Victim Focus

Question 1

Who is a victim?

Answer 1

Under the Act, a victim means:

(i) A person against whom an offence is committed by another person.
(ii) A person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to property.
(iii) A parent or legal guardian of a child, or of a young person who falls within (i) or (ii) – unless that parent or guardian is the person 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 family member is the person charged/convicted.

For the purposes only of sections 7 and 8, includes:

(i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph
(i) , unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iii) a person who has experienced domestic violence; and
(iv) a child or young person residing with a person who falls within subparagraph (iii)

Question 2

Explain Section 7, Victims’ Rights Act 2002

Answer 2

Victims should be treated with courtesy, compassion and respect for their personal dignity and privacy.

Question 3

Explain Section 8, Victims’ Rights Act 2002

Answer 3

A victim or member of a victim’s family should have access to the following services;

Welfare, health, counselling, medical, or legal

Question 4

Explain Section 11, Victims’ Rights Act 2002

Answer 4

Inform victims of services available

Question 5

Explain Section 12, Victims’ Rights Act 2002

Answer 5

The prosecuting authority must advise the victims of the:

• progress of the investigation
• charges filed or action taken
• date and place of proceedings
• role of the victim as a witness
• outcome of proceedings.

Question 6

Explain Section 51, Victims’ Rights Act 2002

Answer 6

A person’s property held for evidential purposes must be returned as soon as practicable when it is not longer required as evidence.