Chapter 5: Victims Flashcards
Describe “immediate Family”
Means a member of the victims family, whanau or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence and includes; Partner (spouse, defacto, civil union) child, step child brother, sister, step brother/sister parent or step parent grandparent
“Incapable” under the Act
Lacks wholly or partly the capability to understand nature, and foresee consequences, of decisions relating to their personal care or welfare.
Or has this capacity but wholly lacks the capacity to communicate decisions in respect of matters of that kind and
Includes unconscious
What does “Victim” mean? (4)
1: Person whom an offence is committed against by another
2: Person who, through means of an offence, suffers physical injury , loss or damage to property
3: Parent or Guardian of CYP victim in 1 or 2 (not being offender)
4: Immediate family of person who dies or incapable as a result of 1 or 2 above (unless IF charged with offending)
S7 What are the guiding principles in treatment of victims (2)
- Treat with Courtesy and Compassion
2. Respect victims Dignity and Privacy
S8.
A. What does it require in relation to access to services and to whom?
B. How do police enable access to counselling, medical and other assistance?
A. Requires a Victim and FAMILY to have access to welfare, counselling, medical, legal and services responsive to those needs.
B. Via victim Support services (Women’s refuge etc)
Completing CVS1 form on prosecution files
S11 requires police and other agencies to provide information: What information?
About programs, remedies and services available
Includes restorative justice process
But only information to services provided by that agency (ie Police)
A. S12 requires police to provide what five things about proceedings?
B. One further point regarding s12 and the responsibility of others to undertake this duty
C. how is contact and dialogue with victim documented
Progress of investigations Charges laid, including reasons charges not laid Victims role as a witness TDP of events Outcome
Even though court advisors and Prosecutions staff advise victims about these things it is only responsibility of Police to inform on progress of investigation.
C .O/C uses NIA contact node to record contact with victim. Required on ALL FILES not just arrest files.
What is the purpose of the VIS? (3)
Enable Victim to provide Court info about effects of offending
Inform offender of impact of offending
assists Court to understand victims views
What info should a VIS contain (5)
Injuries Harm (emotional) Loss or damage Any other effects of offence on Victim Any other matter relevant to VIS
What should NOT be in a VIS
Details of offending. (Prosecution file does this)
Some staff, due to work pressures write VIS for Victim and submit on behalf without confirming content.
A. Why should this process stop
B. What should Police not put in a VIS
A. s 19 states it should be verified by Victim and they are to agree to it being provided to court. It is Victims right to supply VIS.
B. Police Jargon
How should a child of a victim, or family member of incapacitated/deceased victim be dealt with in terms of a VIS 17 (3) & (4)
Included in the VIS process in the same way as a victim.
a) physical injury or emotional harm suffered by victim [child/family member]
c) other effects of offence on the victim [child/family member]
Does the receipt of updates for a VIS require the removal of the initial VIS and drafting of a new one.
B. When is it mandatory for an O/C case to ensure a VIS is available for court.
No updates should be added to the bottom of original. Police want Judge to see full extent of effect on Victim over time.
B. good practice to have it prepared by first appearance. MANDATORY on second appearance.
A. S 18 What 3 things should Prosecutor be sure the victim has been informed of or able to comment on in relation to VIS
B. Who may the first two items be delegated to
A. i) understands information obtained is for VIS and it is true, recorded and verified
ii) Victim informed who may see it and made aware of orders that can be made to disclosure and distribution of it
iii obtain victims views on whether prosecutor should apply for orders on ii) above
B. Victim support or victim advocate
S29 states the criteria for Victim to be eligible for registering on the Victim Notification Register (VNR). What are they? (4)
1: Sexual offences
2: Serious assault
3: Offence resulting in serious injury, death or becoming incapable
4: Fears for ongoing safety or security or that of member/s of immediate family
What must Police do if offender arrested for s29 specified offence
advise Victim of right to register on VNR.
It is up to victim whether they register or not
How does a victim register for VNR?
A pol 1065 form is given to victim by police (oc file). Victim completes and returns to Vetting PNHQ.
Fact that Victim advised of rights and provided POL 1065 to be updated on NIA case.
NB Form found in police forms under “Victim”
S30 What two conditions must be met before victims views are put to the Court about release of offender on bail?
Victim is victim of specified offence
Offender applies for release on bail
If Victim is S29 qualified what must the prosecutor do if the accused applies for bail?
Make all reasonable efforts to put victims views before the Court and inform the court of these views
How are victims views on offender being bailed presented to Court?
Does victim have any standing to seek variation of bail conditions
Opposition to Bail form
Covering 258
Note the Victim has no standing to seek a variation of bail conditions
What sections of Victims Rights Act apply only to victims of special offences?
S30 - 48
What are victims rights under S31 (informing and receiving notices)? (4)
1: Right to ask and be given notice under S34 - 38 (specified offence and VNR)
2: If victim asks (S34 - 38) and gives address, victim may also be given notice under S39 and S20 Prisoners and Victims Claims Acts.
3: Inform victim they may appoint representative who must (or victim) give address
4: If Commissioner knows that victim may not be capable, appoint representative.
Who should victim complain to if they consider they have not been afforded their rights?
O/C case
Ombudsman
IPCA
Privacy Commissioner
What is it important that Supervisors do in relation to CVS1 documents
Ensure they are attached to all files and copy emailed to local Court Victim Adviser before FIRST APPEARANCE
What is stated in S51 relating to property held (2)
- Return all non offender property ASAP after it is no longer needed
- with exception where person doesn’t want it returned
