2.4 Victims' Rights Act 2002

Question 1

Victim Rights Act 2002 Section 4 - Define immediate family (4)

Answer 1

• Victim’s spouse, civil union partner or de-facto partner
• Victim’s child or step-child
• Victim’s brother or sister (or step siblings)
• Victim’s parent or step parent or grandparent

Question 2

Under the Victims’ Rights Act 2002, what are the four fundamental definitions of a victim?

Answer 2

1) Person offence committed against
2) Person suffering a physical injury or property loss as the result of an offence
3) A parent of the above two where they are a CYP
4) Immediate family member of someone who dies or is incapable

Question 3

How should victim’s be treated according to VRA 2002?

Answer 3

Police should treat victims with courtesy and compassion; and respect their dignity and privacy.

Question 4

Section 17 AB - What is the purpose of a Victim Impact Statement?

Answer 4

• enable the victim to provide information to the court about the effects of the offending
• assist the court in understanding the victim’s view about the offending
• inform the offender about the impact of the offending from the victim’s perspective

Question 5

What are the four purposes of a Victim Impact Statement?

Answer 5

Provides the judge with information about the harm and any loss suffered by the victim by means of the offence and

1. Assists the courts by providing general information
2. Provides information from the victim helps to balance the information contained in the pre-sentence report
3. It provides the victim with input into the administration of justice allowing the court to see things from the victim’s perspective.
4. It forces the offender to recognize what he or she has done.

Question 6

What can victim impact statements now include?

What form can they now take?

Answer 6

Photographs and diagrams.

They can also now be presented as an electronic recording.

Question 7

When should a Victim Impact Statement be ready by?

Answer 7

While it is good practice to have it ready for the 1st appearance, this is not always possible. It is mandatory that the OC ensures a VIS is available for the 2nd appearance.

Question 8

What is a Section 29 specified offence (4)?

Answer 8

In summary:

1) Sexual offence
2) Serious assault
3) Serious injury or death resulted
4) Ongoing fears for safety

Question 9

What must a prosecutor do in relation to a section 29 offence?

Answer 9

The prosecutor must make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail and inform the court of these views.

Question 10

According to section 8 of the Victims’ Rights Act 2002, a victim or member of a victim’s family should have access to services that are responsive to those needs. How does Police meet this obligation (2)?

Answer 10

By referring victims and their families to victim support and completing a CSV1 referral before first appearance.

Question 11

What does section 11 of the Victims’ Rights Act 2002 about information relating to programmes, remedies, and services?

Answer 11

A victim must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency.

Question 12

Blank

Answer 12

Blank

Question 13

What is the definition of immediate famliy according to the VRA 2002?

Answer 13

1) Means a member of the victim’s family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence.

Question 14

What is the definition of incapable according to the VRA 2002 (3)?

Answer 14

1) The person lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and
welfare; or

2) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and

3) includes the person being in a state of continuing
unconsciousness

Question 15

What are the four interpretations of victim?

Answer 15

1. A person against whom an offence is committed by another person.
2. A person who suffers injury or loss of or damage to property.
3. A parent or legal guardian of a child or young person that the above relates to.
4. A member of the immediate family of a person who, as a result of an offence committed by another person, dies.

Question 16

In a VIS, what information is to be ascertained from a victim (4)?

Answer 16

1) Physical injury or emotional harm.
2) Loss or damage to property.
3) Other effects of the offence on the victim.
4) Any other matter consistent with the purpose of victim impact statements.

Question 17

Where should any updates be added to a VIS?

Answer 17

To the bottom of the original so the judge can see the full extent of the crime on the victim?

Question 18

What must you do after sending a CSV1 referral form?

Answer 18

Update the victim contact node in NIA to record that it has been completed.

Question 19

What should you inform the victim about before taking a VIS (3)?

Answer 19

1. That the information is being ascertained for a VIS
2. That the information is true
3. That the information must be recorded and verified

Question 20

There are nine triggers that a victim may be notified about following a POL1065 referral. What are these generally concerning (3)?

Answer 20

1) Prison status
2) Release conditions
3) Parole status

Question 21

According to section 31 of the Victims’ Rights Act 2002, what information must police give to victims of specified offences (2)?

Further, what information must victims provide?

Answer 21

1) They can be given notice about matters relating to sections 34-38 (bail, death etc.)
2) They may appoint a representative to receive this notice.

For victims to receive this information they must provide their address or the name and address of their representative.

Question 22

What does section 49 state about who a victim can complain to? (Four departments or persons)

Answer 22

1. The person who should have accorded them the right
2. An Ombudsman
3. IPCA
4. Privacy Commissioner

Question 23

How should one demonstrate that section 11 has been adhered to with respect to victim support referrals?

Answer 23

A contact node entry should be made to record whether the victim has accepted or refused a victim support referral.

Question 24

What are the three most important things that victims are kept up to date about?

Answer 24

1) Progress of the investigation
2) Reasons for decisions made regarding the prosecution
3) Progress of proceedings

Question 25

According to section 12 of the Victims’ Rights Act 2002, who else has the right to information about the proceedings?

Answer 25

A person who was disadvantaged by the offence.