Victim Rights Act Flashcards

1
Q

What is a victim

A

S4(a) of the Victim Rights Act states:
A victim means
(i) A person whom an offence is committed against,
(ii)A person who through, or by means of suffers physical injury, loss or damage to property.
(iii) a parent or legal guardian of a child or YP who falls under (i) or (ii) unless that parent is the offender.
(iv) A member of the immediate family of a person who as a result of an offence committed dies or is incapable

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2
Q

What is immediate family as per the Victim Rights Act.

A

As per S4 of the Victims Rights Act, immediate family includes
(a) A member of the victims family, whanou or other culturally recognized family group, who is in a close relationship with the victim
(b) to avoid doubt includes
(i) spouse, civil union or de feacto partner
(ii) child or step child
(iii) sibling or step siblings.
(iv) parent or step parent
(v) grandparent

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3
Q

S51 Victim Property

A

(1) Law enforcement agencies that hold victim property for evidential purposes must return said property as practicable after they no longer need to hold it for those purposes.
(2) Subsection (1) does not apply if the said victim does not want the property returned.

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