Victims Rights Flashcards
Section 4 of the Victims Right Act 2002
Who does immediate family cover?
Member of the family, whanau
also includes:
spouse, civil union partner, de facto
child or step-child
brother, sister or step brother/sister
parent or step-parent
grandparent
Section 4 of the Victims Right Act 2002
What does incapable mean?
lacks wholly or partly the capacity to understand/forsee the consequences of decisions/actions
** includes the person being in a station of continuing unconsciousness
Section 4 of the Victims Right Act 2002
Who is a victim?
Person whom an offence is committed against
parent or legal guardian of a child victim
member of the immediate family of a person who has died
Person who has experienced FV
Section 7 of the Victims Right Act 2002
How should victims be treated?
With courtesy and compassion
respect the victims dignity and privacy
Section 8 of the Victims Right Act 2002
Is a member of a victims family entitled to counselling, medical or legal access?
Yes
Section 11 of the Victims Right Act 2002
What information/services can be given to victims?
ACC
Health NZ
Department of Corrections
Ministry of Justice
Ministry of Social Development
NZ Police
** ASAP
These public agencies are obligated to provide information and support as soon as practicable
Should a victim support referral be added into NIA?
Yes as a victim contact and notes added
Section 12 of the Victims Right Act 2002
What information should victims be given regarding proceedings?
Progress
Charges
Role in the prosecution
Name suppression for Offender
Date & Place of each event
Outcomes of prosecution
** As soon as practical
Are Police legally obligated to inform victims of file/charges progress?
Yes. We have a statutory responsibility to meet these obligations
Section 17AA of the Victims Right Act 2002
What can be included in a Victim Impact Statement?
Recordings
Summary
Transcript
Photos
Drawings
Other visual representation by the victim
What is the purpose of a Victim Impact Statement?
Enable the victim to tell the court about the effects of the offending
Assisting the court in understanding their views about the offending
Inform the offender about the impact of the offending from the victims perspective
Which files should the Victim Contact Node be used?
All files, not just arrest files.
If the child victim is at the event, does the Victim Impact Statement process change from that of an adult?
No, they should be dealt with in the same way as the primary victim
Can Police sign a victim impact statement on behalf of a victim?
No
When must a Victim Impact Statement be ready?
For the second appearance
If the victim wants to add some further information, how should this be done?
Added to the bottom of the original VIS
Can a Victim Impact Statement be provided electronically?
Yes
What are “specified Offences” in regards to Section 29 Victims Rights Act?
Victims of….
Sexual Offending
Serious Assaults
An offense that ended in serious injury
An offence where the victim has ongoing fears for their safety / security to them or their family
Can all Victims go on the Victim Notification Register?
No.
Only victims of “specified offences”
Sexual Offending
Serious Assaults
An offense that ended in serious injury
An offence where the victim has ongoing fears for their safety / security to them or their family
What information is the victim informed about if on the Victim Notification Register?
Temp release or escape
Absconding from HD
Impending release from Prison
Convictions of breaching conditions of release
Recalls
Pending parole hearings
Notification of the Parole Board Hearings
Deportation Hearings
Claims under the Prisoner & Victims Claims Act 2005
Who determines whether an offence affecting a victim is a “specified offence”?
The Commissioner of Police
* in this instance the duty of the Commissioner is delegated to all Police Staff
Are the views of victims taken into account when a Judge is sentencing or applying for court release on bail?
Yes
If a victim of a “specified offence” appoints a Representative, does the victim, the representative or both, receive updates?
The Representative
Who may a Victim complain to?
An Ombudsman
Independent Police Conduct Authority
The Privacy Commissioner
