Victims Flashcards
(17 cards)
How should victims be treated by police?
With courtesy and compassion
And respect the victims dignity, and privacy
Who should have access to victim services?
The victim
Or a member of the victims family
Who has welfare health counseling, legal, or other needs arising from the offense.
Do police have an obligation to victims?
Yes, police are obligated by law to support victims
In what way do police support victims?
Referral to victim support
Women’s refuge
Area specific agencies
Completing a CSV1 for arrest files
Who else can be referred to support agencies?
Any other person who was disadvantaged by the offense.
How soon after being referred to an agency does the victim need to have explained to them what remedies are available?
This must happen as soon as practicable
It only relates to information about the services provided by that agency
For example, Police do not need to provide victims with information about ACC entitlements
The victim must be informed about various aspects of proceedings
What are they?
Progress of investigation
Charges laid or not laid
The victims role is a witness
Any court order preventing the ID of a victim and any related steps being taken
The date in place of any court hearing
The outcome of the prosecution
What information does a victim impact statement provide the judge?
Information about harm or loss suffered by the victim by means of an offense.
What four purposes does a victim impact statement serve?
- Provides information to the court.
- Outlines the effect of a crime on a victim to balance pre-sentence reports.
- It provides the victim with input into the justice process.
- It forces the offender to recognize what they have done.
What should a victim impact statement contain and not contain?
It should contain the effects of the offending
It should not contain the details of the offending itself
Before a victim impact statement is prepared what does the victim be informed of by the OC?
That the information is for a VIS
That it must be true
That the information must be recorded and may be verified
And who is allowed to see the VIS
What is a specified offense?
An offence of a sexual nature
A serious assault
And offense that has resulted in serious injury, death, or a victim becoming incapable
Another offense that has lead the victim to having ongoing fears for their physical safety or their family’s, physical safety or security
What qualifies a person go onto the victim notifications register?
If they are a victim of a specified offense
Or if the seriousness of the offending, give a victim, good reason to fear and offenders release
E.g. threats to kill, Arson, BOPO.
As soon as police determine that a victim should go on the victim notification register
S29
What should be completed? ?
POL1065
And the victim contact node
Once registered under S 29 for the victims notification register, what will a victim be notified about?
Temporary release or escape
Absconding from Home D
In pending release
Convictions for breaching release conditions
Recalls
Parole hearings
Deportation
Any form of claim opportunities
Under section 30 victims rights act
The victims views about release on bail are considered ….
What must the prosecutor do?
The prosecutor must make all reasonable efforts to ascertain the victims views, or their immediate family’s views, regarding bail.
Considerable weight is given to victim safety
Can a victim appoint a representative to receive notifications under the register
Yes, section 31 permits a person to elect a representative to receive victim updates
Section 40 States that the representative has obligations to receive and pass on notifications to the victim