Chapter 5 - Victims, RP, Control and Command. Flashcards
Immediate family
victim’s partner, step/child, step/sibling, step/parent, grandparent.
Incapable
lacks wholly/partly the capacity to understand the nature and foresee consequences of decisions in relation to their personal care/welfare.
Or does but lacks the capacity to communicate decisions in that respect.
Victim
A person whom an offence is committed. Includes P/G of a child if they are not the offender.
A person who suffers through or by means of an offence, injury, loss or damage to property.
A member of immediate family where someone dies/is incapable as a result of an offence. Unless they are charged.
Treatment
treat with courtesy and compassion.
respect dignity and privacy.
Access to services
a victim/member of their family who has welfare, health, counselling, medical or legal needs arising from an offence should have access to services that are responsive to those needs.
Information about programmes and services and remedies
As soon as a person comes into contact with an agency they must be given information about any programmes, remedies or services available.
Can also be given to any person disadvantaged by the offence.
Information about proceedings
Investigation progress Charges laid/not, amendments. victim's role as a witness ID orders being made by the court Date and place for each hearing outcome of any hearing
VIS
Information ascertained from the victim.
Includes any recording, summary, transcript or other copy of information.
May include photos, drawings, other visual representations provided by the victim.
VIS purpose
Provide the court with info about the affects of the offending.
Understanding the victims views.
Inform the offender about the impact of the offending from their perspective.
VIS information to be obtained
Any physical injury or emotional harm suffered.
Any loss of/damage to any property.
Any other effects of the offence on the victim.
Any other information consistent with the purpose of VISs.
A child or young person who is present/involved as a victim/witness should be included in the VIS.
Can now include photographs and diagrams and be presented electronically.
Specified offences s.29
An offence of a sexual nature.
An offence of serious assault.
An offence that results in serious injury, death or in a person becoming incapable.
An offence that leads a victim to have ongoing fears on reasonable grounds for their safety/security or a member of their immediate family.
Victim’s views on bail s.29A
If an offender applies to a court for release on bail:
The victim’s views on bail must be ascertained and the court informed.
Victim’s right to nominate a representative s.31
When a representative is appointed, any relevant information that would be provided to the victim shall be given to the rep.
Victim’s rights Act - Complaints s49
Where a victim considers that they were entitled to be accorded a right under certain sections (11-21, 28 -48 and 51) and they have not been accorded that right,
They may complain to the appropriate agency. The complaint must be dealt with promptly and fairly.
Return of property - section 51
When property that has been held for the purpose of evidence is no longer required it must be returned as soon as practicable.
Does not apply to a law agency if the person advises they no longer want the property.
