2. Victims Rights Act 2002

Question 1

What does a Victim mean?

Answer 1

• A person against whom an offence is committed by another person and by means of an offence suffers physical injury or loss of or damage to property and parent or legal guardian of a child or young person and a member of the immediate family who dies or in incapable

Question 2

What is Section 11?

Answer 2

Information about programs remedies and services.

Question 3

What is S 29 victims rights act?

Answer 3

S 29- a victim of a specified offence , sexual, serious assault, death and victim has on going fears for physical safety and security including family.
- must notify them of their right to register on the victims notification register

Question 4

S29A ?

Answer 4

Commissioner of Police determines whether an offence affecting the victim is a specified offence - the duty of Commissioner is delegated to all Police for completing

Question 5

What is S30?

Answer 5

Victim views about bail opposition, release on bail of accused or offender and conditions of bail

Question 6

What is s31 and 40 (Representatives for notice)

Answer 6

S 31 - Police to give victims of specified offence information about right to ask for notice and appoint representative to receive notifications

Question 6

S49 and 51?

Answer 6

S49 - Complaints
S51 -return property as soon as possible after it is no longer needed

Question 7

Immediate family in relation to a Victim

Answer 7

• Means a member of the Victim family, whanau, Who is in a close relationship with the victim at the time of the offence and
• Includes a victim spouse, civil Union partner, de facto partner Or
• Victim child or stepchild or
• Victim’s brother or sister/brother or step siblings
• a parent of victim or grandparent

Question 8

Incapable in relation to a person

Answer 8

Means that the person
- Lacks, wholly or partly The capacity to understand the nature, and foresee the consequences, of decisions and respect of matters relating to his or her personal care and welfare or
- Has the capacity to understand the nature, and force the consequences, of decisions and respect of matters relating to their personal care and welfare but Holly lacks the capacity to communicate decisions and respect of matters of that kind and
- Includes the person being an estate of continuing and unconsciousness.
- A person against home and offence has committed by another person and suffers physical injury or lots of or damage to property and any emotional harm

Question 9

S8 - Access to services

Answer 9

A victim or member of the victims family who has welfare, health, counselling, medical, or legal needs arising from the offence Should have access to services that are responsive to those needs

Question 10

What else should you update with contact with the Victim?

Answer 10

Victim contact in NIA whether they have excepted or declined the Victim Support to show that s11 has been adhered to

Question 11

S12 - information about court proceedings

Answer 11

• must update the Victim of the progress of the investigation in Court

Question 12

S17AA - victim impact statements

Answer 12

The purpose of a Victim impact statement is
- Enable the victim to provide information to the court about the effect of offending and
- Assist Court and understanding the Victim views about the Offending
- Inform the offender about the impact of offending, from the victims perspective.
Information may include any photographs, drawings or other visual representations provided by the Victim.

• any physical injury/emotional harm suffered
• In a loss of/damage to property suffered by the Victim
• Any other effects of the offence on the Victim and any other matter

Question 13

A victim impact statement provides a sentencing judge with information about the harm and loss suffered by the victim by means of the offence.
It serves four purposes?

Answer 13

• it assist Court generally by providing information
• Information about the effect of a crime on the Victim helps to balance the information and any precedence report on the offender
• It provides the Victim with input into the administration of justice. The court can see things from the victims perspective and may aid in the healing process and
• The offender is forced to recognise what heels she has done. This may advance the rehabilitative process and prevent further offending.

It is mandatory that Victim impact statements are done on second appearance.

Question 14

S29