Victims Flashcards
Definition of immediate family
Victims spouse or civil union partner or de facto partner
Victims child or stepchild
Victims brother or sister step brother or sister
Parent or stepparent of the victim
Grandparent of the victim
Definition of incapable
The person lacks wholly or partly the capacity to understand the nature and to see the consequences of decisions in respect of his personal care or welfare
Has the capacity to understand… But Holly lacks the capacity to communicate decisions
Definition of victim
Person whom against offence committed
And
Person who suffers physical injury or loss or damage
And parent or legal guardian of child victim (unless parent is offender)
And
Immediate family of victim who is in capable
information about programs…. A victim must
A victim must
As soon as practicable after the victim comes into contact with an agency
Given information
12 victims rights - information about proceedings
A victim must As soon as practicable be Given information about Progress charges role as witness orders events outcomes
The purpose of a victim impact statement
To enable victim to provide information to the court about the effects of the offending
And
Assist the court in understating the victims views about offending
And
Inform the offender about the impact of offending from the victims perspective
Information to be ascertained from victim for a victim impact statement
Any physical injury Emotional harm suffered Loss or damage of property Any other affects Any other matter consistent with purpose
The purpose of a victim impact statement (short)
To inform the sentencing judge of the effects of the offending
Not
The details of the offending
Procedure before ascertaining information from victim
Prosecutor must make all reasonable efforts to ensure
Victim is informed that the information is for a VIS
And
Victim must insure any information is true
And
Information must be recorded and maybe be verified
And
victim informed who may properly see or make copies
Specified offence defined
Sexual nature
Serious assault
Events that result in serious injury or death
Offence that lead victim to have ongoing fears on reasonable grounds for
Physical safety or security
Physical safety or security of one or more immediate family
Victims of specified offence views on release on bail of accused
Prosecutor must
Make all reasonable efforts to ascertain views
And inform court of views
Provisions of the victims rights act obligate police to…
Treat victims with courtesy and respect
And
States the victims should have access to services that are responsive to their needs
