Victims, Road Policing and Command and Control Flashcards
What is the definition of a victim
- A person against whom an offence is committed
- a person who, through, or by means of, an offence committed by another person, suffers injury or loss/damage to property
- a parent or legal guardian of a child or young person who falls within the above
- a member of the immediate family of a person who, as a result of an offence committed by another person dies or is incapable, unless hat member is charged with the offence
What are the 4 purposes of a Victim Impact Statement
- It assists the court generally by providing information
- Information about the effect of a crime on the victim helps to balance the information in any pre-sentence report on the offender
- It provides the victim with input into the administration of justice. This assists that court in seeing things from the victim’s perspective and may add in the healing process.
- The offender is forced to recognise what he or she has done. This may advance the rehabilitative process and prevent further offending
What does R v PROCTOR say about Victim Impact Statements
Victim impact statements should not include the victim’s account of the actual offending. That should be in the Summary of Facts. VIS are to inform the judge of the effects of the offending.
What is a specified offence under S29 of the Victim’s Rights Act
a) An offence of a sexual nature
b) an offence of a serious assault
c) an offence that resulted in a serious injury, death or incapability
d) an offence of a different kind that has lead to the victim having ongoing fears on reasonable grounds for their physical safety or that of their immediate family
Once registered on a Pol1065 victims can expect to be notified about events relating to the offenders detention, incuding
- Temporary release or escape from prison
- Absconding from home detention
- Impending release from prison
- Convictions for breaching conditions of release
- Recalls to prison
- Pending Parole Hearings
- Notification of the Parole Board’s decision
- Deportation hearings
- Claim opportunities under the Prisoner and Victims Claims Act 2005
What is TENR
Threat
Exposure
Necessity
Response