5.1 Victims' Rights Act 2002 Flashcards
Describe “immediate family”
- Whanau, family other culturally recognised family group in close relationship with victim when offending occurred.
- Includes: partner (spouse, defacto, civil union), child, step child, brother, sister, step brother/sister, parent or step parent and grandparent
Describe “Incapable” under the Act
Lacks wholly or partly the capability to understand nature, and foresee consequences, of decisions of relating to their personal care or welfare.
Or has this capacity but can’t communicate them
Or unconscious
What does “Victim” mean? (4)
- Person whom an offence is committed against by another
- Person who, through means of an offence, suffers physical injury, loss or damage to property
- Parent or guardian of CYP victim in 1 or 2 (not being offender)
- Immediate family of person who dies or incapable as a result of 1 or 2 above (unless IF charged with offending)
s7 What are the guiding principles in treatment of victims (2)
- Treat with courtesy and compassion
- Respect victims dignity and privacy
s8 - Access to services
A. What does it require in relation to access to services and to whom?
B. How do police enable access to counselling, medical and other assistance?
A. Requires a victim and family to have access to welfare, counselling, medical, legal and services responsive to those needs.
B. Via victim support services (Women’s refuge etc)
Completing CVS1 form on prosecution files
s11 requires police and other agencies to provide information: What information?
About programs, remedies and services available
Includes restorative justice process
But only information to services provided by that agency (ie Police)
s12 - Information about proceedings
A. s12 requires police to provide what five things about proceedings?
B. One further point regarding s12 and the responsibility of others to undertake this duty
C. How is contact and dialogue with victim documented
A.
* Progress of investigations
* Charges laid, including reasons charges not laid
* Victims role as a witness
* TDP of events
* Outcome
B. Even though court advisors and prosecutions staff advise victims about these things it is only responsibility of police to inform on progress of investigation
C. O/C uses NIA contact node to record contact with victim. Required on ALL FILES not just arrest files.
What is the purpose of the VIS? (3)
VIS - victim impact statement
Enable victims to provide court info about effects of offending
Inform offender of impact of offending
Ensures court understands victims views
What info should a VIS contain (5)
- Injuries
- Harm (emotional)
- Loss or damage
- Any other effects of offence on victim
- Any other matter relevant to VIS
What should NOT be in a VIS
Details of offending. (prosecution file does this)
Some staff, due to work pressures write VIS for victim and submit on behalf without confirming content.
A. Why should this process stop
B. What should police not put in a VIS
A. s19 states it should be verified by Victim and they are to agree to it being provided to court. It is victims right to supply VIS
B. Police jargon
How should a child of a victim, or family member of incapacitated/deceased victim be dealt with in terms of a VIS s17(3) & (4)
Included in the VIS process in the same way as a victim.
Reference subsection 2(a) to (c)
a) physical injury or emotional harm suffered by victim [child/family member]
b) loss or damage to property
c) other effects of offence on the victim [child/family member]
A. Does the receipt of updates for a VIS require the removal of the initial VIS and drafting of a new one?
B. When is it mandatory for an O/C case to ensure a VIS is available for court?
A. No, updates should be added to the bottom of original. Police want Judge to see full extent of effect on victim over time.
B. good practice to have it prepared by first appearance. MANDATORY on second appearance.
A. s18 what 3 things should prosecutor be sure the victim has been informed of or able to comment on in relation to VIS
B. Who may the first two items be delegated to
A. i) understand information obtained is for VIS and it is true, recorded and verified.
ii) victim informed who may see it and made aware of orders that can be made to disclosure and distribution of it
iii) obtain victims views on whether prosecutor should apply for orders on ii) above.
B. victim support or victim advocate.
s29 states the criteria for victim to be eligible for registering on the VNR. What are they? (4)
- sexual offences
- serious assault
- offence resulting in serious injury, death or becoming incapable
- fears for ongoing safety or security of that victim; or of 1 or more members of their immediate family