CH 5 - Victims Rights

Question 1

How recent should victim Impact statements be at the time of sentencing?

Answer 1

Not more than 28 days old at time of sentencing.Note: Updated and add to bottom of original rather than replaced so all information is captured over time.

Question 2

Can a victim seek a variation of bail conditions under the bail act?

Answer 2

No

Question 3

What must be emailed to the court when a first apperance prosecution file goes to court?

Answer 3

• CVS1 (Court Victim Services-VIctim Advisor referral form) is emailed to the court.

Question 4

Definition of immediate family under A & B

(a=1 b=5)

Answer 4

(a) means 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 5

Define incapable

(3)

Answer 5

• Lacks the capacity to understand the nature and to see the consequencese of decisions about their personal care or welfare
• or is unable to communicate decisions
• and includes continuing unconsciousness

Question 6

In what circumstances is a member of the immediate family a victim

Answer 6

When as a result of an offence committed by another person and their family member dies or is incapable

Question 7

What is the definition of a ‘victim’ in part (a) of the interpretation?

(7)

Answer 7

• Offence committed against them by another person
• Suffers Injury/loss/property damage
• Parent/Legal guardian of child who suffers first 2 points
• Immediate family member of victim who dies/incapable or Suffers any form of emotional harm
• Suffers Domestic violence
• Child who resides with domestic violence (note: you are not a victim if you are the offender)

Question 8

s.12 Information about proceedings

What information must victims be given about the investigation and proceedings? (5)

Answer 8

• Progress of the investigation
• Charges laid,
• Their role as a witness, (order prohibiting their ID information may be made.)
• Dates and times
• Outcome of prosecution

Question 9

What must police do if they come into contact with a victim in which they fall within the criteria of s.29 (specified offences)?

Answer 9

Must adivse of right to register on the Victims Notification Register (VNR)

Question 10

s.29 Specified Offences: with offences involving serious assaults/serious injury or death, what is the focus on in relation to the offending in s.29

(give example: Hetherington v Police)

Answer 10

Chracteristics & Seriousness of Offending

Example: ‘Presentation of Loaded firearm was held to be a serious assault.’

Question 11

S.31 – Police to give victims of specified offences information about right to ask for notice and to appoint representative

This section applies in respect of a victim of a specified offence. What MUST the Commissioner do as soon as practicable?

Answer 11

• inform the victim of the matters required by subsections (3) to (5); and
• inform a support person of the victim of the matters required by subsection (6).
• victims right to ask to be given any notice under sections 34 to 38
• victim to give police their address
• inform the victim that if the victim asks to be given any notice under sections 34 to 38 and gives the New Zealand Police his or her address, then the victim may also be given notice under the following provisions:

(a) section 39:
(b) section 20 of the Prisoners’ and Victims’ Claims Act 2005.

• victim may appoint a representative
• if the victim appoints a representative, must give name and address
• Commissioner must inform a support person if victim not capable

Question 12

s.7 What principles guide the treatment of victims

(3)

• Cou
• Com
• Res

Answer 12

Treat with

• Courtesy;
• Compassion
• Respect for dignity and privacy

Question 13

s.8 What does s.8 say about victims (and their family) needs being met?

Answer 13

If a need like welfare, health, medical or legal arise from offending then they should have access to those services.

Question 14

What types of specified offences are defined in the victims rights act?

(4)

Answer 14

• Sexual offences
• Serious assaults
• An offence that causes serious injury/death/incapacity
• An offence of any kind that, cause ongoing fears for personal safety (victim or family)

Question 15

What responsibility lies with the Commisoner in regard to s29A VRA 2002?

Answer 15

• As soon as practicable after a victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether the offence that affected the victim is a specified offence

Question 16

s.30 What two duties must the prosecutors do for the victim when an accused applies for bail?

Clue: Must make all reasonable efforts to…..

(2)

Answer 16

• To make all reasonable efforts to get victims views about release on bail
• Inform the court of those views.

Question 17

Can a victim appoint a representative?

Answer 17

Yes under section 40

to receive on the victim’s behalf, and ensure that the victim is given and understands, any notice to be given to the victim under any of sections

Question 18

Section 49 Victims Right Act

Who can a victim complain to if they feel they have not been afforded their rights as a victim?

(4)

Answer 18

• Person responsible for according their rights
• An Ombudsman
• IPCA
• Privacy Commissioner

Question 19

S.51 - Return of property held as evidence

(3)

Answer 19

• if not for evidentiary purposes must,
• return it to the person as soon as practicable
• unless property not wanted

Question 20

Section 11 – Information about programmes, remedies, and services

Answer 20

(1) must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency.
(2) In this section, agency means—
(a) the Accident Compensation Corporation:
(b) a DHB (as defined in section 6(1) of the New Zealand Public Health and Disability Act 2000):
(c) the Department of Corrections:
(d) the Ministry of Justice
(e) The Ministry of Social Development:
(f) the New Zealand Police.
“Services includes participation in restorative justice processes”
(3) Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).

Question 21

What details are a VIS:

Not to include / include: (2)

Answer 21

• Not details of actual offending
• only effects of the offending.

Question 22

Prosecutor has three duties in relation to VIS, what are they?

Answer 22

• Ensure information relevant to the content or prep of VIS is gathered
• Victim is informed about prep VIS and its place in proceedings
• Responsibility in respect of statements from persons who were disadvantaged by the offence; and obligations exist relating to the presentation of the statement to the Court

Question 23

What information should be included on a victim impact statement?

(4)

Answer 23

• Physical & emtional harm
• Loss/damage of property
• Other effects
• Other matter conisistent with purpose of VIS. ​Note: refer to child or incapable person if required

Question 24

A victim impact statement enables the victim to inform the court of what three things?

Clue: Effect, assist, tell

Answer 24

• Effects of offending
• Assist the court in understanding victims views
• Tell offender about the impact of their offending

Question 25

What reasonable efforts should a prosecutor ensure before information is obtained for a VIS?

The information? (3)

Answer 25

• true
• may be recorded
• may be verified

Question 26

What does s17 in relation to a child or young person who is present, or involved as a victim or a witness, or as the child of a victim ensure?

Answer 26

• The CYP should be included in the victim impact statement process the same way as the primary victim.

Question 27

What information is provided to a victim who has registered themselves on the Victim Notification Register?

When the offender is or has? (8)

Answer 27

• Temporary & impending release
• Breaching conditions of release
• Escape
• Absconding
• Recalls
• Parole hearings & decisions
• Deportation
• Claims under the Prisoner & Victim Claims Act.

Question 28

• When must a victim of an offence covered by s29 (VRA 2002) be told of their right to register on the Victims Notification Register?
• How is this done?

Answer 28

• As soon as practicable after the victim comes into contact with Police
• The POL1065 form (Victim request to be notified of bail, release, escape of defendant), located in Police Forms under ‘Victims’, is to be handed to the victim by the OC case. It is then up to the victim as to whether or not they wish to register by completing, signing and sending away the form to the Vetting and Validation section at PNHQ for consideration and registration. Good practice suggests that the OC case should assist the victim.