2.5 Victims Rights

Question 1

What does ‘immediate family’ mean?

Section 4, Victims Rights Act 2002

Answer 1

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

(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto partner; or

(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim.

Question 2

What does ‘incapable’ mean?

Section 4, Victims Rights Act 2002

Answer 2

It means that the person—
(i) 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

(ii) 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
(b) includes the person being in a state of continuing unconsciousness

Question 3

What does ‘victim’ mean?

Section 4, Victims Rights Act 2002

Answer 3

A person against whom an offence is committed by another person and through by means of an offence suffers physical injury, loss or damage to property.

A parent or legal guardian of a child or young person who suffers the above, unless they are the offender.

A member of immediate family when the offence results in death or is made incapable by the offence, unless they are the offender.

Question 4

Section 7 of the Victims Rights Act 2002 outlines that the Police and other agencies should…

Answer 4

Treat the victim with courtesy and compassion and respect the victim’s dignity and privacy.

Question 5

Section 8 of the Victims Rights Act 2002 contains a statement of principle about access to welfare, health, counselling,
medical, or legal needs arising from an offence. Who does this apply to?

Answer 5

A victim or member of a victim’s family.

Question 6

What does Section 8 signal to Police?

Answer 6

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.

The obligation relates only to providing information about the remedies or services provided by that agency.

Question 7

With regard to a victim, what must be done before first appearance?

Answer 7

An accurate CVS1 (Court Victims Services Victim Advisor referral form) is emailed to the local court generic VA email address and NIA is updated with the ‘CSV1 Completed’ contact type in the Contact/Correspondence node.

Question 8

Section 11 – Information

about programmes, remedies, and services. What applies to Police in this section?

Answer 8

‘services’ for Police includes participation in restorative justice processes.

Police provide information to victims about Victim Support through CAFs
and standard letters, usually generated by Crime Reporting Line and/or File
Management Centres.

Question 9

Tell me about the victim node?

Answer 9

It is required to be completed for all files, not just arrest files.

Question 10

How must Victim Impact Statements be written?

Answer 10

Be that of the victim, and written in ‘victim speak’. It should not repeat/re-litigate the evidence. DO NOT SPEAK POLICE JARGON.

Question 11

What should be in a Victim Impact Statement?

Answer 11

(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.

Question 12

Must we take a Victim Impact Statement?

Answer 12

It is a victims right to supply a Victim Impact Statement.

Question 13

Can I just write the VIS and submit it?

Answer 13

No, as Section 19 clearly states that information obtained from the victim is to be verified by the victim and they are to agree that they wish that information to be provided to the court.

Question 14

When must the O/C file ensure that the VIS is available for the court?

Answer 14

It is mandatory that the O/C file ensure a victim impact statement is available for the second appearance.

Question 15

Who can go the victim notification register?

Section 29, Victims Rights Act 2002

Answer 15

(a) an offence of a sexual nature; or

(b) an offence of serious assault that does not come within paragraph
(a) ; or

(c) an offence that resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or

(d) an offence of another kind, and that has led to the victim having ongoing fears on reasonable grounds—
(i) for his or her physical safety or security; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family.

Question 16

What is the obligation of the Police if a victim is eligible to go on the victim notification register?

Answer 16

The victim must be told of their right to register.

Question 17

What must the Prosecutor do in relation to the views of the victim relating to the release or bail of the accused or offender?

Answer 17

The Prosecutor must make all reasonable efforts 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 18

What if the offender is released on bail?

Answer 18

Police must promptly advise the victim.

Question 19

Section 40 gives a victim the right to appoint any person to receive notice on behalf of the victim. What responsibilities does the representative have?

Answer 19

The representative has obligations to receive and pass on the any notice under any of sections 34 to 39 (in sections 41 to 45 called the information). to the victim (s 41(c)).

Question 20

Victim Impact Statement defined - What can it have in it?

Answer 20

(1) In sections 17AB to 27, victim impact statement—
(a) means information that –
(i) is ascertained under section 17 from
(A) a victim, or
(B) a person who, under section 20 is treated as a victim;
and
(ii) is to be, or has been submitted –
(A) under section 21AA on request, to a judicial officer for
the purpose of giving the accused a sentence indication
(B) under section 21 to a judicial officer sentencing the
offender, and
(b) includes any recording, summary, transcript, or other copy of that
information
(2) In this section, information may include any photographs, drawings, or
other visual representations provided by the victim.

Question 21

Section 49 - Complaints

Answer 21

This section applies if a victim or person considers:
1. that he or she is entitled to be accorded a right under any of sections 11 to 21, 28 to 48, and 51 (in this section and section 50 called the specified provisions); and

2. that he or she has not been accorded the right.