Victims Rights Act 2002 Flashcards
What are specified offences under s29 of the victims rights act 2002?
In this Act, a specified offence is—
(a) an offence of a sexual nature specified in—
(i) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or
(ii) sections 216H to 216J of the Crimes Act 1961; or
(b) an offence of serious assault that does not come within paragraph (a); or
(c) an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or
(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,—
(i) for his or her physical safety or security; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family.
s30 Victim’s views about release on bail of accused or offender
s30 Victim’s views about release on bail of accused or offender
(1) This section applies if—
(a) the victim is the victim of a specified offence; and
(b) the person accused of the offence or, as the case requires, the offender, applies to a court for release on bail.
(2) If this section applies, the prosecutor must—
(a) make all reasonable efforts to ascertain any views the victim has about the accused, or, as the case requires, the offender, being released on bail; and
(b) inform the court of any views ascertained under paragraph (a).]
s31 Police to give victims of specified offences information about right to ask for notice and to appoint representative
s31 Police to give victims of specified offences information about right to ask for notice and to appoint representative
(1) This section applies in respect of a victim of a specified offence.
(2) The Commissioner of Police must, as soon as practicable,—
(a) inform the victim of the matters required by subsections (3) to (5); and
(b) inform a support person of the victim of the matters required by subsection (6).
(3) The Commissioner of Police must inform the victim that the victim has the right to ask to be given any notice under sections 34 to 38 and that, if he or she asks to be given such notices, then the victim must at the same time give to the NZ Police his or her address in accordance with section 32B(1)(c)(i).
(4) The Commissioner of Police must inform the victim that if the victim asks to be given any notice under sections 34 to 38 and gives the NZ Police his or her address, then the victim may also be given notice under the following provisions:
(a) s39:
(b) s20 of the Prisoners’ and Victims’ Claims Act 2005.
(5) The Commissioner of Police must inform the victim that—
(a) the victim may appoint a representative under section 40 to request and receive on his or her behalf any notice given under sections 34 to 39; and
(b) if the victim appoints a representative, the victim or his or her representative must give to the NZ Police the name and address of the representative in accordance with section 32B(1)(c)(ii).
(6) If the Commissioner of Police knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of doing any of the following, the Commissioner must inform a support person of the victim that a representative of the victim may be appointed under section 42:
(a) asking for, receiving, or understanding a notice under any of sections 34 to 39; and
(b) appointing a representative under section 40.
(7) Subsection (6) does not limit subsections (3) to (5).]
s32 Police to give Secretary information about victims of specified offences
s32 Police to give Secretary information about victims of specified offences
As soon as practicable after determining that the offence that affected the victim is a specified offence, the Commissioner of Police must give to the Secretary the following information:
(a) the name of—
(i) the victim; and
(ii) the victim’s representative (if any); and
(b) the address of—
(i) the victim; or
(ii) the victim’s representative
