5. Policing Act and Victim Rights Flashcards
What particulars can be taken from someone in Custody? (including for summons)
Under Section 32 of Policing Act Police can take:
- Biological details
- Photograph
- Finger, palm and footprint
Explain Section 36 - Care and Protection of intoxicated people:
If person is intoxicated while trespassing on private property:
RGB the person is:
- incapable of protecting themselves
- likely to cause physical harm or damage property
- is not practical to take home or to shelter
Detain and take into custody
How long can someone be detained under Section 36 of Policing Act?
Must be released as soon as sober
Must not be detained longer than 12 hours unless recommended by doctor
Interpretation of ‘Victim’:
- Person against whom an offence is committed
- Person who suffers physical injury or loss/damaged property
- A parent/guardian of a CYP who falls into above
- Members of immediate family of a person who dies as a result of offence
What information must the victim be given regarding proceedings?
- Progress of investigation
- Charges laid
- Victims role as witness in prosecution
- Possibility of court making orders
- Date and time of court hearing
- Outcome of any prosecution
What is the purpose of a VIS?
- Provide court with information about effects of offending
- Provide victim views
- Inform offender about impact
Section 29 defined:
- Sexual offending
- Serious assault
- Offence which resulted in serious injury or death
- Ongoing fears for safety
What must happen if offence is under Section 29 and offender applies for bail?
Prosecutor must make all reasonable efforts to get victims views on bail.
Where can the victims views on bail be written?
OTB, 258
What information is given if the victim is on the VNR?
- bail
- home d
- release
- escape
- parole
- appeal
- death
Who receives the information on a VNR?
The victim OR
they can apply for a representative under Section 40.
