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BIC101 - Investigation > Victims > Flashcards

Flashcards in Victims Deck (29)
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1
Q

When and why is a CSV1 required?

A

When there is a victim and the matter will proceed to District court (or above) because the victim is entitled to specific services at the court.

2
Q

True or False: If not subjected to any orders or restrictions a victim impact statement can be distributed to the defence counsel prior to the sentencing hearing.

A

True

3
Q

What are the following Police Forms:

CSV1
POL1060
POL1065
POL128
POL392
A

CSV1: Records the Police referral of the victim to the court victim advisor.

POL1060: Provides a record of Police contact with the victim and actions completed. (VCN)

POL1065: Records the victims request to be notified about bail/release/escape or absence of the offender/defendant. (Victim Notification Register - VNR)

POL128: Records the Police opposition to bail. (OTB)

POL392: Records the effects of the crime on the victim and others (VIS)

4
Q

True or False: The VIS is the record of the victim’s own words about what happened and their opinion of the offender.

A

False

5
Q

One of the principles laid down in the Victim Rights Act 2002 guides access to services for victims. In this respect Police must inform victims that:

A

They are entitled to access to welfare, health, medical or legal services.

6
Q

True or False: The O/C case or suitably tasked person is responsible for the preparation of a VIS.

A

True

7
Q

When a victim elects to go on the VNR they will receive notification from different agencies. Which agencies give what information:

Department of Labour
Department of Corrections
Ministry of Health
NZ Parole Board

A

DoL: If the offender is not a NZ citizen and subject to deportation proposal.

DoC: If the offender escapes, dies, or is temporarily released.

MoH: If the offender is entitled to their first unescorted leave or discharged.

NZPB: If the offender has an upcoming parole hearing.

8
Q

What must be ascertained early in an initial interview with a victim who has been assaulted?

A

The safety of the victim and the seriousness of the offence.

9
Q

What are the Police responsibilities to the victim when a section 29 suspect is released on bail?

A

The Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application.

10
Q

Who is responsible for ensuring a victim of a S29 offence is given the POL1065 and sufficient information and assistance to complete it?

A

Responsibility rests with the O/C Case who arrests and charges the offender with the S29 offence.

11
Q

The intent of the POL1060 form is to provide:

A

A record of Police action for the on-going physical and emotional safety of a victim.

12
Q

True or False: When Police are called to a complaint about a prowler and the complainant is an older person or a woman and children living on their own, Police must make a referral to Victim Support.

A

True.

13
Q

True or False: When an offender has been arrested, a victim identified and the matter is proceeding to court, it is the responsibility of the O/C case to ensure a POL1060 and CSV1 is completed.

A

True

14
Q

When must a victim of a S29 offence be advised of their right to be on the VNR?

A

At the time of the offenders arrest (if practicable).

15
Q

True or False: When a victim is identified, their VIS must be taken when the offender is due in court for sentencing

A

False.

16
Q

VIS’ cannot be disclosed to offenders under the Privacy Act 1993 (without the victims consent).

When the victim gives consent, their VIS:

  1. Can only be distributed by prosecutors?
  2. Can be given to the defence prior to the sentence hearing?
  3. Is not to be retained by the offender?
A
  1. True - in relation to Police staff.
  2. True - and they must return it to court staff.
  3. True - unless the victim gives consent.
17
Q

True or False: VIS’ can be disclosed in disclosure packs?

A

False

18
Q

How can Police ascertain if a S29 victim has been registered on the VNR?

A

Query the notification database on the national bulletin board.

19
Q

True or False: If called to a 1S, Police must treat the family with respect and provide information about where they can access support.

A

True

20
Q

True or False: The definition of a victim may include members of the family or parents of a person charged with, convicted of, or has pleaded guilty to an offence.

A

False.

21
Q

VR Act 2002 S29 offences are defined as:

A

Sexual or serious assault resulting in injury, death, or being rendered incapable or leading to the victim having fears for their safety of their family.

22
Q

True or False: A victim of any offence may make a complaint if they are not treated according to the principles of the VR Act 2002.

A

True

23
Q

True or False: In any incident where the victim is obviously distressed Police must provide a victim with support and/or refer them to an agency that will provide support.

A

True

24
Q

What are the O/C case responsibilities to a victim who his reluctant to give evidence in court?

True or False:
1. Convince them of the importance of their evidence and assure them that they will be safe when standing up in court.

  1. Convince them of the importance of their evidence and gather their view on giving evidence in an alternative way.
  2. Provide a report to the prosecutor outlining information (relevant grounds) for them to give their evidence in an alternative way.
A
  1. False
  2. True
  3. True
25
Q

Being on the VNR means the victim with be notified :

A

By the agency where the offender is held of any information concerning changes to the offender’s bail, release, parole, escape or death.

26
Q

True or False: Prior to gathering information from the victim for the preparation of their statement the O/C case must explain how the statement will be used and gain the victim’s approval for disclosure or distribution of their statement.

A

True.

27
Q

True or False: The O/C case is responsible for ensuring a VIS/Audio tape or video file is held in the case file ready for the prosecution to produce in court at the time of sentencing.

A

True

28
Q

True or False: A VIS may contain the victims comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive.

A

False

29
Q

The O/C case informs a victim of the VNR and the rights it gives them. They deiced that they need more time to think about what they should do.

Under S29 and 30 of VR Act 2002, what are the O/C’s obligations to the victim now?

A

Give them the POL1065, update the POL1060 and seek their views on bail and relay to the court.