Victims Rights Flashcards
What is the definition of a ‘victim’ in part (a) of the interpretation? (4 + 4)
- Offence committed against them by another person
- Suffers Injury/loss/property damage
- Parent/Legal guardian of child who suffers first 2 points
- immediate family member of victim who dies/incapable
or
- Suffers any form of emotional harm
- Parent/Legal guardian of child who suffers point 1
- Suffers Domestic violence
- child who resides with domestic violence
(note: you are not a victim if you are the offender)
Define incapable (3)
- Lacks the capacity to understand the nature and to see the consequencese of decisions about their personal care or welfare
or
- is unable to communicate decisions and
- includes continuing unconsciousness
In what circumstances is a member of the immediate family a victim
When as a result of an offence committed by another person their family member dies or is incapable
s.7 What principles guide the treatment of victims (1)
Treat with courtesy and compassion and respect for dignity and privacy
s.8 What does s.8 say about victims (and their family) needs being met?
If need like welfare, health, medical or legal arise from offending then should have access to those services.
What must be emailed to the court when a first apperance prosecution file goes to court?
CVS1 (Court Victim Services-VIctim Advisor referral form) is emailed to the court.
What information must victims be given about the investigation and proceedings? (5)
- Progress of the investigation,
- charges laid,
- their role as a witness, (order prohibiting their ID information may be made.)
- Dates and times
- outcome of prosecution
A victim impact statement enables the victim to inform the court of what three things?
To enable the victim to inform the court about
- effects of offending,
- assist the court in understanding victims views,
- tell offender about the impact of their offending
What information should be included on a victim impact statement? (4)
- physical & emtional harm
- loss/damage of property
- other effects
- other matter conisistent with purpose of VIS.
Note: refer to child or incapable person if required
What details are a VIS not to include:
Not to include details of actual offending, only effects of the offending.
Prosecutor has three duties in relation to VIS, what are they?
- ensure that the VIS information is relevant
- vicitm is informed of VIS and place in proceedings
- obligations in relation to presenting in court
What reasonable efforts should a prosecutor ensure before information is obtained for a VIS? (3)
- information is being obtained for VIS
- victim ensures information is true
- Information may be recorded & verified
How recent should victim Impact statements be at the time of sentencing?
Not more than 28 days old at time of sentencing.
Note: Updated and add to bottom of original rather than replaced so all information is captured over time.
What types of specified offences are defined in the victims rights act? (4)
- Sexual offences,
- serious assaults,
- cause serious injury/death/incapacity,
- cause ongoing fears for personal safety (victim or family)
s.29 Specified Offences: with offences involving serious assaults/serious injury or death, what is the focus on in relation to the offending in s.29
(give example: Hetherington v Police)
Chracteristics & Seriousness of Offending
Example: ‘Presentation of Loaded firearm was held to be a serious assault.’
