Victims Rights

Question 1

Section 29
Only victims of offences specified in section 29 of the Act can go on the victim
notification register. The offence must be:

Answer 1

• one of sexual violation or other serious assault
• one that resulted in serious injury to a person, the death of a person or a person
being incapable, or
• one of another kind, and that has led to the victim having ongoing fears on
reasonable grounds:
- for their physical safety or security, or
- for the physical safety or security of one or more members of their immediate
family.

Question 2

Bail applications when section 29 applies

Answer 2

Whether or not a victim of an offence specified under section 29 has applied to go on the
victim notification register, Police must make all reasonable efforts to ensure that:
• the victim’s views about the accused’s or offender’s release on bail are ascertained
• the court is informed of these views
• the victim is advised of the outcome of any bail hearing.

Question 3

Section 30

Victim’s views about release on bail of accused or offender This section applies if—

Answer 3

This section applies if—
(a)
the victim is the victim of a specified offence; and
(b)
the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.
(2)
If this section applies, the prosecutor must—
(a)
make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
(b)
inform the court of any views ascertained under paragraph (a).]

Question 4

Section 31
Police to give victims of specified offences information about right to ask for notice and to appoint representative
(1)
This section applies in respect of a victim of a specified offence

Answer 4

Police to give victims of specified offences information about right to ask for notice and to appoint representative

The Commissioner of Police must, as soon as practicable,—
(a)
inform the victim of the matters required by subsections (3) to (5); and
(b)
inform a support person of the victim of the matters required by subsection (6).
(3)
The Commissioner of Police must inform the victim that the victim has the right to ask to be given any notice under sections 34 to 38 and that, if he or she asks to be given such notices, then the victim must at the same time give to the New Zealand Police his or her address in accordance with section 32B(1)(c)(i).
(4)
The Commissioner of Police must inform the victim that if the victim asks to be given any notice under sections 34 to 38 and gives the New Zealand Police his or her address, then the victim may also be given notice under the following provisions:
(a)
section 39:
(b)
section 20 of the Prisoners’ and Victims’ Claims Act 2005.
(5)
The Commissioner of Police must inform the victim that—
(a)
the victim may appoint a representative under section 40 to request and receive on his or her behalf any notice given under sections 34 to 39; and
(b)
if the victim appoints a representative, the victim or his or her representative must give to the New Zealand Police the name and address of the representative in accordance with section 32B(1)(c)(ii).

Question 5

Section 32

Answer 5

Police to give Secretary information about victims of specified offences
As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:
(a)
the name of—
(i)
the victim; and
(ii)
the victim's representative (if any); and
b)
the address of—
(i)
the victim; or
(ii)
the victim's representative.]

Question 6

Disclosure Section 10 (4)

Answer 6

Information required to be disclosed under this Act may be disclosed in whatever form (including electronically) that the person disclosing the information holds it in at the time the obligation to disclose arises and that is readily accessible to the defendant.

Question 7

Disclosure Section 13

Answer 7

The prosecutor must disclose to the defendant the information described in subsection (2) as soon as is reasonably practicable after a defendant has pleaded not guilty.
(2)
The information referred to in subsection (1) is—
(a)
any relevant information, including, without limitation, the information (standard information) described in subsection (3); and
(b)
a list of any relevant information that the prosecutor refuses under section 15, 16, 17, or 18 to disclose to the defendant together with—
(i)
the reason for the refusal; and
(ii)
if the defendant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 16, 17, or 18

Question 8

Section 8(1) Bail Act 
 Consideration of just cause for continued detention

Answer 8

In considering whether there is just cause for continued detention, the court must take into account—(a)
whether there is a risk that—(i)
the defendant may fail to appear in court on the date to which the defendant has been remanded; or
(ii)
the defendant may interfere with witnesses or evidence; or
(iii)
the defendant may offend while on bail; and
(b)
any matter that would make it unjust to detain the defendant.

Question 9

Section 8(2) Bail Act
2) In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:

Answer 9

a)
the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b)
the strength of the evidence and the probability of conviction or otherwise:
(c)
the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
(d)
the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e)
whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
(f)
the likely length of time before the matter comes to hearing or trial:
(g)
the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
(h)
any other special matter that is relevant in the particular circumstances