Victims Rights Flashcards

1
Q

What is the definition of a ‘victim’ in part (a) of the interpretation? (4 + 4)

A
  1. Offence committed against them by another person
  2. Suffers Injury/loss/property damage
  3. Parent/Legal guardian of child who suffers first 2 points
  4. immediate family member of victim who dies/incapable

or

  1. Suffers any form of emotional harm
  2. Parent/Legal guardian of child who suffers point 1
  3. Suffers Domestic violence
  4. child who resides with domestic violence

(note: you are not a victim if you are the offender)

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2
Q

Define incapable (3)

A
  • 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
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3
Q

In what circumstances is a member of the immediate family a victim

A

When as a result of an offence committed by another person their family member dies or is incapable

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4
Q

s.7 What principles guide the treatment of victims (1)

A

Treat with courtesy and compassion and respect for dignity and privacy

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5
Q

s.8 What does s.8 say about victims (and their family) needs being met?

A

If need like welfare, health, medical or legal arise from offending then should have access to those services.

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6
Q

What must be emailed to the court when a first apperance prosecution file goes to court?

A

CVS1 (Court Victim Services-VIctim Advisor referral form) is emailed to the court.

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7
Q

What information must victims be given about the investigation and proceedings? (5)

A
  • 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
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8
Q

A victim impact statement enables the victim to inform the court of what three things?

A

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
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9
Q

What information should be included on a victim impact statement? (4)

A
  • 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

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10
Q

What details are a VIS not to include:

A

Not to include details of actual offending, only effects of the offending.

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11
Q

Prosecutor has three duties in relation to VIS, what are they?

A
  • ensure that the VIS information is relevant
  • vicitm is informed of VIS and place in proceedings
  • obligations in relation to presenting in court
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12
Q

What reasonable efforts should a prosecutor ensure before information is obtained for a VIS? (3)

A
  • information is being obtained for VIS
  • victim ensures information is true
  • Information may be recorded & verified
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13
Q

How recent should victim Impact statements be at the time of sentencing?

A

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.

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14
Q

What types of specified offences are defined in the victims rights act? (4)

A
  • Sexual offences,
  • serious assaults,
  • cause serious injury/death/incapacity,
  • cause ongoing fears for personal safety (victim or family)
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15
Q

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)

A

Chracteristics & Seriousness of Offending

Example: ‘Presentation of Loaded firearm was held to be a serious assault.’

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16
Q

What must police do if they come into contact with a victim in which they fall within the criteria of s.29 (specified offences)?

A

Must adivse of right to register on the Victims Notification Register

17
Q

What information is provided to a victim who has registered themselves on the Victim Notification Register? (7)

A
  • temporary & impending release
  • breaching conditions of release,
  • escape, absconding,
  • recalls,
  • parole hearings & decisions,
  • deportation
  • claims under the Prisoner & Victim Claims Act.
18
Q

What two duties must the prosecutors do for the victim when an accused applies for bail?

Clue: Must make all reasonable efforts to…..

A

To make all reasonable efforts to

  • get victims views about release on bail
  • inform the court of those views.
19
Q

Can a victim seek a variation of bail conditions under the bail act?

A

No

20
Q

Who can a victim complain to if they feel they have not been afforded their rights as a victim? (4)

A
  • Person responsible for according their rights
  • an Ombudsman
  • IPCA
  • Privacy Commissioner