Chapter 2.4 - Victims Rights Act 2002

Question 1

Incapable in relation to a person means what?

Answer 1

Lacks capacity to understand/forsee consequences of decisions about their own personal care and welfare or understands but can’t communicate it.

Includes someone who is unconscious.

Question 2

Who should you give info about programmes, remedies or services (incl RJ) available to the agency?

Answer 2

Victims and any one else disadvantaged by the offending.

ASAP after they come into contact with the agency.

Question 3

Is there any obligation for police to provide information regarding other agencies (ie: ACC entitlements)?

Answer 3

No. The obligation only relates to info about remedies/services provided by that agency.

Question 4

When should police refer victims to Victim Support?

Answer 4

Where it is a serious incident or victim is signficantly affected or as required by local agreements between VS and Police.

Victim contact in NIA should be done with comment about whether victim accepted/declined.

Question 5

What must a victim (or any other person disadvantaged by the offence) be advised of under S.12?

Answer 5

• Progress of investigation
• Charges laid/reasons for not laying them/changes
• Their role as witness in prosecution
• Court order suppressing their identifying info
• Date/place of hearings
• Outcome
• Appeals

Question 6

It is impt to remember what in relation to providing victims with info about proceedings?

Answer 6

That only the police have a statutory responsibility to meet these obligations.

Question 7

The purpose of VIS’s are:

Answer 7

• To provide info to court about the effects of offending
• Assist court in understanding victim’s views
• Inform offender about impact of offending from victim’s perspective.

Question 8

If you are completing a VIS as a parent/guardian of CYP, or as a member of a family for someone incapable, what must be included?

Answer 8

That any reference to physical injuries/emotional harm/loss or damage to ppty or other effects includes a reference to CYP/incapable person concerned.

Question 9

If a CYP is in police or OT custody, can you tell this to a victim of a specified offence?

Answer 9

No. Only to those sentenced to prison or detention in certain cases.