Q+A Flashcards
Can a VIS be submitted to Defence counsel prior to sentencing?
No.
What must Police inform Victims of, as per the VRA?
That they are entitled to access to welfare, health, medical or legal services.
What is the Police form that records the victim’s request to be notified should the defendant be released?
POL 1065.
What is the Police form that records Police contact with a victim?
POL 1060.
What is the Police form that records the effect of crime on a victim?
POL 392 (VIS).
What is the Police form that records the Police referral to Court Victim Services?
CSV1.
What is the Police form that records an opposition to bail?
POL 128.
When/why do Police do a CSV1?
When there is a victim and the matter is going to court, so that the victim can access court victim services.
What is the agency that notifies a victim on the VNR if the offender is entitled to leave or discharged?
Ministry of Health.
What is the agency that notifies a victim on the VNR if the offender escapes, dies or is temporarily released?
Department of Corrections.
What is the agency that notifies a victim on the VNR if the offender has an parole hearing?
NZ Parole Board
What is the agency that notifies a victim on the VNR if the offender is the subject of a deportation proposal?
Department of Labour.
Who is responsible for the preparation of a VIS?
OC Case.
Is the VIS a record of the victim’s own words about what happened and what they think of the offender?
No.
What are the two most important things that must be ascertained initially when speaking to an assault victim?
The safety of the victim and the seriousness of the offence.
If called to a complaint with a vulnerable victim, would you automatically make a VS referral?
Yes.
Is a VIS taken from a victim at the time when the offender is due in Court for sentencing?
No.
When dealing with the victim of a S29 offence, what must the OC do with regard to bail applications?
Notify the victim as soon as practicable of the outcome/conditions.
When do you notify a victim of a S29 offence of their right to be on the VNR?
At the time of the offender’s arrest.
Who gives the victim of a S29 offence the POL 1065 and helps them complete it?
The OC case who has arrested and charged the offender.
Who’s responsibility is it to ensure a POL 1060 and a CSV1 are completed for a victim before a case goes to court?
The OC case.
What is the purpose of a POL 1060?
To record Police action regarding the ongoing safety of a victim.
How can Police tell if a victim is on the VNR?
Notifications database on the Bulletin Board.
Generally speaking, are the family or parents of an offender considered victims of their crime?
No.
What is the definition of a S29 offence?
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of their family.
What must Police provide in attendance at a sudden death?
They must treat the family with respect and provide information about where they can access support.
What action can a victim take if they feel like they have not been treated by the principles of the VRA?
Make a complaint.
When can a VIS be distributed by Prosecutors?
In relation to Police staff.
When can a VIS be given to the Defence?
Prior to the sentence hearing, but they must return it to court staff.
When can a VIS be retained by an offender?
Only when the victim gives consent.
What are the responsibilities of an OC case when a witness is reluctant to give evidence?
Submit a report to the Prosecutor outlining relevant grounds for the evidence to be given in an alternative way, and convince the witness of the importance of their evidence and gather their view on giving evidence in an alternative way.
What action must be taken during any incident where a victim is obviously distressed?
Provide them with a support agency or refer them to an agency that will provide support.
What are the OC’s obligations to a victim under S29 and S30 of the VNR when that victim is unsure about whether they want to go on the VNR?
Give them the POL 1065, update the POL 1060 and obtain their views on bail to pass on to the court.
Should a VIS contain the victim’s comments about an offender, any prior knowledge they have or their opinion on the sentence the offender should receive?
No.
Under what circumstances will a victim on the VNR be contacted by an agency?
If there is any new information relating to the offender’s bail, release, parole, escape or death.
Who is responsible for ensuring that there is a VIS / VIS audio or video tape held in the case file ready to be produced at the time of sentencing?
The OC case.
What must an OC case tell a victim prior to gathering information to prepare their statement?
How the statement will be used and that their approval is needed to disclose or distribute their statement.