Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Victims > Police Service To Victims > Flashcards

Police Service To Victims Flashcards

1
Q

What is a victim not?

A

A person charged with, convicted or who pleads guilty to an offence relating to same incident, when offence was committed by another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Only for the purposes of section 7 and 8 of the Victims Rights Act, who is a victim (7 descriptions)?

A
  1. A person who suffers any form of emotional harm through an offence committed by another
  2. Parent or guardian of child who suffers any form of emotional harm through an offence committed by another ( except if offender )
  3. A person who has experienced domestic violence (as per section 3 of Domestic Violence Act 1995)
  4. A child or young person who resides with victim of domestic violence
  5. Members of immediate family if victim dies or is incapable
  6. Witnesses (ie bank tellers witnessing armed robbery at their workplace )
  7. People living in fear because of serious criminal acts bring committed locally
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Victims are entitled to a support person. Who can be a support person as defined under section 4 of the Victims Rights Act 2002 (6 examples)?

A
  1. Spouse, de facto or civil union partner of victim
  2. Person nominated in writing by victim (excluding offender)
  3. Parent , close relative or legal guardian of child
  4. Social workers of CYPF if:
    Victim is:
    Child or yp under cyf care or custody
    Child who is not married or in a civil union and is placed under the court s guardianship by order under Care of Children Act 2004 and social worker is appointed the agent of the Court
  5. Welfare guardian of victim or manager of victim s property appointed under Protection of Personal Property Rights Act 1988
  6. Attorney appointed by the victim under power of attorney ( if matter relates to care and welfare of victim in relation to which the attorney is authorised to act)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who is the accused person as defined in section 4 of the Victims Rights Act 2002?

A

Person charged with offence that affected the victim (including as party to or accessory after the fact)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define an offender as per section 4 of the Victims Rights Act 2092?

A

Person convicted of crime r offence that affected victim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Definition of Child in section 4 of Victims Rights Act 2002?

A

Under the age of 14 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Definition of a Child (relating to witnesses) in section 4 of Evidence Act 2006?

A

A person under the age of 18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Definition of a child complainant (Evidence Act 2006)?

A

Complainant who is a child when the proceeding commences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Meaning of victim (4 descriptions)?

A
  1. A person against whom an offence has been committed
  2. A person who through an offence committed by another suffered injury, loss of or damage to property
  3. A parent or legal guardian of a child or young person as above ( except if that person is the offender)
  4. A member of the immediate family of a person who as a result of an offence committed by another, dies or is incapable ( unless that person is their fender)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the Victims Rights Act 2002 definition of immediate family ?

A

Member of the victim’s family, whanau, or other recognised family group who us in a close relationship with the victim at the time of the offence.( includes people whose relationship to the victim at the time is close ie. de facto, step child etc..
When offence results in person s death or them being incapable, a person who is not a member of the person s immediate family may apply to be treated as if they were.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the d finite on of incapable (Victims Rights Act 2002)?

A

Lacks the capacity to understand the nature and foresee consequences of decisions about their personal care and welfare OR has the capacity to do the above but not to communicate it.
Includes person in continuous coma.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the definition of a judicial officer(Victims Rights Act 2002)?

A

Judge or other person who holds judicial office(ie Justice of the peace or community magistrate) excel using jurisdiction in criminal cases. Does not include registrar.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What s the definition of an offence (Victims Rights Act 2002)?

A

In relation to a victim means offence against an enactment committed against a victim OR through which the victim suffered physical injury or emotional harm, or loss of or damage to property OR that resulted in the death of a member of the victim s immediate family or in a member of the victim s immediate family being incapable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the definition of a witness (section 4 Victims Rights Act 2002)?

A

Person who gives evidence and is able to be cross- examined in a proceeding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the definition of a Young person (Victims Rights Act 2002)?

A

Over the age of 14 but under 17. Does not include person who has been married or in a civil union.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a victim’s short-term reaction?

A

Immediately after crime, may initially be angry and blame police, typical short term emotional responses are shock , disbelief and denial.
‘Frozen fright ‘ and ‘fight or flight’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the symptoms of ‘frozen fright’ exhibited by a victim s short term reaction?

