18
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Guideline 7.
Legal aid for victims
48. Without prejudice to or inconsistency with the rights of the accused
and consistent with the relevant national legislation, States should take
adequate measures, where appropriate, to ensure that:
(a) Appropriate advice, assistance, care, facilities and support are
provided to victims of crime, throughout the criminal justice process, in a
manner that prevents repeat victimization and secondary victimization;16
(b) Child victims receive legal assistance as required, in line with the
Guidelines on Justice in Matters involving Child Victims and Witnesses of
Crime;17
(c) Victims receive legal advice on any aspect of their involvement
in the criminal justice process, including the possibility of taking civil action
or making a claim for compensation in separate legal proceedings, whichever
is consistent with the relevant national legislation;
(d) Victims are promptly informed by the police and other front‑line
responders (i.e., health, social and child welfare providers) of their right to
information and their entitlement to legal aid, assistance and protection and
of how to access such rights;
(e) The views and concerns of victims are presented and considered
at appropriate stages of the criminal justice process where their personal
interests are affected or where the interests of justice so require;
(f) Victim services agencies and non‑governmental organizations can
provide legal aid to victims;
(g) Mechanisms and procedures are established to ensure close
cooperation and appropriate referral systems between legal aid providers and
other professionals (i.e., health, social and child welfare providers) to obtain
a comprehensive understanding of the victim, as well as an assessment of
his or her legal, psychological, social, emotional, physical and cognitive
situation and needs.
16 “
Repeat victimization” and “secondary victimization” are understood as defined in paragraphs 1.2
and 1.3 of the appendix to Recommendation Rec(2006)8 of the Committee of Ministers of the Council
of Europe to member States on assistance to crime victims.
17
Economic and Social Council resolution 2005/20, annex.