Victims Flashcards
Victims Rights Act 2002
What does Section 4 of the Act cover?
Interpretation or definitions of particular terms in relation to Victims.
Under Section 4 of the Act, what interpretations are covered?
Clue: there 3x provided
- Immediate family (in relation to a Victim)
- Sub-sections (a) and (b) - Incapable (in relation to a person)
- Sub-sections (a) and (b) - Victim
- Sub-sections (a), (b), and (c)
What does Section 7 of the Act cover?
Under the ‘Principles guiding treatment of Victims’, Section 7 relates to “Treatment” of Victims.
Explain “Section 7: Treatment”?
- Any person who deals with a Victim should -
(a) treat the Victim with COURTESY and COMPASSION; and
(b) RESPECT the Victims DIGNITY and PRIVACY
What does Section 8 of the Act cover?
Under the ‘Principles guiding treatment of Victims’, Section 8 relates to “Access to Services” of Victims.
Explain “Section 8: Access to services”?
A Victim or member of a Victims family who has:
- welfare,
- health,
- counseling,
- medical,
- or legal needs
arising from the offence should have access to services that are responsive to those needs.
What does Section 11 of the Act cover?
- Under the ‘Information to be given to Victims’, Section 11 relates to:
. Information about programmes, remedies and services under “Sub-sections (1), (2), and (3)”.
What does Section 12 of the Act cover?
- Under the ‘Information to be given to Victims’, Section 12 relates to:
. Information about proceedings under “Sub-sections (1), (2), (3), and (4)”.
What does Section 17AA of the Act cover?
- Under the ‘Victim Impact Statements’, Section 17AA relates to:
. Victim Impact Statement defined under “Sub-sections (1) and (2)”.
What does Section 17AB of the Act cover?
- Under the ‘Victim Impact Statements’, Section 17AA relates to:
. The PURPOSE of Victim Impact Statements.
Explain Section 17AB?
Clue: 3x PURPOSES provided
(a) Enable the Victim to provide information to the Court about the EFFECTS of offending; and
(b) Assist the Court in understanding the Victims views about the offending; and
(c) Inform the Offender about the impact of offending, from the Victim’s perspective.
What does Section 17 of the Act cover?
- Under the ‘Victim Impact Statements’, Section 17 relates to:
. Information to be ascertained from the Victim under ‘Sub-sections (1), (2), (3), and (4)’.
Section 17 also covers “Victim Impact Statements in sentencing of offender”. Explain?
Clue: 5 provided
- Section 17 ensures that a CYP who is present, or involved as a Victim or a witness, or as a child of a Victim, should be included in the Victim Impact Statement process the same way as the Primary Victim.
- The Victim Impact Statement needs to be that of the Victim, and written in ‘Victim speak’. It should not repeat (re-litigate) the evidence. DO NOT USE POLICE JARGON.
- It has also become evident that some staff, due to work pressures, may be writing the Victim Impact Statement without the Victim’s input and then signing it on their behalf without confirming the content with the Victim. This practice MUST STOP as Section 19 clearly states that information obtained from the Victim is to be verified by the Victim and they are to agree that they wish that information to be provided to the Court.
- It is MANDATORY that the O/C file ensures a Victim Impact Statement is available for the SECOND APPEARANCE.
- Victim Impact Statements can now include photographs and diagrams as part of their content.
What does Section 18 of the Act cover?
- Under the ‘Victim Impact Statements’, Section 18 relates to:
. Procedure before ascertaining information from the Victim under ‘Sub-sections (a), (b), and (c)’.
What does Section 29 of the Act cover?
Specified offence defined.
Explain Section 29 of the Act?
Clue: Sub-sections (a) - (d).
(a) An offence of a SEXUAL NATURE, specified in -
(i) Part 7 [Crimes against morality and decency, sexual crimes, and crimes against public welfare] the Crimes Act 1961, excluding the offences in Sections 143 [Bestiality] and 144 [Indecency with animal].
(ii) Sections 216(H) to 216(J) [Intimate Visual Recordings] of the Crimes Act 1961; or
(b) an offence of SERIOUS ASSAULT that does not come within paragraph (a); or
(c) an offence that resulted in serious injury to a person, in the death of a person, or in a person becoming INCAPABLE; or
(d) an offence of another kind, and that has led to the Victim having ONGOING FEARS on reasonable grounds -
(i) for his or her PHYSICAL SAFETY or SECURITY; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family.
What does Section 29A under the Act cover?
Commissioner of Police to determine whether an offence affecting the Victim is a specified offence.
Explain Section 29A of the Act?
- As soon as practicable after a Victim comes into contact with the New Zealand Police, the Commissioner of Police must determine whether the offence that affected the Victim is a specified offence.
- The duty of the Commissioner of Police contained in Section 29A is delegated to all Police staff for completing.
What does Section 30 of the Act cover?
- Section 30 relates to:
. ‘Victims views about release on bail of accused or offender’, under ‘Sub-sections (1) and (2)’.
Explain Section 30 of the Act in relation to the Bail Act 2000?
- In terms of Section 8(4) Bail Act 2000 (When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to insection 29of the Victims’ Rights Act 2002, or of a parent or legal guardian of a victim of that kind, conveyed in accordance withsection 30of that Act.) and Section 30 of the Victims Rights Act 2002, the Court is required to take the Victims views into account where Section 29 applies.
What does Section 31 of the Act cover?
- Under the ‘Duties in relation to informing Victims about receiving notices’, Section 31 relates to:
. ‘Police to give Victims of specified offences information about right to ask for notice and to appoint representative’ under ‘. Sub-sections (1), (2), (3), (4), (5), (6), and (7)’.
What provisions does Sections 34-39 of the Act relate to?
- The provisions of Sections 34 - 39 relate to the Victim of specified offences and those who are on the Victim Notification Register.
What does Section 40 of the Act cover?
Representatives for notice.
Explain Section 40 of the Act?
- A Victim to whom this section applies may, for any reason he or she thinks fit, appoint any other person to receive on the Victims behalf, and ensure that the Victim is given and understands, any notice to be given to the Victim under any of Sections 34 to 39.
What does Section 49 of the Act refer to?
- Under the ‘Complaints and other ways in which rights may be enforced’, Section 49 relates to:
. ‘Complaints’ under ‘Sub-sections (1), (2), and (3)’.
What does Section 51 of the Act refer to?
- Under the ‘Complaints and other ways in which rights may be enforced’, Section 51 relates to:
. ‘Return of property held as evidence’ under ‘Sub-sections (1) and (2)’.
