Chapter 2 - Policing & Victim Rights Act Flashcards
If a constable has detained a person who may have committed an offense do they have the legal power to take identifying particulars before getting evidence that the person has indeed committed an offense?
Sec 32 Policing Act - If they are in lawful custody and is at a Police station you may take their particulars in a manner reasonable to the circumstances and using force if necessary.
What conditions must be satisfied before a constable can take an intoxicated person into custody? What the maximum time the intoxicated person can be held?
Sec 36 Policing Act - If they are incapable of protecting themselves and it is not reasonable to take them home or to a shelter you can detain them until they cease to be intoxicated and no longer than 12 hours, unless a health practitioner recommends further.
Sec 7 VRA
Treat Victims with courtesy, compassion, dignity and privacy.
Sec 8 VRA
Access to services for Victims, no legal right but obligation that Police have to provide support to Victims. i.e woman’s refuge or area specific agencies. Vital a CSV1 is completed for firs appearance prosecutions.
Under s12 VRAwhat are the requirements on Police about giving information about proceedings to victims?
Inform the Victim of the progress of the investigation, charges laid, their role as a witness, the out come of a prosecution (guilty pleas, conviction, sentence). Victim contact node compulsory for all files.
Under s17 Victims Act what extra can VIS now contain?
A VIS can now include photographs and diagrams. A VIS will also be able to be presented as an electronic recording (with leave of the court) or in written form.
A VIS provides a sentencing judge with info about harm and lose suffered by the Victim, what four purposes does it serve?
- It assists the court generally in providing information.
- Info about the effect of a crime on a victim helps to balance the info in any pre-sentence report on the offender.
- Assists the court in seeing things from the Victims perspective and may aid in the healing process.
- The offender is forced to recognise what they have done. This may advance the rehabilitative process and prevent further offending.
Sec 49 VRA - Whom may a victim complain to if they have not been accorded the rights under Sec 11 to 21, 28 to 48 and 51?
- A person who appears to be required to accord the Victim.
- An Ombudsman.
- The IPCA.
- The privacy commisioner.
Sec 30 VRA
Victims views about the release on bail of an accused offender of specified offences (s29). Prosecutor MUST make all reasonable efforts to ascertain any views the victim has about the offender and inform the court.
Sec 51 VRA
Police that hold property of a person (other than the offender) for evidential purposes must, if possible, return it to the person asap after they no longer need to hold it for those purposes. Does not apply if person advises they don’t want property returned.
