Victims Rights Flashcards
Describe “Incapable” under the Act
Lacks wholly or partly the capability to understand nature, and foresee consequences, of decisions relating to their personal care or welfare.
Or has this capacity but can’t communicate them
Or unconscious
What does “Victim” mean? (4)
1: Person whom an offence is committed against by another
2: Person who suffers mental or physical injury by another
3: Parent or Guardian (not being offender) of CYP who suffers emotional harm or 1 or 2 above.
4: Immediate family of person who dies as a result of 1 or 2 above.
What are the principles for treatment of victims? (S7)
Treat with Courtesy and Compassion
Respect victims Dignity and Privacy
(CCDP)
How do police enable access to counselling, medical and other assistance?
Via victim Support services (Womans refuse etc)
Completing CVSI form on prosecution files
S11 requires police to provide information: What information?
About programmes, remedies and services available
S12 requires police to provide what five things about proceedings?
Progress Charges laid Victims role as a witness TDP of events Outcome
What is the purpose of the VIS? (3)
Provide Court info about effects of offending
Inform offender of impact of offending
Ensures Court understands victims views
What info should a VIS contain
Injuries
Harm (emotional)
Loss or damage
Any other matter (not including details of offending)
What should NOT be in a VIS
Details of offending. (Prosecution file does this)
S29 states the criteria for Victim to be eligible for registering on the Victim Notification Register (VNR). What are they? (4)
1: Sexual assault
2: Serious assault
3: Offence resulting in serious injury
4: Fears for ongoing safety
How does a victim register for VNR?
A pol 1065 form is given to victim by police (oc file). Victim completes and returns to Vetting PNHQ. NB Form found in police forms under “Victim”
What two conditions must be met for victims views about release of offender on bail?
Victim is victim of specified offence
Offender applies for release on bail
If Victim is S29 qualified what must the prosecutor do if the accused applies for bail?
Make all reasonable efforts to put victims views before the Court.
How are victims views on offender being bailed presented to Court?
Opposition to Bail form
Covering 258
What sections of VoO Act 2002 apply only to victims of special offences?
S30 - 48