CH 5 - Victims Rights Flashcards
How recent should victim Impact statements be at the time of sentencing?
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.
Can a victim seek a variation of bail conditions under the bail act?
No
What must be emailed to the court when a first apperance prosecution file goes to court?
- CVS1 (Court Victim Services-VIctim Advisor referral form) is emailed to the court.
Definition of immediate family under (a) and (b)
(a) means a member of the victim’s family, whanau, or 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, de facto
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim.
Define incapable? CU UC IC
- 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
In what circumstances is a member of the immediate family a victim? F DI
When as a result of an offence committed by another person and their family member dies or is incapacitated
What is the definition of a ‘victim’ in part (a) of the interpretation?
OIP I DC
- Offence committed against them by another person
- Suffers Injury/loss/property damage
- Parent of child who suffers first two points
- Immediate family member of victim who dies/incapable or Suffers emotional harm
- Suffers Domestic violence
- Child who resides with domestic violence
s.12 Information about proceedings
What information must victims be given about the investigation and proceedings? (5)
- 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
What must police do if they come into contact with a victim in which they fall within the criteria of s.29 (specified offences)?
Must adivse of right to register on the Victims Notification Register (VNR)
s.29 Specified Offences:
What is the focus on in relation to the offending in s.29 with offences involving serious assaults/serious injury or death? CS
Chracteristics & Seriousness of Offending
‘Presentation of Loaded firearm was held to be a serious assault.’ Hetherington v Police
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?
- 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
s.7 What principles guide the treatment of victims?
T CCR
Treat with
- Courtesy;
- Compassion
- Respect for dignity and privacy
s.8 What does s.8 say about victims (and their family) needs being met?
If a need like welfare, health, medical or legal arise from offending then they should have access to those services.
What types of specified offences are defined in the victims rights act?
(4)
- 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)
What responsibility lies with the Commisoner in regard to s29A VRA 2002?
- 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