Victims rights act 2002 Flashcards

1
Q

Definition: Victim

A
  • A person who the offence was committed against
  • A person who suffers physical injury or loss of or damage to property as a result of an offence committed by another
  • A parent/legal guardian of a child/young person who falls within (1) or (2) unless they are the offender
  • An immediate family member of a person, as a result of an offence committed by another, who dies or is rendered incapable. Unless that person is charged, convicted, pleas or is found guilty of the offence.
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2
Q

Definition: Immediate Family Member

A
  • A member of the persons family, whanau, or other culturally recognised family group who is in a close relationship with the victim at the time of the offence.

Such as:

  • Spouse
  • Child or Step child
  • Victims sibling or step sibling
  • A parent or step parent of the victim
  • A grandparent of the victim
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3
Q

Section 7 Victims Rights Act 2002

A

Must treat the victim with courtesy and compassion and respect the victims dignity and privacy.

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4
Q

Section 8 Victims Rights Act 2002

A

A victim or a member of the victims family who has welfare, health, counselling, medical or legal needs arising from the offence should have access to the relevant services.

A victim should, as soon as practicable, be given information about programmes, remedies and services available

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5
Q

Section 12 Victims Rights Act 2002

A

Information about proceedings.

The victim must, as soon as practicable be given information about the following:

  • The progress
  • The charges laid/reasons for not laying charges
  • The victims role as witness
  • The date and place of all hearings in relation to the offence
  • the outcome of the prosecution
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6
Q

Section 29 Offences defined

A

A specific offence is:

  • An offence of a sexual nature
  • An offence of a serious assault that is not of a sexual nature
  • An offence that has resulted in serious injury, death or in a person becoming incapable
  • An offence of another kind that has led to the victim having ongoing fears on reasonable grounds for his / her physical safety or for the physical safety of 1 or more of their family members.
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