2.5 Victims Rights Flashcards
Who are deemed to be immediate family in regards to a victim
Spouse, civil union partner, de facto partner
Child or step-child
brother, sister, step-brother, or step-sister
parent or step parent
grandparent
What is a victim?
A person whom an offence is committed by another person
a person who through by means of an offence committed by another person, suffers physical injury, or loss of or damage to property
A parent or legal guardian of a child/young person who falls within the above, unless parent/guardian is charged with offence concerned,
a member of the immediate family of a person who, as a result of an offence committed, dies or is incapable.
What are the principles guiding treatment to victims
S7 - Treatment - courtesy, compassion, respect
S8 - Access to services - welfare, health, counselling, medical, legal needs should have access to services
S11 - Information about programmes, remedies, and services
S12 - Information about proceedings
What is the purpose of a VIS
a) enable the victim to provide information to the court about the effects of offending; and
(b) assist the court in understanding the victim’s views about the offending; and
(c) inform the offender about the impact of offending, from the victim’s perspective.
What is the Victim Notification Register?
Applies to certain offences that fall under S29 of the Act - serious offences such as sexual offences, serious assaults, or breach of PO and other offences where victims fears for offenders release.
If falls under S29 the victims go on the victim notification register.
Use POL 1065 - give to victim
The victim is then notified about events relating to the offender - temp release, absconding from HD, release from prison, convictions for breaching release conditions, recalls to prison, pending parole hearings etc.
ASAP Police need to determine if the offence that affected the victim is a specified offence