A

Symptoms similar to shock, including numbness, inactivity, fainting, nausea, vomiting, staring into space, dull eyes, low blood pressure, rapid pulse, sweating, cold clammy skin, pale appears e and aimless wandering

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the short term reaction ‘fight or flight’ symptoms exhibited by a victim?

A

Hysteria, agitation, wringing of the hands, loud steaming or crying hyperactivity, nausea, vomiting rapid speech and rapid breathing, flushed face and loss of emotional control

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are some of the long-term reactions of victims?

A

Shock , disbelief, denial, exhaustion, anger, fear (panic attacks)frustration and confusion (why me?), guilt, self blame, grief and sorrow.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the 3 Graduated Response Model levels of response to victims?

A 
Bronze, silver, gold
Emergency intervention (override above)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the GRM bronze response level to victims?

A

Follow police policy for crime type
Gather information
Ask about undisclosed offences
Discuss crime prevention
Make victim support referral if appropriate
Refer to other agencies if appropriate
Ask if want support person
Consider area enquiries that in ‘cocoon’ area and provide crime prevention advice
Send information letter with prevention advice if appropriate
Is ongoing case ask how they want to receive communication and how often

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the GRM bronze level of response for the offender?

A

Ensure police police for crime type is followed
Consider bail conditions/ opp to bail
Consider Intel
Consider prevention opportunities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the GRM silver response level to victims?

A

Bronze response and :
Referral to relevant partner agencies if appropriate
Face to face crime prevention visit with victim
Follow up phone call subsequent to crime prevention visit
Referral to Tasking and Coordination if required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the GRM silver response level for offenders?

A

Bronze response and:
Prevention visit to discuss consequences of actions
If offender and victim known to each other, advise of support services that best address needs of both parties
Follow up phone calls over 2 weeks

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is the GRM gold response for victims?

A

Silver response and:

Visit by officer to :
Engage victim in crime prevention
Update action taken re case
Obtain permission to contact neighbours/ friends to keep watchful eye

Consider obtaining privacy waiver consent
Increase directed patrols in victim s neighbourhood
Target hardening(personal alarm, additional security)
Victim Intervention Plan developed and implemented
Referral yo Tasking and Coordination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the GRM gold response level to offenders?

A

Intel led targeting of offender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When must victims be contacted?

A

At every significant change in the case, at each step of the 10 step case manage mn cycle. Discuss best method and frequency with victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Where must short term interventions be recorded?

A

In NIA Victim Contact Node

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What must occur for long term interventions?

A

A Victim Intervention Plan must be created, attached to NIA doc loc and receded as VictimContact type when actions take place with victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What should be entered when a long term intervention plan is in place?

A

An information alert

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the victimisation history scorecard flags in NIA?

A

Green: lower level victimisation
OR a towards the end of the 12 months victim history

Amber: repeat victimisations OR single serious victimisation(ie burglary)

Red: high risk repeat victimisation and/ or serious victimisation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

How long is a person s victimisation history retained for?

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What are the 8 key steps police must follow in cases involving a victim?

A
  1. Find out if have been a victim before (NIA victimisation score card
  2. Apply GRM
  3. Capture accurate victim details
  4. Enter complete victim details into NIA before charge entry
  5. Follow case management principle re contact victims at least at each of the ten step case management process
  6. Comply with Victims Rights Act 2002
  7. Use tasking process to assign prevention tasks for victims and oversee high risk victims
  8. Create and manage case plans for victims (Victim Intervention Plan)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When may information about proceeding be withheld from the victim?

A

If there is a good reason under the Offucial Information Act ( ie if giving it would prejudice the maintenance of the law, including prevention, investigation and detection of offences and right to fair trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

When should victim s property held as evidence be returned?

A

As soon as practicable after it s no longer needed

36
Q

What is the Victim Notification System(VNS?)?

A

The process set up by agencies to notify registered victims of specified serious offences who wish to be notified about bail, release, escape and death of defendant of offender.

