Victims Rights Act 2002

Question 1

Section 4 - VRA 2002 - define immediate family

Answer 1

• vicitms spouse, civil union partner or de facto partner
• victims child or stepchild
• victims brother or sister (or step siblings)
• victims parents or step parents or grandparents

Question 2

Who is a victim?

Answer 2

• a person whom an offence is committed by another person AND
• a person who suffers physical injury, loss or damage to property through an offence
• a parent or legal guardian of a child or YP of the above (unless the parent is the offender)
• a member of the immediate family of a person who has died by way of an offence (unless they are the offender)

Question 3

How should victims be treated?

Answer 3

With courtesy and compassion and respect the victims dignity and privacy.

Question 4

What is the purpose of a VIS?

Answer 4

• enable the victim to provide information to the court about the effects of the offending.
• assist the court in understanding the victims view about the offending.
• inform the offender about the impact of the offending from the victims perspective.

Question 5

How does a VIS assist the sentencing judge/

Answer 5

Provides the judge with information about the harm and any loss suffered by the victim by means of the offence AND

(a) assists the courts by providing information
(b) info from the victim helps to balance the info contained in the pre-sentence report
(c) it provides the victim with input into the administration of justice allowing the court to see things from the victims perspective
(d) forces the offender to recognise what he/she has done

Question 6

What can VIS now include?

Answer 6

Photographs and diagrams.

They can also now be presented as an electronic recording.

Question 7

When should a VIS be ready by?

Answer 7

While it is good practice to have it ready for the list appearance this is not always possible. It is mandatory that the O/C ensures a VIS is available for the 2nd appearance.

Question 8

What is a section 29 offence?

Answer 8

An offence:

• of sexual nature
• of serious assault
• that results in serious injury, death or a person becoming incapable
• where a person has ongoing fears for his/her physical safety or for the safety of immediate family members

Question 9

Victims views on bail in regards to a section 29 offence

Answer 9

The prosecutor must make all reasonable effort to put above the court the views of the victim/or immediate family if the victim is deceased or incapable as to the release of the offender.