Victims’ and affected persons’ rights

What are my rights as a victim of a service offence?

If a service offence has been committed against you and you have suffered physical or emotional harm, property damage, or economic loss as a result, you are entitled to certain rights under the Declaration of Victims’ Rights in the NDA.

When a charge of a service offence is laid, as a victim you have the right to:

• be provided information about the military justice system, support services, the investigation, proceedings at court martial, and the offender
• be protected from intimidation and retaliation, and protection of your privacy
• participation in the investigation, court martial, and sentencing in order to have your views considered
• request restitution for loss, injury, and/or damages as a result of the offence

You also have the right to request assistance from a Victim’s Liaison Officer (VLO).

A VLO can help:

• explain your rights under the Declaration of Victims’ Rights
• explain how charges are tried at court martial
• facilitate getting information that you are entitled to have

Information about when and how victims’ rights apply can be accessed at Annex B – Victims of Service Offences: Interactions with the Military Justice System.

What support is available if I am affected by a service infraction?

If a service infraction has been committed against you or you have suffered physical or emotional harm, property damage, or economic loss as a result of a service infraction, you are entitled to receive certain information, protection, and to participate in the summary hearing.

When a service infraction is laid, as an affected person you have entitlement to:

• be provided general information about the military justice system at the unit level, the status of the investigation, and how the charge referral process operates
• request to attend the summary hearing with a support person present
• give evidence at the summary hearing by telephone or electronic means
• receive the written reasons of the OCSH in respect of finding(s) and sanction, if applicable
• receive the written reasons of the Review Authority of the hearing, if applicable
• have your security considered by military justice authorities and be protected from reprisal or intimidation

Further information about what support is available to affected persons and what your entitlements are can be accessed at Annex C – Framework for persons affected by service infractions.