Victims Flashcards
Define immediate family in relation to a victim
A member of the victims family or Whanau. Includes Spouse, Civil Union Partner, De Facto, victims child or step child, brother/sister or step brother/sister, parent or step parent or grandparent.
Define a Victim
- A person whom and offence is committed by another person.
- A person who suffers physical injury, loss of or damage to property.
- A parent or legal guardian of child.
- A member of the immediate family of a person who has died as a result of an offence committed by another person.
Define a victim in relation to sections 7 (Treatment) & 8 (Access to services).
- A person who suffers any emotional harm.
- A parent or legal guardian.
- A person who has experienced domestic violence.
- A child or young person residing with the family member from domestic violence.
Define Section 7 of the Victims Rights Act.
Section 7 - A person who deals with a victim (Judicial officer, Lawyer, Court staff, Police employee, Probations) should treat the victim with COURTESY and COMPASSION and respect the victims DIGNITY and PRIVACY.
Define Section 8 of the Victims Right Act
A victim or member of the victims family who has welfare, health, counselling, medical or legal needs arising from the offence should have access to services that are responsive to those needs.
CSV1 required to be completed at every first appearance.
Define section 11 of the Victims Right Act
A victim must as soon as practicable after the victim comes into contact with an agency be given information about programmes, remedies or services available to the victim.
Agencies include: Accident Compensation Corporation, DHB, Corrections, Ministry of Justice, Ministry of Social Development, The New Zealand Police.
Define Section 12 of the Victims Right Act
A victim must as soon as practical be given information by investigating authorities, court staff or the prosecutor about:
- The progress of the investigation.
- Charges laid, changes or reasons for not laying.
- The victims role as a witness includes making an order prohibiting information about the victim.
- The date and place of Court.
- Outcome of the Prosecution.
What is section 17 of the Victims Right Act
Victim Impact Statement is information obtained from the victim or person treated as the victim to assist with a sentence indication or sentencing the offender. The purpose is:
- Enable the victim to provide information to the court about effects of the offending.
- Assist the court with understanding the victims views.
- Inform the victim about the impact of offending from the victims perspective.
When is a Victim Impact Statement Mandatory?
The second appearance.
Define Section 18 of the Victims Right Act
The prosecutor must make all reasonable efforts to ensure that the victim is informed (before a VIS) that the information is for a VIS, the victim must ensure the information is true, the information must be recorded.
The victim is informed about who can see or make copies of the VIS.
Any views the victim has on if the prosecutor should apply for orders etc
Define Section 29 of the Victims Right Act
- Offences of a sexual nature.
- A serious assault.
- Serious Injury, Death or Incapable.
- Offence that leads to the victim having on going fears Eg: Arson, threats to kill
Define Section 30 of the Victims Right Act
- The victim is the victim of a specified offence and the person accused requested bail.
- The prosecutor must make all reasonable all reasonable efforts to obtain the victim views and advise the court of the victims views.
Define Section 31 of the Victims Right Act
Police must provide information to victims of specified offences about right to ask for notices and appoint representatives.
Define Section 40 of the Victims Rights Act
The victim may appoint a representative. The representative will act as the go between on behalf of the victim.
Define Section 49 of the Victims Rights Act
Police must ensure their obligations under the Victims Rights Act 2002 are met to avoid complaints to the IPCA.
