Chapter 5 - Victims Flashcards
Victim - What is the definition of immediate family?
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.
Who can be a Victim?
) a person against whom an offence is committed by
another person; and
(ii) a person who, through, or by means of, an offence
committed by another person, suffers physical injury, or
loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, unless they are the ones who commited the offence.
(iv)A member of the immediate family of a person who, as a
result of an offence committed by another person, dies or
is incapable, unless that member is charged with the offence.
Someone who suffers emotional harm.
A person who has experienced family violence.
What is incapable defined as?
means that the person—
(i) lacks, wholly or partly, the capacity to understand the
nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
(ii) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters
relating to his or her personal care and welfare, but
wholly lacks the capacity to communicate decisions in
respect of matters of that kind; and
(b) includes the person being in a state of continuing
unconsciousness
Under S7 how must you treat a Victim?
(a) treat the victim with courtesy and compassion; and
(b) respect the victim’s dignity and privacy.
Under S8 what are Police required to do?
A victim or member of a victim’s family who has welfare, health,
counselling, medical, or legal needs arising from the offence should have
access to services that are responsive to those needs
Section 11 Victim’s must be offered services by the lead agency.
A victim 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.
There is no obligation upon the Police, for example, to provide victims with information about ACC entitlements etc…
What is the purpose of a victim impact statement?
enable the victim to provide information to the court about the effects of offending; and
(b) assist the court in understanding the victim’s views about the offending; and
(c) inform the offender about the impact of offending, from the victim’s perspective
Section 49 - Who can a Victim complain to?
a The agency they are dealing with.
b Ombudsman
c IPCA
d Privacy commissioner
Any person who receives a complaint must
deal with the complaint promptly and fairly.
