Victims' Rights Act 2002 Flashcards
Immediate Family
Victim’s family, whanau who are in a close relationship with the victim at the time of the offence.
Incapable
Lacks capacity to understand the nature and consequences of decisions in relation to personal care and welfare OR has this but can’t communicate decisions
Includes a person being in an unconscious state
The four interpretations of victim
- A person against whom an offence is committed by another person
- A person who suffers injury or loss of or damage to property
- A parent or legal guardian of a child or young person that the above relates to
- A member of the immediate family of a person who, as a result of an offence committed by another person, dies
What are the principles guiding treatment of victims?
S7 and S8
Section 7: Treatment:
a. Treat victims with courtesy and compassion
b. Respect the victim’s dignity and privacy.
Section 8: Access to services:
A victim or member of a victim’s family who has welfare, health, counsellIng, medical or legal needs arising from the offence should have access to services that are responsive to those needs.
What information is to be given to victims? (Services available - Section 11)
Information about programmes, remedies and services available. This is provided through CAFs and PAFs.
A victim contact ‘victim support referral’ should be entered in NIA to show S11 has been adhered to
What information about section 12 should we provide to victims? Court updates
Progress, charges, victim’s role, court orders re prohibition, dates, outcomes:
Guilty pleas, sentences, if the accused is unfit to stand trial, charge not proved, acquittal, grant of free pardon
Victim Impact Statement Defined (Section 17AA)
Information that is ascertained under S17 from (a) a victim or (b) a person who under S20 is treated as a victim; and is to be or has been submitted for either 21AA sentence indication or S21 for offender to be sentenced and;
includes any recording, summary, transcript or other copy of that information
Information includes photographs, drawings etc.
What is the purpose of the VIS? (Section 17AB)
3
a. enables the victim to show effects; and
b. assist the court in understanding the victim’s views about the offending; and
c. inform the offender about the victim’s perspective
In a VIS, what information is to be ascertained from a victim? (Section 17)
Injury, property damage, and any other effects
What are the four purposes of the VIS?
a. provides information
b. provides balance regarding pre-sentence reports
c. gives the victim input into the administration of justice
d. the offender is forced to recognize what they have done
What section of the Victims’ Rights Act refers to victims verifying the information in the VIS and they agree it can be provided to the court?
Section 19
Where should any updates be added to a VIS and what else can a VIS include?
The bottom of the VIS. Photographs and diagrams
What should you inform the victim about before taking a VIS? (Section 18)
- That the information is being ascertained for a VIS
- That the information is true
- That the information must be recorded
What offences or circumstances constitute S29 of the victims’ rights act?
Sexual or serious assaults, serious injury or death, a person becomes incapable, or;
an offence that leads to a victim having ongoing fears or reasonable grounds -
a. for his or her physical safety or security
b. for the physical safety or security of one or more members of their immediate family
What are nine triggers that a victim may be notified about regarding a POL1065 referral?
- Temporary release or escape
- Absconding from home detention
- Impending release
- Convictions for breaching conditions of release
- Prison recalls
- Parole hearings
- Parole board decisions
- Deportation hearing
- Claim opportunities