37
Q

Who can register on the VNR?

A

Only victims of offences specified in section 29 of Victims a Rights Act, offence must be:
Sexual or other serious assault
One that resulted in serious injury to a person, the death of a person or a person being incapable
One of another kind that has led victim to have fears for their safety or security or that o members of their immediate family

38
Q

When must a victim be advised about VNS?

A

Police must determine whether offence comes under section 29 of the Victims Rights Act as soon as practicable and if so victim MUST be informed of their right to be on the VNR and to be notified about bail, release, escape and death of offender/accused

39
Q

What are a victim’ s notification rights while on the VNR?

A

Victim will be notified when offender:

Is released on bail ( including terms and conditions) and have their views on bail made known to the Court

When offender comes up for hearing by Parole Board and be able to participate n process and make submissions

Impending release from prison
Temporary release from prison or part time release the work

When prison sentence is substituted by sentence of detention

When parole Board makes decision:
Whether to grant parole
Concerning interim ordinal recall order

When offender is considered for deportation or has appealed against such order

About opportunities to make claims under Prisoners and Victims Claims Act

Offender:
Escapes from prison or absconds from Home D
Dies in prison, while under release conditions on while on Home D
Is given compassionate release
Breaches Parole, release or Home D conditions, convictions and sentences for breaches
Is discharged, given unescorted leave, has escaped or died when liable to be detained in a hospital or facility

40
Q

What must PNHQ do after a victim is registered on the VNR?

A

Inform the agency where offender is held ( Health or Corrections) that they must inform victim about bail, release, escape, or death of offender.

Agency must inform victim of any changes to offender s custody status.

41
Q

What must occur when a victim updates their address for the VNR by writing to any of the agencies (police, health or corrections)?

A

The agency must confirm receipt , forward notice to agency previously provided with details, inform victim when this is done and which agency it was sent to.

42
Q

Which form are the rights given by registering with VNR listed?

A

On the back of Pol 1065 (Notification a Release form)

43
Q

What 8 steps must the o/c take in relation to the VNR if section 29 applies?

A
  1. Inform victim of right to be on VNR at time of offender s arrest
  2. Explain rights given by VNR and that they will only be notified if:
    Ask to be registered on VNR
    Provide current address
  3. Update victim Contact in NIA, noting response re VNR
  4. Give victim Notification release form (pol 1065) to fill out
  5. Victim signs form and posts ( police may post on their behalf)
  6. Retain copy of completed 1065 on fold
  7. Advise victim that they are responsible to keep police informed of changes of address
  8. Application verified at PNHQ
44
Q

Who other than the victim may receive VNR notifications?

A

A representative nominated by the victim can receive info on victim s behalf,
If victim unable, police must inform support person that representative may be appointed

45
Q

What must occur in the case of a bail application for offence under section 29, whether or not victim is on VNR?

A

Police must:
Ensure victim s views are ascertained and include in opposition to bail (pol 128) or 258 to prosecutions if no opposition
Note above in NIA victim Contact node
Ensure Court is advised of victims views
All victims are advised as soon as practicable of outcome of any bail application, including terms and conditions relating to safety of victim or mediate family, offender not associating with or contacting victim or their immediate family.

46
Q

Until which 4 times does a release on bail occur?

A
  1. Until hearing of proceeding
  2. During an adjournment
  3. Until sentencing
  4. Until determination of an appeal against conviction or sentence
47
Q

Where can police employees query the VNR?

A

On theBulletin Board , Notifications, Query.

48
Q

When is a victim impact statement required?

A

In every case involving an identifiable victim
For others disadvantaged by offence if considered warranted by prosecutor
If o/c believes it’s justified for corporate victims

49
Q

What form is used for a victim impact statement?

A

Pol 392

50
Q

What should a victim impact statement NOT contain?

A

Information that is false, irrelevant or confidential

Comment that is abusive or threatening

Reference to other unlawful acts by the offender that have not been the subject of charges unless admitted and referred to in original summary of facts

Other incidents in high victim was victim of an offence

Information that does not relate to the charges before the Court

51
Q

When should a victim impact statement be updated?

