Victims Rights Act Flashcards
In what circumstances is a member of the immediate family a victim
When as a result of an offence committed by another person their family member dies or is incapable
What principles guide the treatment of victims
Treatment with courtesy and compassion and respect for dignity and privacy
What information must victims be given about proceedings
Progress of the investigation, charges laid, their role as a witness, and that an order prohibiting their identifying information may be made.
What is the purpose of a victim impact statement?
To enable the victim to inform the court about effects of the offending, assist the court in understanding the victims views, and inform the offender about the impact of their offending
How recent should victim Impact statements be at the time of sentencing?
Not more than 28 days old but they should be updated rather than replaced so all information is captured over time.
What specified offences are defined in the victims rights act?
Sexual offences, serious assaults, offences causing serious injury death or incapacity, offences causing ongoing fears for personal safety of the victim or that of their family.
What information is provided to a victim who has registered themselves on the victim notification register?
Temporary release or escape, absconding, impending release, breaching conditions of release, recall, parole hearings, parole decisions, deportation and claims under the victim claims act.
What are the prosecutors duties to the victim when an accused applies for bail?
To make all reasonable efforts to ascertain the victims views about release on bail and inform the court of them.
Can a victim seek a variation of bail conditions under the bail act?
No
Define incapable
Lacks the capacity to understand the nature and to see the consequences of decisions about their personal care or welfare or is unable to communicate decisions and includes continuing unconsciousness
