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CH 2 Policing Act, Sudden Death and Victims Rights Act > Victims Rights Act > Flashcards

Victims Rights Act Flashcards

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1
Q

How should victims be treated? (Section 7 Victims Rights Act)

A

Police should treat victims

  • With courtesy and compassion AND
  • Respect the victims dignity and privacy
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2
Q

What does Section 8 of the Victims Rights Act say about services?

A

A victim or member of a victims family who has welfare, health, counselling, medical or legal needs arising from an offence shall have access to services responsive to those needs.

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3
Q

What is Section 11 of the Victims Rights Act?

A

A victim must be given information about programs, remedies and services offered by an agency as soon as practicable after coming into contact with that agency..

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4
Q

What is an agency for the purpose of Section 11?

A
  • ACC
  • Any DHB
  • Corrections
  • MOJ
  • MSD
  • NZ Police

(Services include restorative justice)

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5
Q

How do Police fulfill their obligations under Section 11?

A
  • CAF
  • Standard letters
  • Victim support referrals through officers
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6
Q

What obligation do Police have under Section 12 of the Victims Rights Act?

A
  • Victims must be kept up to date with investigations, including charges laid or reasons for not laying charges.
  • Informed of all Court hearings or trials
  • The outcome of any proceedings
  • The victims role as a witness
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7
Q

What information is to be ascertained from the victim for a Victim Impact Statement? (s17 Victims Rights Act)

A
  • Any physical or emotional harm
  • Any loss or damage of property suffered by the victim
  • Any other effects of the offence on the victim
  • Any other matters consistent with the purpose of the VIS
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8
Q

What is the purpose of a Victim Impact Statement?

A
  • 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 their offending
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9
Q

Can the child of a victim make a VIS?

A

Yes

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10
Q

When must a VIS be on a Court file?

A

Preferably first appearance but mandatory for second appearance.

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11
Q

How should updates be done on a VIS?

A

Added to the bottom of the original. This is to stop it becoming more minimized over time.

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12
Q

Can a VIS include photographs or diagrams?

A

Yep

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13
Q

Under Section 18 Victims Rights Act what must you ascertain?

A
  • That the victim is informed that the information is for a VIS and that info must be true and correct
  • That the victim is informed as to who may see it
  • That any views that the victim has on the prosecutor applying for orders, directions or conditions are on the VIS
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14
Q

What offences are “Specified Offences” under s29 Victims Rights Act?

A
  • An offence of a sexual nature
  • An offence of serious assault
  • An offence that resulted in serious injury, incapability or death to any person
  • An offence of another kind that led the victim to have reasonable fears for their physical safety or the physical safety of an immediate family member
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15
Q

Does s29 apply to Youth Court proceedings?

A

Yes

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16
Q

When does s29 come into play?

A

As soon as an arrest for a specified offence is made. If it is for a specified offence victim must be informed of their Right to go on the Victim Notification Register.

17
Q

How do Police fulfill their obligations to inform a victim of their right to go on the Victim Notification Register?

A

Hand them a POL 1065 form and explain it. It is then up to the victim to complete it and send it away. Good practice is to assist the victim. Then record you have done this in the Victim Contact Node.

18
Q

What does the victim get from the Victim Notification Register?

A

They are informed of anything to do with the offenders detention eg temporary release from prison, escape, impending release, recalls, parole hearings etc

19
Q

How can you see if someone is on the Victim Notification Register?

A

You can search it on the bully board

20
Q

Who, under s29A, decides if the offence that affected the victim is a specified offence?

A

The Commissioner must decide as soon as practicable.

21
Q

Under s30 VRA what must the prosecutor determine when an offender applies for bail and its a s29 specified offence?

A
  • Victims views on bail

- The Court must be informed of those views

22
Q

Can a victim have a representative in their place to be contacted and notified?

A

Yes but they will be the only point of contact. The onus is then on the representative to pass the info on to the victim.

23
Q

If a victim is unhappy with the service they got who do they complain to?

A
  • the person required to give them their Right
  • The ombudsman
  • IPCA
  • The Privacy Commissioner

CH 2 Policing Act, Sudden Death and Victims Rights Act (4 decks)

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