A

Before each of the keys stages in court process

52
Q

Who can distribute victim impact statements?

A

They can ONLY be distributed by Prosecutor
Must NOT be disclosed in disclosure packs
Cannot be disclosed to offenders without victim s consent (under Privacy Act 1993)

53
Q

When is a victim impact statement distributed to:
Defence counsel?
Court?
Judge?

A

Defence counsel: before sentencing hearing (subject to any orders and restrictions)

Court:
if guilty plea, at same time as summary of facts

If statement treated as a victim because disadvantaged by offence, can only be submitted to Court with leave from sentencing judge

Judge:
When suspect has been convicted after not guilty hearing and case involved
- identifiable victim
-corporate victim
- death or person being made incapable, members of immediate family

54
Q

Who monitors prosecution files for compliance?

A

District Commanders: institute systems in the district to monitor prosecution files and ensure victim impact statements are on file

O/C Prosecutions: ensure up to date vis are on file,
Liaise with o/c re updates, receive monthly vis audit sheets from prosecutors recording compliance

55
Q

When can information relating to the victim s contact details be given in evidence or in information provided to the Court?

A

Only with leave of a judicial officer if satisfied that the information is directly relevant to the facts in issue AND the evidential value outweighs any prejudice to the I tim s interests or harm to the victim likely to be caused by giving the information

56
Q

Can a witness’s address be given in evidence?

A

It may not without judge s permission be the subject of any question to the wines, included in any evidence, or included in any statement or remark made by a witness, lawyer, officer of the court, another person

Judge can only permit it being mentioned if sufficient relevance to facts in issue and its exclusion would be contrary to interests of justice

57
Q

Under section 202 of the Criminal Procedures Act, when would the Court make an order prohibiting publication of the victim s details?

A

If court is satisfied that publication would:

  • Cause undue hardship to witness, victim or connected person
  • Create real risk of prejudice to a fair trial
  • Endanger safety of any person
  • Lead to identification of another person whose name is suppressed by order or by law
  • Prejudice maintenance of the law, including prevention, investigation and detection of offences
  • Prejudice the security of NZ
58
Q

What must police inform a victim. Of in relation to orders prohibiting the publication of identifying information ?

A

Police MUST inform victim about possibility of court making such order and steps victim can take in relation to the making of such order

59
Q

How is the privacy of the victim protected in sexual cases?

A
  • no question may be put yo the victim or witnesses about the victim s occupation
  • no statement or remark may be made in court by any person involved in the proceedings about the victim s occupation, unless the judge grants permission.
60
Q

When can the details of a victim of a specified sexual offence be published?

A

If the person is 16 or over for proceedings commenced before 5 March 2012 or 18 years after 5 March 2012 AND the court permits publication by order. (Victim may apply for order permitting publication of their details or those of the offender)

61
Q

Until what age is a child victim or witness ‘s identity automatically protected?

A

For proceedings pre 5 March 2012, 17 years, for proceedings commenced post 5 March 2012, 18years.

Note: victim or witness may apply to the court for order permitting publication of their details once 18 years old

Note: details of child victim who has died as result of offence may be published

62
Q

When can the court make an order forbidding publication of any report r account of the whole or any part of evidence, forbid the publication of the name of any witnesses or any particulars leading to their identification and exclude all or any person (except informant, police, defendant, counsel and any officer of the court)from the whole or any part of the proceedings?

A

Where a court is of the opinion it is in the interests of justice or public morality or the reputation of any victim of any alleged sexual offence.

63
Q

What are the powers to clear the court for proceedings post 5 March 2012?

A

Automatic restrictions on who can be present in court in cases of sexual nature apply and court may make order to exclude persons in other circumstances

64
Q

Who is responsible for making arrangements for restorative justice processes?

A

Restorative justice providers. Victim details are to be provided to the Victim adviser of the court through CSV1, enabling restorative justice provider to contact victim.

65
Q

In what 3 alternative ways can a victim give evidence?

