Victim Rights Act 2002

Question 1

s4 - define ‘victim’s immediate family’

Answer 1

Victim’s spouse, civil union partner or de-facto partner
Victim’s child or step-child
Victim’s brother or sister (or step siblings)
Victim’s parent, step parent or grandparent

Question 2

Who is a victim

Answer 2

A person offender against by another
A person who suffers physical injury, loss or damage to property through an offence
A parent or legal guardian of a CYP of the above (unless parent is offender)
A member of the immediate family of a person who has died by way of an offence

Question 3

How should victims be treated?

Answer 3

With courtesy and compassion and respect the victim’s dignity and privacy

Question 4

What is the purpose of a VIS?

Answer 4

Enable the victim to provide information to the court about the effects of the offending

Assist the court in understanding the victim’s views about offending

Inform the offender about the impact of the offending from a victim’s perspective

Question 5

How does a VIS assist the sentencing judge?

Answer 5

Provides the judge with information about the harm and any loss suffered by the victim by means of the offence and

a) assists the courts by providing information
b) information from the victim helps to balance the information contained in the pre-sentence report
c) it provides the victim with input into the administration of justice allowing the court to see things from a victim’s perspective
d) forces the offender to recognize what he or she has done

Question 6

What can VIS now include?

Answer 6

Photographs and diagrams. They can also now be presented as an electronic recording

Question 7

When should a VIS be ready by?

Answer 7

When it is good practice to have it ready for the 1st appearance, it is not always possible. It is mandatory that the OC ensures a VIS is available for the end appearance

Question 8

What is a s29 offence?

Answer 8

An offence of:
A sexual nature
A serious assault
One that results in serious injury, death or a person becoming incapable
Where a person has ongoing fears for his or her physical safety or for the safety of 1 or more immediate family members

Question 9

Victim’s views on bail in relards to s29 offence

Answer 9

The prosecutor must make all reasonable effort to put before the court the views of the victim (or the immediate family if the victim is incapable or deceased) as to the release of the offender