Chapter 8.1 - VRA Continued Flashcards
Victims rights act section 29
Specified offence defined (these are victims who go on a victim notification register)
Offence of a sexual nature
An offence of a serious assault
An offence that resulted in serious injury death or in a person becoming incapable
An offence which has the victim having ongoing fears for their safety or 1 or more members of their immediate family
Pol 1065 form - victim to be notified of bail, release, escape of defendant
Victims to be made aware of
Temp release or escape from jail Absconding from home detention Impending release from prison Convictions for breaching conditions of release Recall to prison Pending parole hearings Notifications of parole board decisions Deportation hearings Claim opportunities
Victims rights act section 29a
Commissioner of police to determine whether an offence affecting the victim is a specified offence
Section 30 victims rights act
Victims views about release on bail of accused or offender
This section applies if
The victim is a victim in a specified offence
The offender applies before a court for release on bail
Prosecutor must
Make all reasonable effort to obtain victim views
Inform the court of any victim views
Section 31 victims rights act
Police to give victims of specified offences information about right to ask for notice and to appoint representative
Must advise victim that they have right to appoint representative and to receive notice under sec 34-39.
Representative can also receive these notices
Section 40 victims rights act
Representatives for notice
Section 49 victims rights act
Complaints
This section applies if a victim considers
That he or she is entitled to a right under sec 11-21, 28-48 and 51
And haven’t been accorded that right
May complain to Ombudsman IPCA The person who is required to tell the victim of there rights The privacy commissioner
Section 52 victims rights act
Return of property held as evidence
Must return as soon as possible
