The Right to Participation:
Views to be Considered

Victims have the right to convey their views about decisions to be made by appropriate authorities in the military justice system that affect their rights under the Declaration of Victims Rights (DVR) and to have those views considered.

Victims may convey their views at various stages in the military justice process.

Ways in which their views can be considered include, but are not limited to:

• Military or civilian system: Military prosecutors consider the views of a victim complainant throughout all stages of a case where they’re involved, including decisions about which jurisdiction, military or civilian, is better suited to deal with a particular matter.
• What type of charge should be laid: If the evidence from an investigation could support the laying of a charge as a service infraction or as a service offence, persons who were affected by the incident can express their views to the investigator as to which of these charges is most appropriate.
• Sentencing: When an accused person is found guilty, the victim of that service offence has the right to present their views on the impacts of the offence on them. These will be taken into consideration in determining the offender’s punishment.
  • Usually this is done through the use of a Victim Impact Statement.

For more information