9. Victims Rights Act 2002 Flashcards
Define “victim” in terms of the Victims Rights Act 2002.
A victim includes:
a) a person who has had an offence committed against them;
b) a person who has suffered injury, or loss/damage of property as a result of another person’s offending;
c) a parent/legal guardian of a CYP victim aged 17 and under
d) immediate family of a victim who has died or been made incapable.
Who can’t be defined as a victim according to s4 of the Victims Rights Act 2002?
1) Parent/guardian of the CYP victim if they are charged with committing that offence; or
2) Immediate family member of victim who has died/been made incapable if they are charged with committing that offence; or
3) the person who commits the offence, can not be a victim of their own offending
Define “immediate family” in terms of the Victims Rights Act 2002.
A member of the Victims family, whanau, or cultural family group who is in a close relationship with the victim at the time of the offence.
Give examples of an “immediate family” member in terms of the Victims Rights Act 2002.
- Spouse/partner
- child/step-child
- sibling/step-sibling
- parent/step-parent
- grandparent
What does s7 of the Victims Rights Act 2002 relate to?
Treatment of victims (Police/Other agnecy)
Treat the victim with courtesy + compassion, and respect for their dignity + privacy.
What does s8 of the Victims Rights Act 2002 relate to?
Access to services
Victims who have welfare, health, counselling, medical or legal needs arising from an offence should have access to them.
What does s11 of the Victims Rights Act 2002 relate to?
Information about services
As soon as a victim comes into contact with an agency, they should be given information about programmes, remedies and services available to them as soon as practicable.
What does s12 of the Victims Rights Act 2002 relate to?
Information about proceedings
Give all the information to the victim about the investigation process, when charges are laid, victims role in prosecution, name suppression orders, court hearings and other relevant details.
What does s29 of the Victims Rights Act 2002 relate to?
Specified offences defined
s29 applies when the victim has suffered:
- sexual offending
- serious assaults
- offence that results in serious injury/death/being made incapable
- offence that makes the victim believe on RG for: a) their own safety/security or b) that of their family’s.
What does s29A of the Victims Rights Act 2002 relate to?
Police must determine whether s29 VRA2002 applies to a victim as soon as practicable
What does s30 of the Victims Rights Act 2002 relate to?
Victims views on bail
Prosecutor must make all reasonable efforts to obtain the Victims views on the defendant being granted bail, and report this back to the court.
What does s31 of the Victims Rights Act 2002 relate to?
Police to give s29 Victims information about their right for notice (VNR) and right to appoint a representative
What does s34 of the Victims Rights Act 2002 relate to?
Notice of release on bail of accused/offender.
What does s51 of the Victims Rights Act 2002 relate to?
Return of property held as evidence.
Must return property of a person (not offender) which has been seized as EM, back to that person as soon as practical (when no longer required as evidence).
Explain the three categories defined in the Victim History Scorecard.
Traffic light system which indicates the degree of victimization.
Green - low level of victimization OR victimization towards the end of 12 month history.
Amber - repeat revictimization, OR a single serious victimization.
Red - serious victimization, AND/OR high repeat revictimization.
What are the three tiers of service in the Graduated Response Model?
Bronze - base level support.
Silver - higher level of support, involves face to face interactions.
Gold - highest level of support. Significant, multi-agency effort to reduce victimization.
What is some information that a victim who has been added to the Victim Notification System/Register is entitled to?
When the defendant has:
- been released on bail,
- been released,
- escaped,
- died
