Victims Right Act 2002 Flashcards
Treatment
s7 any person dealing with victims should:
- treat with courtesy/compassion
- respect dignity and privacy
Access to services
s8 a victim or victim family who has welfare,health,counselling,medical,legal needs arising from the offence should have access to these services- CSV1 first appearance be completed.77
Purpose of VIS s17AB
- Victim provide info to court on effects of offending
- assist court understand victims view
- inform offender about impact
S17 VIS information from victim
Any physical injury emotional harm
Loss damage to property
Any other effects
Any other matters consistent with 17AB
S29 VNR
A specified offence:
•Offence of sexual nature part 7 crimes act - excludes s143 and 144, and 216(H) to 216(J)
•offence of serious assault
•offence that results in serious injury,death or made them incapable,
•offence of any kind led the victim to have ongoing fears;
For their safety or security
For safety or security of 1 or more members of his immediate family.
Note:
29(a)most sexual offences covered by part 7
29(b) serious assault
29(c) causing serious injury
S29 applies
In terms of s8(4) bail Act and s30 of victims rights act, Courts are required to take view into account where s29 applies.
Similarly s12 bail act where qualifying offender is charged with punishable 3yr plus offence.
Even if s29 not apply under s8(2)(h)bail act - “special matters” view of victim as to the release of offender on bail.