CPC 5 Flashcards
(21 cards)
What is the definition of a victim and where is this definition found?
a person is a victim if they suffer physical, mental or emotional harm, or their property is stolen or damaged due to a criminal act committed.
It is found in s5 of the Victims Rights and Support Act 2013 (NSW)
Who are the PRIMARY and SECONDARY victims?
person who died is the ‘primary’ victim and the immediate family members become ‘secondary’ victims.
11 Standards of Service and Care to Victims:
- Police will explain to the victim how they will deal with their matter
2.Police will provide you with a Victim’s Card
3.Police will provide you with information about support services
4.Police will encourage you to make contact with them if you need or have any further information
5.Police will keep you informed throughout the investigation unless information puts the investigation in jeopardy
6.Police will consider any concerns about your safety and protection in any applications for bail
7.Police will give you information about being a witness, how the court works and what you have to do.
8.Police will tell you of your right to make a Victim Impact Statement if you want to tell the court how the crime has affected you.
9.Statements for all crimes before the court, police will refer you to support services who can tell you if the court will accept a Victim Impact Statement for your matter.
10.Statement complies with legislation, but they may not suggest the content of your statement.
11.Police will look after any of your property that is needed as evidence and keep it safe and secure
What does s6 of the Coroners Act 2009 (NSW) state?
a person’s death is a reportable death if the death occurs in any of the following circumstances as outlined in s 6 of the Act:
(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(d) (Repealed)
(e) the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,
(f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 (NSW) and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 (NSW) or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
What is an Inquiry?
Any crime related to Fire resulted by the following.
For industrial fires or explosions, especially those where there are public health or safety issues involved
Where fire has been deliberately lit in suspicious circumstances
Where there is reason to consider that an inquiry is likely to produce more evidence than has been obtained by fire investigators. For example, an expert report or other fresh evidence may have been produced
Where complaints about the fire-fighting services warranting further independent inquiry have been made
Where a coroner may be able to make useful recommendations relating to the public interest
What are the 5 Key Elements of Emotional Intelligence?
Self Awareness
Self Regulation
Empathy
Social Skills
Motivation
What is Emotional Empathy?
When you physically connect with the other person
What is Cognitive Empathy
Simply knowing how the other person feels and what they may be thinking.
What is Compassionate Empathy?
Understand the other person’s situation and feel with them
What are common responses to a death message?
silence,
crying,
fainting,
anger,
hatred, or
Acceptance
What is Duty of Care?
Taking all REASONABLE steps to avoid acts or omissions which could be REASONABLY FORESEEN to harm a person/s.
What is Negligence?
failure to exercise reasonable care and skill. Source: Civil Liability Act 2002 (NSW) s 5
Negligence: Omission vs Act?
Negligence can result from either not doing something that should have been done (omission), or doing something that should not have been done (act)
Negligence occurs when action was or was not undertaken, and the risk of this was:
- Foreseeable
- Not insignificant, and
- In the circumstances, a reasonable person in that person’s position would have taken those precautions
What is the definition of CUSTODY?
“To be in the care and control of police, at a police station or another place of detention.” (Law Access NSW Legal Dictionary, 2022)
3 Points: Custody can include temporary detention for a specific purpose, for example:
- detaining a person for the purpose of involuntary treatment under the Mental Health Act 2007 (NSW) or assisting others to do so;
- detaining a person under a preventative detention order under the Terrorism (Police Powers) Act 2002 (NSW);
- detention of an intoxicated person under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW);
What does Clause 28 of LEPRA Regulation 2016 (NSW) State:
defines a vulnerable person as anyone who fits into the following categories
What are the 5 Vulnerable Categories?
Children
Intellectually Impaired
Physically Impaired
Aboriginal Persons or Torres
Strait Islanders
Non-English Speaking Background (CALD)
What does Intellectually Impaired mean?
- total or partial loss of a person’s mental functions, or
- a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or
- a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgement, or that results in disturbed behaviour.
What does Clause 30 of LEPRA Regulation 2016 (NSW) State:
The support person must be aged 18 years or older
