Dealing with Victims Flashcards
Purpose of the Victims’ Rights Act 2002
The act is designed to look after the interests of victims and to see that their needs are met
Definition of Victim
(I) a person against whom an offence is committed by another person
(II) a person who through an offence committed by another person suffers physical injury or loss/damage to property
(III) a parent or legal guardian of a child or young person who falls within (I) or (II) unless that person is the one charged/convicted
(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 person is the one charged/convicted
Section 7 - Victims Rights Act 2002
Members of the police dealing with victims should treat them with courtesy, compassion and respect for their personal dignity and privacy
Section 8 - Victims Rights Act 2002
Victims and where needed, their families should have access to welfare, health, counselling, medical and legal assistance responsive to their needs
Section 11 - Victims Rights Act 2002
Members of police should inform victims at the earliest opportunity, of the services available to them
Section 12 - Victims Rights Act 2002
P - progress of the investigation C - charges filed or actions taken D - date and place of proceedings R - role of the victim as a witness O - outcome of proceedings
Section 51 - Victims Rights Act 2002
A person’s property held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence
The Golden Rule
Treat victims as you would expect to be treated yourself
Section 79 - Evidence Act 2006
When any witness is giving evidence in a criminal proceeding they are entitled to have a support person near them
POL 1060 Form
The Police Record Of Victim Contact form has been designed to ensure that police staff meet the requirements of the Victims Rights Act 2002. It leads you through these requirements. It records police contact with the victim and can be used to confirm that you have met your obligations
Victim Notification System - POL 1065
In cases of sexual violation, serious assault, serious injury or death, or where the victim is rendered incapable or holds fears on reasonable grounds for their safety or security, the victim can apply to be notified of the release, escape, death, or discharge of the defendant and offenders who are in custody
Stages of Emotional Reaction
- Impact Stage
- Recoil Stage
Post Traumatic Stress Disorder
PTSD is a psychological disorder in which the victim repeatedly re-experiences the events surrounding the offence
The main symptoms are:
- jumpiness
- flashbacks
- concentration problems
- memory problems
Interviewing Victims Do’s
- make the setting for the interview as safe, comfortable and private as possible
- introduce yourself and say why you are there
- hold the interview as soon as possible after the offence
- keep questions as simple as possible
- ask questions one at a time to avoid confusion
Interviewing Victims Dont’s
- judge the victims conduct or feelings
- ask questions that indicate the victim is to blame
- tell the victim that “all is right”
- say you know how they feel
- touch or hold victims unless they show signs that they welcome this