Policing Act 2008, Victims Right Act 2002

Question 1

When can Police take identifying particulars of a person (s32)?

Answer 1

Can be taken off a person in lawful custody of Police if they have been detained for committing an offence and are at a Police station or any other place used for Police purposes

Question 2

What does identifying particulars mean?

Answer 2

• biographical details e.g. name, address, DOB
• photograph or visual image
• impressions of the persons fingerprints, palm prints, footprints

Question 3

When may Police detain a 1K person?

Answer 3

If 1K in a public place, or while trespassing on private property, can detain and take into custody if reasonably believe:
- incapable of protecting self from harm
- likely to cause physical harm to another person
- likely to cause significant damage to property
and Police satisfied it is not reasonably practicable to provide for their care and protection by:
- taking the person to their place of residence
- taking the person to a temporary shelter

Question 4

What must occur for a detained 1K person?

Answer 4

• must be released as soon as cease to be 1K
• must not be detained longer than 12 hrs after first detained, unless a health practitioner recommends they be further detained for a period not exceeding 12 hrs

Question 5

What is included within the definition of immediate family?

Answer 5

• victims spouse, civil union partner, or de facto partner
• victims child or step-child
• victims brother, sister, or step brother/sister
• parent or step parent of victim
• grandparent of victim

Question 6

What is included within the definition of victim?

Answer 6

• person against whom an offence is committed by another person
• person who suffers physical injury, or loss of, or damage to property
• parent or legal guardian of CYP affected
• member of the immediate family of a person who, as a result of an offence committed, dies or is incapable

Question 7

What is required under s7, treatment of a victim?

Answer 7

any person who deals with a victim should:

• treat the victim with courtesy and compassion
• respect the victims dignity and privacy

Question 8

What needs to be advised to a victim regarding access to services (s8)?

Answer 8

a victim or member of a victims family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs

Question 9

What info should be given to victims (s11)?

Answer 9

info about programmes, remedies or services available through the agency.

Question 10

What is the purpose of the VIS?

Answer 10

• enable the victim to provide info to the court about the effects of offending
• assist the court in understanding the victims views about the offending
• inform the offender about the impact of offending, from the victims perspective

Question 11

What info should be ascertained from the victim (s17)?

Answer 11

• any physical or emotional harm suffered
• any loss of, or damage to, property suffered
• any other effects of the offence on the victim

Question 12

What is a specified offence (s29)?

Answer 12

• offence of a sexual nature
• offence of serious assault
• offence that resulted in serious injury to a person, in the death of a person, or in a person becoming incapable
• offence of another kind that has lead the victim to have ongoing fears on reasonable grounds for their physical safety or security or their immediate family