Victims Rights

Question 1

What is immediate family member?

Answer 1

Spouse, defacto, civil union partner

OR

Victims child or step child

OR

Victims siblings or step siblings

OR

Victims parent or step parent

OR

Victims grandparent

Question 2

What does incapable in relation to a person mean?

Answer 2

Lacks wholly or partly the capacity to understand the nature and foresee the circumstances of decisions relating to personal care/welfare

OR

Has the ability to understand the nature etc but can not communicate

OR

An unconscious person

Question 3

What is a victim?

Answer 3

• A person who has a offence committed against them by another person
• suffers physical injury, loss or damage to property
• parent or legal guardian of a child who is the victim of an offence
• an immediate family member if the victim dies or is incapable unless that member committed the offence.
• a person who suffers emotional harm from an offence committed against them
• a person who experienced family violence
• a child residing with a person who has experience family violence

Question 4

s8 - access to services

Answer 4

Police have obligation to provide support to services

Done by make referrals/contacting
VS
Refuge

Ensure a CSV1 is completed as the court victim advisor will offer further support

Question 5

s11 - Information about programmes, remedies and services

Answer 5

As soon as practicable after a victim comes into contact with an agency be given info about the programmes, remedies and services

Agency is
- ACC
- Health NZ
- Department of corrections
- MoJ
- MSD
- NZP

Services include restorative justice

Question 6

s12 - information about proceedings

Answer 6

Legally obliged to keep victim informed with investigation and prosecution updates

Also includes suppression and prohibition orders

Question 7

R v Proctor (victim impact statement)

Answer 7

VIS should not contain the victims account of the actual offending but the effect the offending had on them.

Question 8

s18 - procedure before ascertaining information from a victim for a VIS

Answer 8

OC has responsibility to advise victims about the info for the VIS, that it must be true and maybe verified

(Bottom box on the VIS)

Question 9

s29 - VNR

Answer 9

Completed at the point of arrest (POL 1065)

Victim will be notified about
- relapse/escape from prison
- absconding from HD
- recalls to prison
- parole hearings and how to be involved in that process
- Deportation hearings
- death of offender

Question 10

s30 - victims views about release on bail.

Answer 10

If victim of s29 the prosecutor must make all reasonable efforts to obtain the victims views on bail.