Victims Rights Act 2002 Flashcards
S11- information about programmes, remedied and services
A victim must, as soon as practicable after the victim contacts the agency, must give information by the personnel of the agency about programs remedies or services available to the victim
Effective must as soon as practicable be given information by investigating Forrys or is the case requires by members of court stuff all the prosecutor about the following matters:
The progress of the investigation of the fence and the charges laid and the victims role as a witness and the date and place of each event listed in subsection 2: trials, hearings etc
Purpose of victim impact statements (17ab)
Enable the victim to provide information to the court about the effects of the offending
Assist the court in understanding the victims views about the offending
Inform the offender about the impact of the offending and the victims perspective
What information must be ascertained from the victim (section. 17)
Physical injury, emotional harm, loss of or damage to property, any other effects
Offender not to be given statement to keep
A prosecutor who has a copy of a victim impact statement relating to an offender must show the offender if asked to do so unless the prosecutor intends to apply for an order under s25 (withhold statement) or has applied for the order.
No person may be given the VIS to keep
The statements must be returned at the end of proceedings
Section 29 specified offences
An offence of a sexual nature
An offence of a serious assault
An offence that has resulted in serious injury to a person, in the death of a person or in a person becoming incapable
An offence of another kind and that has lead the victim to have ongoing fears for his physical safety or the physical safety of his family
Who is a victim
A person against whom an offence is committed
A person who through or by means of an offence committed by another, suffers physical injury or loss of or damage to property
A parent or legal guardian of a child or young person who falls within the two above listed points, unless that parent or guardian is the offender
A member of the immediate family of a person who as a result of an offence committed by another, dies or is incapable
Under section 7 & 8 , a victim is…
Someone who suffers emotional harm
A person who has experienced domestic violence
Examples:
Bank tellers witnessing an armed robbery
People living in fear because serious criminal acts are being committed locally
Signs and symptoms of reactions
Frozen fright Fight or flight Anger Fear Intimidation Frustration Confusion Guilt or self blame Grief or sorrow
