2.4 Victims' Rights Act 2002 Flashcards
Section 4 - define “victims immediate family”
Answer:
- 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
Who is a victim?
- a person offended against by another person and
- a person who suffers physical injury, loss or damage to property through an offence (Includes parent or guardian of CYP)
- a member of the immediate family of a person who has died by way of offence
In relation to section 7, of the Victims rights Act, how should victim’s be treated by Police?
Courtesy,
Compassion and respect the victim’s Dignity and Privacy
C. C. D. P
What is the purpose of a Victim Impact Statement?
- enable the victim to provide information to the court about the EFFECTS of the offending
- assist the court in understanding the victim’s VIEWS about the offending
- inform the offender about the IMPACT of the offending from the victim’s perspective
E. V. I
How does a Victim Impact Statement assist the sentencing Judge?
Hint: H. L. A. B. P. R
Provides the judge with information about the HARM and any LOSS suffered by the victim and
a) ASSISTS the courts by providing information
b) information from the victim helps to BALANCE the information contained in the pre-sentence report
c) allows the court to see things from the victim’s PERSPECTIVE
d) Allows the offender to RECOGNISE what he or she has done
What can victim impact statements now include?
Photographs and diagrams. They can also now be presented as an electronic recording.
When should a Victim Impact Statement be ready by? (What court hearing)
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.
What is a Section 29 offence?
An offence of:
- a sexual nature
- an offence of a serious assault
- an offence that results in serious injury, death or a person becoming incapable
an offence where a person has ongoing fears for his or her physical safety or for the safety of 1 or more immediate family members
In regards to the Victim’s views on bail in regards to a S29 offence, What must the prosecution do?
The prosecutor must make all reasonable effort to put before the court the views of the victim (or the immediate family if the victim is deceased or incapable) as to the release of the offender.
In relation to the section 4 interpretation what does a person who is ‘incapable’ mean?
Answer:
Means that a person who;
a) lacks wholey 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
b) 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 wholey lacks the capacity to communicate decisions in respect of methods of that kind
c) is a person in a state of continuing unconsciousness
In relation to section 8 and access to services what is a victim or the victims family entitled to?
Section 8 states:
A victim or member of a victims family who has welfare health counseling medical or legal needs arising from the offense should have access to services that are responsive to those needs.
Police have an obligation to provide support to victims.
This is usually done by contacting victim support, women’s refuge or other area specific agencies
What does section 11 of the Victims Act 2002 relate to?
Section 11 states:
Subsection (1) a victim as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programs, remedies or services available to the victim through the agency
How may police provide information to victims for victim’s support?
Answer:
Information may be provided through CAFS and standard letters usually generated by crime reporting line (CRL) and or File Management Centers (FMC)
What does section 12 of the victims Act 2002 relate to?
Section 12 states:
A victim must as soon as practical be given information by investigating authorities or, as the case requires, by members of court staff, or the prosecutor, about the following matters;
- CHARGES laid reasons for not laying charges
- The OUTCOME of the prosecution of the offence
- The victims role as a WITNESS in the prosecution of the offence
- The PROGRESS of the investigation of the offense, essentially victim updates
- An ACQUITTAL or deemed acquittal
- The possibility of the court, making an order to suppress defendant IDENTITY
- The DATE and place of each event listed
- Any finding that the charge was not PROVED
- Any finding that the accused is UNFIT to stand trial
- Grant of any free PARDON
C. O. W. P. A. I . D P. U. P
What kind of hearings can the victim be informed of?
Answer: – first appearance in court in connection with the offence of person accused of the offence - Any preliminary hearing - Any trial relating to the events - Any hearing set down for sentencing - Any hearing of appeals
