that the quality of your evidence will be affected because of your fear or distress about testifying in court. When assessing whether a victim is intimidated, the service provider must take account of:

  • any behaviour towards the victim on the part of the accused, members of the family or associates of the accused and any other person who is likely to be an accused or witness in a potential court case; 
  • the nature and alleged circumstance of the offence to which a potential court case relates. Victims of a sexual offence or human trafficking will automatically be considered to be intimidated; 
  • the victim's age and, if relevant, the victim's social and cultural background, religious beliefs or political opinions, ethnic origin, domestic and employment circumstances.