Victims Rights Act 2002

Question 1

In section 8 what access to services should a victim have?

Answer 1

Welfare, health, counselling, medical or legal needs arising from the offence.

Question 2

Section 7 in relation to what any person dealing with a victim should do?

Answer 2

a, treat victim with courtesy and compassion

b, respect the victim’s dignity and privacy

Question 3

In section 11 what information should a victim be given as soon as practicable after coming into contact with an agency?

Answer 3

Information about services, programmes or remedies available to the victim though the agency ( services include participation in restorative justice processes)

Question 4

What information (6 )must a victim be given as soon as practicable by investigating authorities, (or court staff or prosecutor) under section 12 (1)?

Answer 4

a, progress of investigation

b, charges laid or reasons for not laying charges, and all changes to charges laid

c, victim s role as a witness in prosecution of offence

ca, possibility of court making order prohibiting publication of identifying information about victim and steps victim may take in relation to making of order

d, date and place of each event listed in suspect ion (2) (appearances)

e, outcome of prosecution ( and any proceedings on appeal)

Question 5

In subsection (2) of section 12 what are the events referred to?

Answer 5

First appearance , preliminary hearings, trial, sentencing, appeal hearings

Question 6

Under section 14 on which 3 occasions can information required to be given under section 11 or 12 be given to a support person ?

Answer 6

If victim:
a, cannot receive it
b, is not or may not be capable of understanding it alone
c, has in writing nominated that support person to receive it and given Curren address for that support person

Question 7

Section 16 ,restriction on disclosing victim s contact details in evidence or information provided to court, when can that information be given in evidence or in information provided yo the court?

Answer 7

Only with the leave of a judicial officer.
The judicial officer must not grant leave unless satisfied that the information is directly relevant to the facts in issue in the proceedings and outweighs any prejudice or harm to the victim’ interests

Question 8

Section 16A , does 16 apply to criminal proceedings?

Answer 8

Nothing in section 16 applies to criminal proceeding if necessary to disclose the info in charge in order to ensure defendant is fully and fairly informed of the nature of the charge.

Question 9

Define Victim Impact statement under 17AA?

Answer 9

Means information from a victim or person treated as a victim is to be or has been submitted on request to a judicial officer for the purpose of giving the accused a sentence indication, includes any recording, transcript, summary of that information

Question 10

17AA What is the 3 purposes of victim impact statements?

Answer 10

a, enable victim to provide information to the court about the effects of the offending

b, assist the court in understanding the victim’ s views about the offending

c, inform the offender about the impact of the offending from the victim s perspective

Question 11

Section 17 what information is ascertained from the victim?

Answer 11

a, physical or emotional harm suffered through the offence

b, loss or damage to property suffered through the offence

c, any other effects of the offence on the victim

d, any other matters consistent with the purpose set out in 17 AB

Question 12

What is the procedure before ascertaining information from the victim under section 18?

Answer 12

Prosecutor must make all reasonable efforts to ensure that the victim is informed that the information is being ascertained for a victim impact statement , the victim must ensure any information given is true and the information must be recorded and may be verified.

That the victim is informed about who may see or make copies of the victim impact statement and about the orders, directions and conditions relating to the disclosure and distribution of it.

That any views the victim has on whether the prosecutor should apply for any orders, directions or conditions are ascertained.

Question 13

In section 20 who may the prosecutor, if considered appropriate, decide to treat as a victim?

Answer 13

A person who:
a, is disadvantaged by the offence
b, from whom information on the effects of the offence has been or could be ascertained by or on behalf of the prosecutor
c, who is not a victim of the offence, a person accused of the offence, or e offender

Question 14

In section 21AA when may a victim impact statement be used for the purpose of sentence indication ?

Answer 14

If requested by a Court giving a sentence indication under section 61 of the Criminal Procedure Act 2011, the prosecutor must submit to a judicial officer any victim impact statement that has been prepared in relation to the offence, in the form in which it was recorded unless judicial officer directs otherwise.

Question 15

Who may all or any part of the victim impact statement be read by in Court(section 22)?

Answer 15

a, victim
b, prosecutor
c, person nominated by the victim, not being an accused or offender in relation to the offence or another offence arising from same incident

Question 16

In section 22 a judicial officer must agree to a request made by the victim to have all or part of victim statement read to the court. In which 4 instances would the judicial officer consider it inappropriate to do so?

Answer 16

1. The number of requests made
2. The age and maturity of offender
3. The content of the victim impact statement being inconsistent with the purpose of victim impact statements
4. Concerns about the risk of serious disruption to the proceedings or a risk to the safety of any person

Question 17

In section 22B what must the judicial officer have regard to when determining the weight to give to a victim impact statement?

Answer 17

Whether the statement is verified in way stated in section 19(3) or (4) and the date of the verification and other matters

Question 18

Under section 23 an offender may not be given a victim impact statement to keep but must be shown he statement by the prosecutor except on which 2 occasions?

Answer 18

a, the prosecutor or lawyer intend to apply for an order under section 25 (judicial officer may withhold part of statement to protect victim’s security)
Or
b, know an application of that kind is being made or has been made

Question 19

Under section 23 who may give an offender a victim impact statement to keep?

Answer 19

No person other than the victim concerned or a person acting under the authority of the victim concerned , may give an offender a victim impact statement to keep.

Question 20

Under section 24 who must return victim impact statements at the end of proceedings?(and who does this not apply to?)

Answer 20

Every person who receives or makes a copy or copies of a victim impact statement must return it to a member of court staff as soon as practicable after the end of proceedings.
Does not apply to victim, member of court staff, police employee, probation officer , prosecutor and any other person judicial officer orders at his discretion and on application.

Question 21

Under section 25 when would a judicial officer order the offender and every lawyer reprinting the offender not to be given or shown any part of a victim impact statement?

Answer 21

If in the judicial office’s opinion it s necessary to protect the physical safety or security of the victim.

Question 22

Under section 26 can a judicial officer take into account at sentencing a art of the victim impact statement withheld under an Oder made under section 25?

Answer 22

No.

Question 23

Under section 27 what conditions relating to directions or conditions on other disclosure or distribution of victim impact statements can a judicial officer impose under his/her own initiative or on application by the prosecutor ?

Answer 23

He may impose conditions or give directions that:
a, relate to the disclosure and distribution of a victim impact statement
b, may be necessary to protect the victim physical safety or security, emotional welfare and privacy
c, are not inconsistent with sections23 (1) or (2) or any order made under 23 (3)(b) or 25.

The judicial officer may give direction or conditions about:
a, the copying of the statement
b, the people to who it may be disclosed or distributed
c, that all or part of the statement not be disclosed or distributed, generally or to a specific person
d, impose conditions on all or any part of statement
e, direct all or any part of the statement not to be published, generally or by a specific person
f, impose conditions on all or any part of the statement
g, about any other matters related to disclosure of distribution of the statement

Question 24

Under section 28, what 2 things is the prosecutor required to do in relation to the victim if the offender applies for an order prohibiting publication of his name, address, occupation or particulars likely to lead to his identification?

Answer 24

a, make all reasonable efforts to ensure that any views the victim has on the application are ascertained
b, inform the court of any views ascertained

Question 25

Can a judicial officer apply a time limit on the reading of a victim impact statement if they consider it appropriate?

Answer 25

Yep