Victims Rights Act 2002

Question 1

Victims Rights 2002

Section 30

Victim’s views about release on bail of accused or offender

Answer 1

Offender applies to a court for release on bail, the prosecutor must determine whether or not this section applies to a victim in accordance with Section 29(sex and serious assault) and if it does:

THE PROSECUTOR MUST—

(a) MAKE ALL REASONABLE EFFORTS to ENSURE that any views the victim has about the release on bail of the person accused of the offence OR, as the case requires, the offender, are ASCERTAINED

AND

(b) MUST INFORM THE COURT of any views ascertained under paragraph (a).

Question 2

Victims Rights 2002

Section 31

Application of Sections 32-38 and 47 (victims place on VNR)

Question - Sections 32-38 and 47 apply to a victim to who this section applies ONLY if the victim has………?

Answer 2

Sections 32-38 and 47 apply to a victim to who this section applies ONLY if the victim has:

(a) ASKED the NZ police to ensure that they -
(i) GIVEN NOTICE under Sections 34-28 (relaease on bail, temp release, escape, death) AND
(ii) given/supplied with notice/advice of matters/decisions/directions and copies of orders and conditions, to be given/supplied to victims under sections 42,43,45,45,50,58 of the Parole Act 2002

AND

(b) given their current address/phone number to the NZ police at the time as requesting the notice or advice and copies under paragraph (a)

AND

(c) Advised the people who would give or supply the notice or advice and copies of any CHANGES TO THAT ADDRESS, before the time at which the notice or advice is, or the copies are to be given or supplied.

Question 3

Section 32

Police give info about right to ask for notice and appointment of representative.

Answer 3

Soon as practicable after victim comes in contact with Police, must determine whether/not this section applies in accordance with Section 29 and, if it does -

(a) must make all REASONABLE EFFORTS to INFORM THE VICTIM that they have the right to ask to be given NOTICE UNDER SECTIONS 34-38 and 39 (deportation)
(b) MUST in circumstances in subsection (2) make all reasonable efforts to INFORM a SUPPORT PERSON OF THE VICTIM that a representative of the victim may be appointed under Section 42(victim support)