A
  1. In the courtroom but where witness in unable to see defendant or any other person
  2. From outside the courtroom in NZ or elsewhere
  3. By video recording made Bamford the hearing
66
Q

What MUST prosecution do in relation to a child complainant (under 18 when charge is laid) giving evidence?

A

Prosecution must apply to the court for directions about the way in which complainant is to give evidence.

67
Q

Which forms are to be used to apply to give evidence in an alternative way?

A

Pol 2023 for child (under 18)

Pol 2020 for an adult

68
Q

What are victim support’s 2primary objectives?

A

Provide information, support and assistance to victims, witnesses, their families and friends

Raise public awareness and recognition of the effects of crime and promote victim s rights

Provides 24 hours support, advocacy and information

69
Q

When must police refer to victim support?

A
  • serious incident ( serious crime, fatal or serious crash etc) Or
  • the victim is significantly affected by the incident
    Or
    -the victim is likely to be involved with the justice system for extended period
70
Q

How must police make referrals to victim support?

A

Referrals must be at the earliest opportunity (immediately when victim significantly affected) by victim support 24/7 contact service phone number

71
Q

When should victims be referred to a specialist agency rather than victim support?

A

In cases or family or sexual violence ( if not available, refer to victim support)

72
Q

How much information should be shared with Victim Support?

A

Only sufficient information to achieve respective agency s purpose

73
Q

Which other agencies support victims?

A

Women s Refuge, Shine, Alcoholics Anonymous, Relationship Services, Samaritans, Salvation Army

74
Q

Who provides the single point of contact for Victim Support requests?

A

The victim Support Contact Centre, PNHQ aim:

  • handle all phones requests
  • improve communication with police and victim support
  • improves dispatch of support workers with effective safety plan in place.
75
Q

What should you do in order to contact victim support if telephone systems fail?

A

Send urgent email , phone contact centre s mobile number, contact nearest station

76
Q

Who is responsible for making arrangements for restorative justice processes?

A

Restorative justice providers. Victim details are to be provided to the Victim adviser of the court through CSV1, enabling restorative justice provider to contact victim.

77
Q

In what 3 alternative ways can a victim give evidence?

A
  1. In the courtroom but where witness in unable to see defendant or any other person
  2. From outside the courtroom in NZ or elsewhere
  3. By video recording made Bamford the hearing
78
Q

What MUST prosecution do in relation to a child complainant (under 18 when charge is laid) giving evidence?

A

Prosecution must apply to the court for directions about the way in which complainant is to give evidence.

79
Q

Which forms are to be used to apply to give evidence in an alternative way?

A

Pol 2023 for child (under 18)

Pol 2020 for an adult

80
Q

What are victim support’s 2primary objectives?

A

Provide information, support and assistance to victims, witnesses, their families and friends

Raise public awareness and recognition of the effects of crime and promote victim s rights

Provides 24 hours support, advocacy and information

81
Q

When must police refer to victim support?

A
  • serious incident ( serious crime, fatal or serious crash etc) Or
  • the victim is significantly affected by the incident
    Or
    -the victim is likely to be involved with the justice system for extended period
82
Q

How must police make referrals to victim support?

A

Referrals must be at the earliest opportunity (immediately when victim significantly affected) by victim support 24/7 contact service phone number

83
Q

When should victims be referred to a specialist agency rather than victim support?

A

In cases or family or sexual violence ( if not available, refer to victim support)

84
Q

How much information should be shared with Victim Support?

A

Only sufficient information to achieve respective agency s purpose

85
Q

Which other agencies support victims?

A

Women s Refuge, Shine, Alcoholics Anonymous, Relationship Services, Samaritans, Salvation Army

86
Q

Who provides the single point of contact for Victim Support requests?

A

The victim Support Contact Centre, PNHQ aim:

  • handle all phones requests
  • improve communication with police and victim support
  • improves dispatch of support workers with effective safety plan in place.
87
Q

What should you do in order to contact victim support if telephone systems fail?

A

Send urgent email , phone contact centre s mobile number, contact nearest station

Victims (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions