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CIB DDC 2021 (case Law) > INV101 > Flashcards

INV101 Flashcards

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1
Q

Victims Rights Act 2002 (7)

A

TREATMENT

a) Courtesy and compassion
b) Respect victims’ dignity and privacy

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2
Q

Victims Rights Act 2002 (8)

A

ACCESS TO SERVICES
A victim or family member who has welfare, health, counselling, medical or legal needs arising from an offence should have access to services that are responsive to those needs.

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3
Q

Victims Rights Act 2002 (9)

A

RESTORITIVE JUSTICE MEETINGS
(To resolve issues relating to an offence)
a) When a victim requests to meet with an offender to resolve issues relating to an offence.
b) A member of court, police or corrections must be satisfied that the necessary resources are available.

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4
Q

Victim Rights Act 2002 (10)

A

ENFORCEABILITY OF PRINCIPLES

These principles are not enforceable in a court of law.

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5
Q

Victim Rights Act 2002 (11)

A

INFROMATION ABOUT PROGRAMS, REMEDIES AND SERVICES.

a) The victim shall be given information on personal and programs asap after an offence.

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6
Q

Victim Rights Act 2002 (12)

A

INFROMATION REGARDING PROCEEDINGS
Step 1 .
a) Progress of the investigation.
b) When charges have been laid or reasons why charges have not been laid.
c) victims roles as a witness
d) Possibility that the court making an order prohibiting the publication of identifying information about the victim - also the steps that the victim can make in relation to this order.
Step 2.
a) 1st appearance.
b) Preliminary hearing relating to an offence.
c) Any trial relating to an offence.
d) Any hearing set down for hearing of an offence.
e) Any hearing for an appeal.
Step 3.
Nothing prevents information of any kind given to a victim of an offence also been given to a person who has also been disadvantaged by the same offence.
Step 4.
Investigating authorities.

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7
Q

Victims Rights Act 2002 (14)

A

INFORMATION MAYBE GIVEN TO VICTIMS SUPPORT PERSON.

a) Information maybe given to a support person if the victim cannot receive it.
b) If the victim cannot or may not be capable of understanding the information.
c) Have been in writing - nominated that support person to receive it and is given a current address for the support person.

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8
Q

Victims Rights Act 2002 (15)

A

VICTM RIGHTS - UNDER THE PRIVACY ACT 1993

a) No person may interfere with the privacy of a victim contrary to the Privacy Act 1993.
b) Primary and founding document - Privacy Act 1993

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9
Q

Victim Rights Act 2002 (16)

A

RESTRICTION ON DISCLOSING VICTIM CONTACT DETAILS IN EVIDENCE OR INFORMATION PROVIDED IN COURT

a) Relation to information that discloses or may lead to disclosure of victims contact details.
b) Information maybe given in evidence or information provided by the court only with leave from the judicial officer.
c) Judicial officer must not grant leave unless - the information directly relates to the facts or the evidential value of the information out weighs prejudice of the victims interests
d) Contact details include the following
- Residential address.
- Postal address.
- Email address.
- HMP, WKP, MOB or fax numbers.

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10
Q

Victims Rights Act 2002 (16A)

A

CRIMINAL PROCEEDINGS TO WHICH SECTION 16 DOES NOT APPLY.
Nothing in section 16 applies to criminal proceedings is necessary if it involves information in relation to the charge. The defendant is to be fully and fairly informed.

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11
Q

Victims Rights Act 2002 (17AA)

A

DEFINITION OF A VICTIM IMPACT STATEMENT
- Is to be submitted on request to a judicial officer for the purpose of giving the accused a sentence indication.
This may include transcript, summary, reading, drawings or other media.

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12
Q

Victims Rights Act 2002 (17BB)

A

PURPOSE OF A VICTIM IMPACT STATEMENT

a) Provide information to the court about the effects of the offending.
b) The VIS assists the court in understanding the victims view of the offending.
c) Inform the offender of their impact on the victim.

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13
Q

Victim Rights Act (17)

A

INFORMATION TO BE ASCERTIANED FROM THE VCITM.

a) Reasonable effects have to made to ensure that the information is obtained from the victim.
b) Any physical injury, emotional harm, loss, damage to property and any other effects of an offence on the victim.
c) Reference to a child or young person effected.
d) Reference to immediate family members.

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14
Q

Victims Rights Act 2002 (18)

A

PROCEDURE BEFORE ASCERTAINING INFORMATION FORM VICTIMS.

a) Reasonable effects to obtain information from victims and inform them.
b) How to keep them informed.
c) View of the victims .

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15
Q

Victims Rights Act 2002 (19)

A

FORM AND VERIFICATION OF INFORMATION ASCERTAINED

a) Must be put into writing, recording audio or video media.
b) Information submitted needs to be verified by signature or approved person.
c) Advise information is included read it, replay it to the victim so that they are satisfied with the content and approve of it.

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16
Q

Victims Rights Act 2002 (20)

A

STATEMENTS OF OTHER DISADVANTAGED BY AN OFFENCE.

a) Prosecutors may also treat others as a victim if they are satisfied and the significant other is disadvantaged.

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17
Q

Victims Rights Act 2002 (21AA)

A

VICTIM IMPACT STATEMENT MAYBE USED FOR THE PURPOSE OF SENTENCE INDIACTION.
- If requested by the court for a sentence indication under the Criminal Procedures Act 2011.

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18
Q

Victims rights Act 2002 (21)

A

VICTIM IMPACT STATEMENT TO BE SUBMITTED TO A JUDICIAL OFFICER.

a) The victim impact statement must be submitted by the prosecutor in the correct form.
b) The VIS is only to be submitted by leave from the judicial officer.

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19
Q

Victims Rights Act 2002 (22)

A

THE VICTIM IMPACT STATEMENT MAYBE READ TO THE COURT.

a) The victim may make a request that the VIS or part of the VIS be read in court by the victim , nominated person or prosecutor.
b) The judicial officer must agree to this request.

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20
Q

Victims Rights Act 2002 (22A)

A

VICTIM IMPACT STATMENT MAYBE PRESENTED TO THE COURT IN ANTHER MANNER.
Audio file or video file to by played in court.

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21
Q

Victim Rights Act 2002 (22B)

A

WEIGHT IS TO BE GIVEN TO THE VICTIM IMPACT STATEMENT.

The statement needs to be verified for this to happen.

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22
Q

Victims Rights Act 2002 (23)

A

OFFENDER IS NOT TO BE GIVEN THE VICTIM IMPACT STATEMENT TO KEEP.

a) The prosecutor or the defense counsel must hare the VIS to the offender if he/she requests this.
b) No person may give the VIS to keep - NB - an order can be made under S25 for the offender not to see the statement.

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23
Q

Victims Rights Act 2002 (24)

A

RETURN THE VICTIM IMPACT STATMENT AT THE END OF COURT PROCEEDINGS.
- All copies of the VIS are to be returned to court staff at the end of court proceedings.

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24
Q

Victims Rights Act 2002 (25)

A

JUDICIAL MAY WITHHOLD PART OF THE STATEMENT FROM THE OFFENDER TO PROTECT THE VICTIMS’ PHYSCIAL SAFETY OR SECURITY.

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25
Q

Victims Rights Act 2002 (26)

A

JUDICIAL OFFICER NOT TO TAKE INTO ACCOUNT THE WITHHELD PORTION OF THE VIS

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26
Q

Victims Rights Act 2002 (27)

A

DIRECTIONS OR CONDITIONS ON OTHER DISCLOSURE OR DISTRIBUTION OF STATEMENTS

a) May by own or by application of a prosecutor give direction or impose a condition that relates to:
- Disclosure or distribution of the VIS.
- Protect victims safety which is both physical and emotional safety.
- copying of the VIS.
- Whom it maybe disclosed to.
- No conditions imposed.

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27
Q

Victims Rights Act 2002 (28)

A

VICTIMS VIEWS ON APPILCATION FOR ORDER PROHIBITING PERMANANTLY THE PUBLICATION OF THE NAME OF THE ACCUSED OR THE OFFENDER.

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28
Q

What is definition of a victim?

A
  • Person whom an offence is committed against by another.
  • Person who suffers injury, loss or damage to property.
  • Parent or legal guardian of a child or young person.
  • A member of the immediate family of a person who dies or who is incapable due to an offence that is committed against that immediate family member.
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29
Q

What is a definition of a child?

A

Victim Rights Act 2002 = male or female under the age of 14 years old.
Evidence Act 2006 = male or female under the age of 18 years old.

30
Q

What is the definition of a young person?

A

Male or female over the age of 14-17 years old. This does not include a person that has been married or in a civil union. Those married between 14-17 years are essentially adults.

31
Q

What are the 3 types of victim reactions to an offence ?

A

1) Short term reactions
2) Long term reactions
3) Responding to victims reactions.

32
Q

Explain what are short term reactions of a victim to an offence committed against them ?

A

SHORT TERM REATIONS INCLUDE TWO THINGS
1) Frozen fright - Shock, numbness, inactivity, fainting, nausea, vomiting, starring into space, dull eyes, low blood pressure, rapid pulse, sweating, cold clammy skin, pale appearance and aimless wandering.

2) Fight or Flight - hysteria, agitation, wring of hands, loud screaming, crying, hyperactivity, nausea, vomiting, rapid speech, rapid breathing, flushed face and loss of emotional control.

33
Q

Explain what are long term reactions of a victim to an offence committed against them ?

A

LONG TERM REACTIONS INCLUDE AND ARE NOT LIMITED TO THE FOLLOWING SEVEN THINGS

1) Exhaustion - long term physical exhaustion - shock and disbelief for months.
2) Anger - outwards or inwards
3) Fear - Terror
4) Frustration - Why me?
5) Confusion - I don’t understand why this has happened to me.
6) Guilt or Self blame - What is about this event that caused the event - includes survivor guilt
7) Greif and sorrow - this could be an intense feeling

34
Q

What are four tips when responding and dealing to victims?

A

1) Express yourself this is normal
2) Do not use threatening attitudes, words or actions.
3) Don’t sit too close.
4) listen while the victim tells their story.

35
Q

Explain what prevention first is?

A

VICTIM FOCUS

-shifting the focus off the offender and focusing on the victim and providing a great service to them.

36
Q

What does VHS stand for?

A

Victim
History
Scorecard

37
Q

What does GRM stand for?

A

Graduated
Response
Model

38
Q

What are the three victim colors in NIA and what doe they stand for?

A

Green - low level victimisation towards the end of 12 months

Amber - Repeat victimization -single burglary would be in this range.

Red - High risk repeat + serious victimsation.

39
Q

What is the police principle when dealing with victims?

A

1) TREATMENT - Courtesy, compassion, respect and dignity.
2) ACCESS TO SERVICES
3) RESTORATIVE JUSTICE MEETINGS TO RESOLVE ISSUES RELATING TO AN OFFENCE
4) INFROMATION
5) PROPERTY (VICTIMS)
6) VIS - prior to 2nd appearance.

7) COMPLAINTS
TARIPVC

40
Q

What does VNS stand for?

A

Victim
Notification
system

41
Q

What level of offences would trigger a VNS?

A
  • Sexual assault
  • Serious injury or death
  • An offence that lead the victim to have on going fears for safety on reasonable grounds.
42
Q

What updates would trigger contact and communication with the victim on the VNS register?

A

1) The offender is released on bail.
2) The offender comes up for a hearing at the parole board.
3) The offenders impending release from prison.
4) Parole board decisions.
5) The offender is being considered for deportation.
6) Opportunities arise of the offender to make claims under the Prisoner and Victims Claims Act 2005.
7) Escape of the prisoner.
8) Compassionate release.
9) Breaches parole or home detention conditions.
10) Unescorted leave or death.

43
Q

How is the VNS actioned?

A

POL1065 is filled out by the victim and posted. They must sign this.

44
Q

What are two areas that police should focus on when responding to incidents involving victims?

A

TREATMENT OF VICTIMS
- Courtesy, compassion, respect and dignity.

UNDER PRESSURE ALWAY OVER DELIVER
- Clear communication - always separate the offender and the victim.

45
Q

What goals should police have when dealing with the victim during an investigation?

A

1) Crime scene to be processed ASAP.
2) CSV1 always done on the first court appearance + update on the NIA node.
3) S29 offences trigger at POL1065 which is a VNS
4) Obtain the victims views on bail - these must be made known to the court.

46
Q

What are S29 offences?

