Chapter 5: Victims Flashcards
Victims
Definition of immediate Family
def. +5egs
re. Victim
- Member of family, whanau or other culturally recognised family group who is in close relationship at time of offence
- spouse, civil union, defacto
- child, step-child
- brother, sister, step-siblings
- parent, step-parent
- grandparents
Victims: “Incapable” definition
x3
Person:
- lacks capacity to understand nature and foresee consequences of decisions re. matters relating to their care and welfare
- Capacity to understand nature, foresee consequences, but lacks capacity to COMMUNICATE decisions
- includes unconscious person
Victims: definition of Victim
7 x def’n (scroll for answer)
a) means:
- Person whom an offence is committed
- cos of offence, suffers phys. injury, loss/damage to property
- parent or legal guardian of CYP as above, unless they are charged with this offence.
- member of immediate family of person who dies, incapable as result of offence
- person suffers emotional harm
- parent or LG of CYP who suffers emotional harm
- person experienced FH
- CYP of person experiencing FH
NOT A VICTIM if you are a party to offending
Victims Rights Act 2002, Sn7: treatment
CCDP
Treat with courtesy and compassion
Respect dignity and privacy
Victims Sn8: Services
- What services can they have?
- Who is obliged to tell them?
- How do we ensure this happens?
- Victims should have access to services that are responsive to their needs.
- Obligation police (agency) have to provide support - VS, Refuge etc.
- CSV1 form completed
Victims Sn11: ‘Services’ information to be given to victims
When is this info given?
What 3 things do we need to remember about this information under the act?
1) asap after contact with agency, information given about services available.
service egs. ACC, MOJ, Corrections, Police, MSD…
- Obligation under the act to provide information.
- Doesn’t have to stop with victim.
- Only information about THAT agency is required to be given by that particular agency.
Victims Rights Act 2002: Sn12 - Information about proceedings
x 6 - (scroll)
Definition of Events
Who else can this information be given to?
- Investigating Authorities Must asap give information
a) Progress of investigation
b) Charges laid, or not (reasons)
c) Victims role as witness
ca) Possibility of order to publish personal information
d) Date/place of events - court
e) Outcome of prosecution - plea, convicted, 1M, not proved, aquital, free pardon
2) Events means:
- appearances, prelim hearings, trials, sentencing, appeals, etc..
Info can be given to another person, ie. one disadvantaged by the offence
Victim Impact Statements - what are they ie. what form can they be in? (x3)
What is their purpose? (x3
- information from victim.
- for sentence indication or sentencing
- photos, drawings, statement etc.
Purpose:
- enable victim to provide info about effects of offending
- assist court to understand victims views about offending
- inform offender about impact of offending
VIS: what information is included in Victim Impact Statement x5
Who can complete a VIS other than the actual victim? x2
- Victims details
- Physical injury
- loss, damage to property
- Emotional/psychological harm
- Financial costs.
can be done by parent or caregiver of CYP.
can be done by caregiver if person incapable.
What should Victim Impact Statements NOT contain?
R v Proctor (x5)
- victims account of offending
These are in SOF - only Effects should be in VIS. - police jargon
- not emotive language
- nothing beyond the effects of the offending only.
(- views on sentence etc. )
What should victim be informed of before completing VIS? x5
- information collected for VIS
- ensure information is true
- information must be recorded and may be verified
- who may see VIS
- any views on whether prosecutor should apply for orders, conditions etc are included
Victim Notification Register - Sn29
What are specified offences (x3)
What else can be considered for victim being put on the VNR? (x2)
- Most sexual offences
- Serious assaults
- offence resulting in serious injury, death, or becoming incapable
- offence leading to ongoing fears for
…safety of them
…safety of their immediate family
What form is used for Sn29 VNR, and what can they be notified of?
remember, they are mostly about safety... x 8 (scroll)
Pol 1065
up to the victim whether they register
Notified of:
- Release or escape from prison
- absconding from Home-D
- Beaching conditions of release
- Recalls
- Parole hearings
- Notification of parole decisions
- deportation
- claim opportunities for victims
What is Sn29A re. VNR’S
Commissioner determines whether the offence affecting the victim is a specified offence
Sn30 Victims views on bail
- Section applies only if (x2 - follows on from Sn29 VNR)
- prosecutor MUST do what?
- how are these recorded?
Only applies to victims of specified offence.
Offender applies for release on bail
Prosecutor MUST:
- make efforts to ascertain victim’s views
- Inform court of these views
in 258 or OTB
