Community Flashcards
What is section 7 of the Victim Rights Act 2002?
Treat victims with courtesy and compassion and respect their dignity and privacy
When is someone defined as a victim (s4) only for the purpose of section 7 and 8 of the Victim rights act 2002
- person who suffers any form of emotional harm due to an offence
- parent/ legal guardian of u/18 who suffers emotional harm
- person who has experienced family violence
- person u/18 residing with person who has experienced family violence
Who is a victim under section 4 of Victim rights act 2002?
- a person who has an offence committed against them
- a person who suffers physical injury, loss or damage of property by another person committing an offence
- a parent of u/18 person who has one or both of the above occur to them, unless guardian is charged/ convicted of/ guilty of offence
- an immediate family member of a person who dies, or is incapable as a result of an offence cause by another person (unless guilty of offence)
Also those who suffers emotional harm, are parent of this person, experience family violence or u/18 who resides with person experiencing family violence- section 7 & 8 only!
What is section 29 of the Victim Rights Act
Outlining who is defined as a victim of specified offences: offences sexual in nature, serious assault, serious injury, or if victim has ongoing fears for their own/ families safety
What is the VNR?
Victims notification register: allows victims of specified offences (S29) to be kept up to date regarding;
- bail release (inc t&c of bail)
- hearing date for parole
- release from prison
- home detention
- escapes from prison, dies in prison, compassionate release, breaches parole, any additional outcome when in hospital
Who can apply for VNR?
Victims who come under section 29 of the Victim rights act 2002 (victim of specified offence)
What is the Sentencing Act 2002 s9 (1) (h)
States the court must take ‘aggravating factors’ into account when considering sentencing for any offence that is motivated by hostility towards a group of persons who have an enduring common characteristic (eg. Race, religion, sexual orientation)
What’s an example of evidence of hate motivation?
Exact language, symbols used or actions during an interaction motivated by hate
What is a hate crime?
An offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a persons particular characteristics (eg. Race, religion, sexual orientation)
What is a hate incident?
An act motivated by bias or prejudice but doesn’t meet the threshold (elements) of a crime
What is the definition of a mental disorder?
Abnormal state of mind + serious danger of self/ others OR incapable of self care
What is a restricted and special patient?
Restricted patient: subject to a compulsory treatment order and are considered a danger to the public.
Special patient: detained by way of court order and found criminally insane/ unfit to plead (mental health + criminal law)
What is section 109 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Any members of the police may apprehend any person wandering at large in a public place and behaving in a manner that gives rise to a reasonable belief that he/ she may be mentally disordered and the member believes it is interest of the person or public to do so.
What is section 41 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Any member of police called soon by DAO may enter the premises by force if necessary AND detain person in premises until assessment examination has been conducted (max 6 hours) OR take person nominated by DAO for medical examination or assessment examination and detain while examination is conducted
What is section 110 of the Mental Health (Compulsory Assessment and Treatment) Act 1992?
Authority of doctor: Any member of police may enter the premises by force if necessary AND detain person in premises until assessment examination has been conducted (max 6 hours) OR take person nominated by mental health practitioner for medical examination or assessment examination and detain while examination is conducted
