Victims Flashcards
(13 cards)
Section 4 of the Victims Rights Act defines immediate family as what?
a member of the victim’s family, whanau, or other
culturally recognised family group, who is in a close
relationship with the victim at the time of the offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto
partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim.
Section 4 of the Victims Rights Act defines a victim as what?
a person against whom an offence is committed by
another person; and
(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; and
(iii) a parent or legal guardian of a child, or of a young person,
who falls within subparagraph (i) or subparagraph (ii),
unless that parent or guardian is charged with the
commission of, or convicted or found guilty of, or pleads
guilty to, the offence concerned; and
(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 member is charged with the
commission of, or convicted or found guilty of, or pleads
guilty to, the offence concerned
For the purposes of Section 7 and 8 only of the Victims Rights Act, what is a victim?
a person who, through, or by means of, an offence
committed by another person, suffers any form of
emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person,
who falls within subparagraph (i), unless that parent or
guardian is charged with the commission of, or convicted
or found guilty of, or pleads guilty to, the offence
concerned; and
(iii) a person who has experienced family violence; and
(iv) a child or young person residing with a person who falls
within subparagraph (iii);
What is Section 7 of the Victims Rights Act? (refers to the “Treatment” victims)
Section 7 dictates that any person dealing with a victim should;
a) Treat the victim with courtesy and compassion
b) Respect the persons dignity and privacy
What is Section 8 of the Victims Rights Act? (refers to the access of services)
A victim or member of a victim’s family who has welfare, health,
counselling, medical, or legal needs arising from the offence should have
access to services that are responsive to those needs.
What is Section 11 of the Victims Rights Act? (information about programmes)
A victim must, as soon as practicable after the victim comes into
contact with an agency, be given information by the personnel of the
agency about programmes, remedies, or services available to the
victim through the agency.
What is Section 12 of the Victims Rights Act? (information about proceeding)
The victim must be informed of all information, as the case requires, as soon as practicable about the stage of court proceedings, including any relevant information, i.e., pleas, dates, orders, etc.
What is the definition of a Victim Impact Statement, as defined in Section 17AA of the Victims Rights Act?
information obtained from a Victim. Its purpose gives the accused a sentence indication.
What is the purpose of a Victim Impact Statement s as per Section 17AB of the Victims Rights Act?
enable the victim to provide information to the court about the
effects of offending; and
(b) assist the court in understanding the victim’s views about the
offending; and
(c) inform the offender about the impact of offending, from the
victim’s perspective.
According to Section 29 of the Victims Rights Act, what is a Specified Offence?
An offence of a sexual nature, an offence of serious assaults, an offence that resulted in serious injury to a person, in the death of a person or in a person becoming incapable, or an offence that has lead to the victim having on-going fears on reasonable grounds for his or her physical safety or for the physical safety or security of 1 or more members of his or her family
What does Section 30 of the Victims Rights Act refer to?
If the offender has been charged with a sepcified offence, and they have applied for bail, the prosecutor must ascertain the victims view of this and inform the court
What does Section 49 of the Victims Rights Act refer to?
The process of complaints and who to complain to should a victim wish to complain
What does Section 51 of the Victims Rights Act refer to?
Law Enforcement agencies who hold property of a person (other than the offender) for evidentiary purposes must return it to the person as soon as practicable after it is no longer needed. This does not apply if the person informs police they do not want it
