5.1 Victims' Rights Act 2002

Question 1

Describe “immediate family”

Answer 1

1. Whanau, family other culturally recognised family group in close relationship with victim when offending occurred.
2. Includes: partner (spouse, defacto, civil union), child, step child, brother, sister, step brother/sister, parent or step parent and grandparent

Question 2

Describe “Incapable” under the Act

Answer 2

Lacks wholly or partly the capability to understand nature, and foresee consequences, of decisions of relating to their personal care or welfare.
Or has this capacity but can’t communicate them
Or unconscious

Question 3

What does “Victim” mean? (4)

Answer 3

1. Person whom an offence is committed against by another
2. Person who, through means of an offence, suffers physical injury, loss or damage to property
3. Parent or guardian of CYP victim in 1 or 2 (not being offender)
4. Immediate family of person who dies or incapable as a result of 1 or 2 above (unless IF charged with offending)

Question 4

s7 What are the guiding principles in treatment of victims (2)

Answer 4

1. Treat with courtesy and compassion
2. Respect victims dignity and privacy

Question 5

s8 - Access to services
A. What does it require in relation to access to services and to whom?
B. How do police enable access to counselling, medical and other assistance?

Answer 5

A. Requires a victim and family to have access to welfare, counselling, medical, legal and services responsive to those needs.

B. Via victim support services (Women’s refuge etc)
Completing CVS1 form on prosecution files

Question 6

s11 requires police and other agencies to provide information: What information?

Answer 6

About programs, remedies and services available

Includes restorative justice process

But only information to services provided by that agency (ie Police)

Question 7

s12 - Information about proceedings
A. s12 requires police to provide what five things about proceedings?

B. One further point regarding s12 and the responsibility of others to undertake this duty

C. How is contact and dialogue with victim documented

Answer 7

A.
* Progress of investigations
* Charges laid, including reasons charges not laid
* Victims role as a witness
* TDP of events
* Outcome

B. Even though court advisors and prosecutions staff advise victims about these things it is only responsibility of police to inform on progress of investigation

C. O/C uses NIA contact node to record contact with victim. Required on ALL FILES not just arrest files.

Question 8

What is the purpose of the VIS? (3)

VIS - victim impact statement

Answer 8

Enable victims to provide court info about effects of offending

Inform offender of impact of offending

Ensures court understands victims views

Question 9

What info should a VIS contain (5)

Answer 9

• Injuries
• Harm (emotional)
• Loss or damage
• Any other effects of offence on victim
• Any other matter relevant to VIS

Question 10

What should NOT be in a VIS

Answer 10

Details of offending. (prosecution file does this)

Question 11

Some staff, due to work pressures write VIS for victim and submit on behalf without confirming content.

A. Why should this process stop

B. What should police not put in a VIS

Answer 11

A. s19 states it should be verified by Victim and they are to agree to it being provided to court. It is victims right to supply VIS

B. Police jargon

Question 12

How should a child of a victim, or family member of incapacitated/deceased victim be dealt with in terms of a VIS s17(3) & (4)

Answer 12

Included in the VIS process in the same way as a victim.

Reference subsection 2(a) to (c)
a) physical injury or emotional harm suffered by victim [child/family member]
b) loss or damage to property
c) other effects of offence on the victim [child/family member]

Question 13

A. Does the receipt of updates for a VIS require the removal of the initial VIS and drafting of a new one?

B. When is it mandatory for an O/C case to ensure a VIS is available for court?

Answer 13

A. No, updates should be added to the bottom of original. Police want Judge to see full extent of effect on victim over time.

B. good practice to have it prepared by first appearance. MANDATORY on second appearance.

Question 14

A. s18 what 3 things should prosecutor be sure the victim has been informed of or able to comment on in relation to VIS

B. Who may the first two items be delegated to

Answer 14

A. i) understand information obtained is for VIS and it is true, recorded and verified.
ii) victim informed who may see it and made aware of orders that can be made to disclosure and distribution of it
iii) obtain victims views on whether prosecutor should apply for orders on ii) above.

B. victim support or victim advocate.

Question 15

s29 states the criteria for victim to be eligible for registering on the VNR. What are they? (4)

Answer 15

1. sexual offences
2. serious assault
3. offence resulting in serious injury, death or becoming incapable
4. fears for ongoing safety or security of that victim; or of 1 or more members of their immediate family

Question 16

What must Police do if offender arrested for s29 specified offence

Answer 16

advise victim of right to register on VNR.

It is up to victim whether they register or not

Question 17

How does a victim register for VNR?

Answer 17

A POL1065 form is given to victim by police (O/C file). Victim completes and returns to Vetting PNHQ.
Fact that victim advised of rights and provided POL1065 to be updated on NIA case.

Form found in police forms under “Victim”

Question 18

s30 What two conditions must be met before victims views are put to the court about release of offender on bail?

Answer 18

Victim is victim of specified offence.

Offender applies for release on bail.

Question 19

If victim is s29 qualified what must the prosecutor do if the accused applies for bail?

Answer 19

Make all reasonable efforts to put victim views before the court.

Question 20

How are victims views on offender being bailed presented to court?

Does victim have any standing to seek variation of bail conditions?

Answer 20

Opp to bail form or in the covering 258 to prosecutor

The victim has no standing to seek a variation of bail conditions.

Question 21

What sections of Victims Rights Act 2002 apply only to victims of special offences?

Answer 21

s30-s48

Question 22

What are victim rights under s31 (informing and receiving notices)? (4)

Answer 22

1. Right to ask and be given notice under s34-38 (specified offence and VNR)
2. If victim asks (s34-38) and gives address, victim may also be given notice under s39 and s20 Prisoners and Victims Claims Acts.
3. Inform victim they may appoint representative who must (or victim) give address.
4. If Commissioner knows that victim may not be capable, appoint representative.

Question 23

Who should victim complain to if they consider they have not been afforded their rights?

Answer 23

O/C case
Ombudsman
IPCA
Privacy Commissioner

Question 24

What is it important that Supervisors do in relation to CVS1 documents

Answer 24

Ensure they are attached to all files and copy emailed to local Court Victim Adviser before FIRST APPEARANCE

Question 25

What is stated in s51 relating to property held (2)

Answer 25

1. Return all non offender property ASAP after it is no longer needed
2. with exception where person doesn’t want it returned.