Victims rights act 2002 Flashcards
Definition: Victim
- 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.
Definition: Immediate Family Member
- 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
Section 7 Victims Rights Act 2002
Must treat the victim with courtesy and compassion and respect the victims dignity and privacy.
Section 8 Victims Rights Act 2002
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
Section 12 Victims Rights Act 2002
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
Section 29 Offences defined
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.