A
  • Sexual assault
  • Serious injury or death
  • An offence that lead the victim to have on going fears for safety on reasonable grounds.

THESE ALL TRIGGER A VNS POL1056

47
Q

If someone is not a victim bit is disadvantaged by an offence how is this information relayed to the court?

A

Submission of a statement of a disadvantaged person.

48
Q

Who responsibility is it to obtain VIS?

A

Always police.

49
Q

Name some helpful tips for the VIS?

A
  • Contemporaneous and added to.
  • True and correct information.
  • Form may include - written, audio and video recording.
50
Q

Who submits the VIS?

A

Prosecutor.

51
Q

Does the VIS have to be shown to the offender?

A

Yes - unless the prosecutor intends to apply for an order under S25 of the Victims Rights Act 2002.

52
Q

Can the VIS be shown to the offender without the victims consent?

A

No - victim must consent to this - this right is protected under the Privacy Act 2003.

53
Q

Who can decline the VIS being shown to the offender?

A
  • The victim.
  • The judicial officer must also agree - age and maturity of the offender - content of the statement - concerns of serious disruption.
54
Q

When is the VIS submitted?

A
  • To defence council prior to sentencing.
  • Upon a guilty plea - a VIS is present to the judicial officer together with the SOF.
  • When the offender is convicted after a JAT.
55
Q

What do s25 and s27 of the Victims Rights Act 2002 relate to?

A

These include points of the law for orders to be sort for a VIS not to be used.

56
Q

Does a judge have to apply weight to a verified and accepted VIS when sentencing?

A

Yes

57
Q

How does a court protect the personal details of the victim?

A

By making an application under section 202 of the Criminal Procedures act 2011

58
Q

What particulars does the court make an order to with hold under s202 of the Criminal Procedures Act 2002?

A

Name, address and occupation of the victim.

59
Q

With a Section 202 application what conditions would need to be satisfied to the court?

A
  • Hardship to the victim, witness or connected person.
  • Create real risk of prejudice a fair trial.
  • Endanger the safety of any person.
  • Lead to I.D. another person who has name suppression.
  • Prejudice maintenance of law - including prevention of the investigation and detection of offences.
  • Prejudice the security of the defence of New Zealand.
60
Q

What benefits can be made by a victim if an offender is paid out a sum of money within 6 years of an offence?

A

The victim can make a claim under the Prisoner and Victims Claims Act 2005.

There is a 6 month time limit to make a claim.

61
Q

List the services that are offered by the ministry of justice for victims?

A

1) Court victim advisers
2) Website - www.victiminfo.govt.nz
3) 0800 number for victims - 0800650654

62
Q

What is a CSV1?

A

Referral to victim court adviser.

63
Q

What is a Pol1065?

A

Request to be notified of the status of an offender but has to be serious offences.

  • Sexual assault
  • Serious injury or death
  • An offence that lead the victim to have on going fears for safety on reasonable grounds.

THESE ALL TRIGGER A VNS POL1056

64
Q

What is a POL1060?

A

Victim contact form - this is old form - now it is done through NIA.

65
Q

What is a POL392?

A

This is a victim impact statement.

66
Q

What is a POL128?

A

This is an opposition to bail?

67
Q

When must a victim of a S29 offence be advised of their rights to be on the victim notification register?

A

At the time of the offenders arrest or as soon as practical after arrest.

68
Q

Being on the victim notification register (VNR) means the victim will be notified. Who is responsible for notifying the victim of information concerning charges to the offender’s bail, release, escape or death?

A

The agency where the offender is being held.

69
Q

In any incident where the victim is obviously upset and distress is it compulsory for police to put through a victim support referral?

A

Yes - always police must put one through always think CYA.

70
Q

Prior to gathering information from the victim for the preparation of their statement the O/C must explain how their statement will be used and gain their approval for disclosure and distribution of their statement. Is this statement true or false?

A

True

71
Q

Who is responsible for obtain the VIS and making sure that is information is on file?

A

The O/C file.

72
Q

What is the rule of thumb for victim impact statements ?

A

Only include facts on the statement. This document is not to include opinion of any kind. What affect has the offenders actions had on the victim is a good example of what is okay.

CIB DDC 2021 (case Law) (8 decks)

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