W1 FL05 Dealing with Victims Flashcards
The Victims Rights Act 2002 was designed to …
to look after the interests of victims and to see their needs are met.
What is Section 7 of Victims Rights Act 2002?
Courtesy and Compassion:
Members of the police, prosecutors, judicial officers, counsel, court officials and others dealing with victims should treat them with:
Courtesy, compassion and respect for their personal dignity and privacy.
What is Section 8 of Victims Rights Act 2002?
Access to Services:
Victims and, where needed, their families should have access to welfare, health, counselling, medical and legal assistance responsive to their needs.
What is Section 11 of the Victims Rights Act 2002?
Inform victims of services available:
Members of police, officers of the court and health and social services personnel should inform victims at the earliest opportunity of the programmes, services and remedies available to them.
What is Section 12 of the Victims Rights Act 2002?
Supplying Information:
The prosecuting authority must advise the victim of the:
- progress of the investigation.
- charges filed or action taken.
- date and place of the proceedings.
- role of the victim as a witness
- outcome of proceedings
What is Section 51 of the Victims Rights Act 2002?
Return of Property:
A persons property (other than the property of the defendant) held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence.
What is the ‘Golden Rule’ when dealing with victims
Treat victims as you would expect to be treated yourself
What is the purpose of the NIA Case Victim Contacts file?
The NIA Case Victims file is designed to ensure that police staff meet the requirements of the Victims Rights Act 2002
What are the two stages of emotional reaction?
The Impact stage - immediately after the offence
The Recoil stage - once victims have begun to adapt to what has happened.
What are the emotional characteristics of the ‘Impact’ stage?
numbness disorientation immobilisation feelings of unreality childlike dependance
What are the emotional characteristics of the ‘Recoil’ stage?
anger or rage fear or terror frustration confusion guilt or self-blame violation great shifts in mood
Define Post Traumatic Stress Disorder
is a serious psychological disorder in which the victim re-experiences the events surrounding the offence.
What are the symptoms of PTSD?
startled response (jumpiness) disturbed sleep guilt memory problems concentration problems flashbacks emotional distress inability to re-enter normal activity
What are some of the ‘do’s’ when interviewing victims?
- make the setting for the interview as safe, comfortable and private as possible
- introduce yourself and say why you are there
- hold the interview as soon as possible after the offence
- keep the questions as simple as possible
- ask the questions one at a time, to avoid further confusion
- ask the victim to state in their own words what happened
- allow the victim to “save face” if they make a mistake
- help prepare the victim for the contact with the criminal justice system
- as well as listening, observe the victim’s non-verbal communication
- use open questions
What are some of the ‘dont’s’ when interviewing victims?
- judge the victims conduct or feelings
- ask questions that indicate the victim is to blame
- tell the victim that “all is right” or “all is well”. To the victim all is not well.
- say you know how they feel - you don’t
- touch or hold victims unless they show signs that they welcome this
- force victims to tell details of the offence if they are reluctant to do so
- overpower the interview
- take silence as a negative interview
Who is a victim under the Victims’ Rights Act 2002?
(a) Under the Act, a victim means:
(i) A person against whom an offence is committed by another person
(ii) A person who, through, or by means of,an offence committed by another person, suffers physical injury, or loss of, or damage to property
(iii) A parent of legal guardian of a child, or of a young person who falls within (i) or (ii) - unless that parent or guardian is the person charged/convicted.
(iv) 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 that family member is the person charged/convicted.
What are the rights of victims?
Section 7 - courtesy and compassion
(At the top Want to be treated the best)
Section 8 - access to services
(Section 8 refers to the ‘ss’ in Access)
Section 11 - inform victims of services available
(Section 11 refers to ‘I’ in information)
Section 12 - supplying information
(refers to 1,2 in order of progress, keeping the victim in the loop of these)
Section 51 - return of property
(50/50 give one back you have 51 and they have 49)
Section 79 - Support person
(9 looks like P for person
What does section 7 cover?
courtesy and compassion
At the top Want to be treated the best
What does section 8 cover?
Section 8 - access to services
Section 8 refers to the ‘ss’ in Access
What does section 11 cover?
Section 11 - inform victims of services available
Section 11 refers to ‘I’ in information
What does section 12 cover?
Section 12 - supplying information
refers to 1,2 in order of progress, keeping the victim in the loop of these
What does section 51 cover?
Section 51 - return of property
50/50 give one back you have 51 and they have 49
What does section 79 cover?
Section 79 - Support person
(9 looks like P for person
