2.4 Victims' Rights Act 2002

Question 1

Section 4 - define immediate family

Answer 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; and to avoid doubt, includes a person who is—

• 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

Who is a victim?

Answer 2

• a person whom an offence is committed by another person and
• a person who suffers physical injury, loss or damage to property through an offence
• a parent or legal guardian of a CYP of the above (unless the parent is the offender)
• a member of the immediate family of a person who has died by way of offence

Question 3

How should victim’s be treated?

Section 7

Answer 3

With courtesy and compassion and respect the victim’s dignity and privacy

Question 4

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

How does a Victim Impact Statement assist the sentencing Judge?

Answer 5

Provides the judge with information about the harm and any loss suffered by the victim by means of the offence 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) it provides the victim with input into the administration of justice allowing the court to see things from the victim’s perspective
d) forces the offender to recognize what he or she has done

Question 6

What can victim impact statements now include?

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 offence?

Answer 8

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

Question 9

Victim’s views on bail in regards to a S29 offence

Answer 9

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.

Question 10

Access to services

Section 8

Answer 10

A victim or member of a victim’s 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.

Note This section signals the obligation that Police have to provide support to victims. This is usually done by contacting Victim Support, Women’s Refuge or other area-specific agencies. Note: where an arrest occurs the Court Victim Advisor will offer further support to the victim, in terms of information about how the court works, and progress of their case.

Question 11

Information about proceedings

Section 12

Answer 11

Police are still legally obliged to inform promptly – and keep informed – the victim as to the progress of the investigation, the reasons for the decision made with respect to a prosecution and the progress of the proceedings. This obligation will most often be discharged by the OC case.

Although Court Victim Advisors and Prosecutions staff often notify the victim of such matters, it is important to remember that only the police have a statutory responsibility to meet these obligations.

Question 12

Victim Impact Statements

Section 17 – Information to be ascertained from victim

Answer 12

(a) any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and
(b) any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and
(c) any other effects of the offence on the victim; and
(d) any other matter consistent with the purpose of victim impact statements set out in section 17AB.