Victims Rights Act 2002

Question 1

According to the Victims Rights Act 2002, what does ‘victim’ mean?

Answer 1

(1) A person against whom an offence is committed by another person
(2) A person who, though, or by means of, an offence committed by another person, suffers physical injury, or loss of or damage to property.
(3) A parent or legal guardian of a CYP who falls within (1) or (2) unless that parent or guardian is the person charged/convicted.

Question 2

Who is classed as “Immediate family” in relation to being a victim?

Answer 2

Member of the victims family, whanau, or other culturally recognised group, who is in a close relationship with the victim at the time of the offence.

Question 3

What are some examples of immediate family as defined by the Victims Rights Act 2002?

Answer 3

• The victims spouse, civil union partner, or de facto partner
• The victims child or step child
• The victims brother or sister or step-sister or step-brother
• A parent or step parent of the victim
• A grandparent of the victim

Question 4

When must Police always refer to victim support?

Answer 4

• When the incident is serious (serious offence, fatal or serious injury crash, COMPLETED suicide or other sudden traumatic event) including violence and dishonesty offences of serious magnitude.
• The victims are significantly affect by the incident
• The victims are likely to be involved with the justice system for an extended period.

Question 5

Under Section 7 of the Victims Rights Act 2002, what responsibilities are there towards Victims during investigation?

Answer 5

Members of the Police, prosecutors, judicial officers, council, court officials and other dealing with victims should treat them with;
COURTESY, COMPASSION, and RESPECT for their PERSONAL DIGNITY and PRIVACY.

Question 6

Under Section 8 of the Victims Rights Act 2002, what responsibilities are there towards Victims during investigation?

Answer 6

Victims and, where needed, their families should have access to WELFARE, HEALTH CARE, COUNSELLING, MEDICAL and LEGAL ASSISTANCE responsive to their needs.

Question 7

Under Section 11 of the Victims Rights Act 2002, what responsibilities are there towards Victims during investigation?

Answer 7

Members of Police, officers of the court, and health and social services personnel should inform victims at the earliest opportunity of the programs, services and remedies available to them.

Question 8

Under Section 12 of the Victims Rights Act 2002, what responsibilities are there towards Victims during investigation?

Answer 8

The prosecuting authority must advise the victims of the:

• Progress of the investigation
• Charges filed or action taken
• Date and place of proceedings
• Role of the victim as a witness
• Outcome of proceedings

Question 9

Under Section 51 of the Victims Rights Act 2002, what responsibilities are there towards Victims during investigation?

Answer 9

A person’s property (other than property of the offender) held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence.