Victim rights act 2002 - treatment
Treat the victim with courtesy and compassion and
Respect the victims dignity and privacy.
Victims rights act 2002 - access to service
A victim or moment of a victims fa,ily who has welfare, health. Counselling, medical or legal needs arsing from the office should have access to services that are responsive to those needs.
Victim rights act 2002 - restorative justice meetings to resolve issues relating to offence
Applies if victim requests to meet with the offender to resolve issues relating to the offence.
A member of court staff, a police employee, or if appropriate a probation officer must if satisfied that he necessary resources are available, refer the request to a suitable person who is available to arrange and facilitate a restorative justice meeting.
Victim rights act 2002 - enforceability of principles
Sections 7-9 and the principles in them guiding the treatment of victims, do not confer on any person any legal right that is enforceable, for example, in a court of law.
Victim rights act 2002 - information about programmes, remedies and services
A victim must, as soon as practicable after the victim comes in to contact with an agency, be given information by the personnel of the agency about programmes remedies or service available to the victim through the agency.
Victims rights act 2002
The rights of victims of crime and the principles that guide police treatment of a victim of an offence from the time an offence is committed to the completion of the judicial process.
One of the principles laid down in the victims rights act 2002 guides access to services for victims. In this respect police must inform victims that:
That they are entitled to access to welfare, health, medical, or legal services.
When and why is a csv1 required?
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.
The victim impact statement is the record of the victims own words about what happened and their opinion of the offender.
True or false:
False
The O/C case or suitably tasked person is responsible for the preparation of Victim Impact Statements:
True or false
True
If not subjected to any orders or restrictions, a victim impact statement can be distributed to the defence counsel prior to the sentencing hearing.
True or false.
True
One of the principles laid down in the victims rights act 2002 guides access to services for victims. In this respect police must inform victims that:
That they are entitled to access to welfare, health, medical, or legal services.
When and why is a csv1 required?
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.
The victim impact statement is the record of the victims own words about what happened and their opinion of the offender.
True or false:
False
The O/C case or suitably tasked person is responsible for the preparation of Victim Impact Statements:
True or false
True
If not subjected to any orders or restrictions, a victim impact statement can be distributed to the defence counsel prior to the sentencing hearing.
True or false.
True
When a victim elects to go on the VNR they will receive notification from different agencies.
Match the agencies with the type of information they hold about the offenders status:
If the offender is not a NZ citizen and subject to a deportation proposal = department of labour.
If the offender escapes, dies or is temporarily released = department of corrections.
If the offender has an upcoming parole hearing = NZ parole board.
If the offender is entitled to their first unescorted leave or discharged = ministry of health.
Match the purpose of the police form to its code:
The police form that provides a record of police contact with the victim and the actions completed = POL 1060
The police form that records the police oppositions to a defendants bail and the victims views on their safety = POL 128
The police form that records the victims request to be notified about the bail/release/escape or absence of the offender/defendant = POL 1065
The police form that records the police referral of the victim to the court victim advisor = CSV1
The police form that records the effects of the crime on the victim and other who have been disadvantaged by the offence = POL 392
When an offender has been arrested, a victim identified and the matter is proceeding to court, it is responsibility of the O/C case to ensure a Police Record of victim contact (POL 1060) and a court services victims referral (CSV1) form is completed.
True or false?
True
Who is responsible for ensuring a victim of a section 29 offence is given the POL 1065 and sufficient information to complete it.
Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence.
When a victim is identified, their victim impact statement must be taken where the offender is due for sentencing.
True or false
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
True or false?
True
When must a victim of a section 29 offence be advised of their right to be on the victim notification system (VNR)?
At the time of the offenders arrest (if practicable)
What are the police responsibilities to the victim when a section 29 suspect is released on bail?
Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application.
The intent of the POL 1060 form is to provide .
Record of police action for the on-going physical and emotional safety of a victim.
Karen (16) is the rear seat passenger in a car driven at speed by her friend Shane (17) who holds a restricted drivers licence. Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact, his car spins out of control and crashes through the fence of Johns house close to the intersection. Both youths are injured and Karen who is not wearing a seatbelt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care.
Sam (27), the driver of the car, esocaes with minor cuts and bruises but his car is written off. Angry (4) who was riding his tricycle on the footpath is severely frightened. The crash is another in a series of vehicle accidents at the intersection and the neighbouring community is fearful of further injuries or a road death.
Karen, Sam, John, Anaru and their families.
If called to a sudden death of a person police must treat the family with respect and provide information about where they an access support.
True or false
True
Victim impact statements cannot be disclosed to offender under the privacy act 1993, (without the victims consent)
When the victim gives their consent the victim impact statement.
Can only be disclosed by prosecutors ….true in relation to police staf
Can be given to the defence prior to the sentence hearing ….true and they must return it to court staff,
Is not to be retained by the offender…..true unless the victim gives consent.
Victim impact statements can be disclosed in disclosure packs.
True or false?
False
A victim of any offence may make a complaint if they are not treated accordingly to the principles of the victim rights act 2002?
True or false
True.
Victim rights act 2002 section 29 offences are defined as.
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of their family.
Ann was the victim of a serious unprovoked assault by her neighbour who was eventually arrested and sentenced to a term of imprisonment..
How can police ascertain if a victim of a section 29 offence has been registered on the victim notification register?
Query the notifications database on the national bulletin board.
A victim impact statement may contain the victims comments about an offender, or prior knowledge they may have about the offender, or their opinion about the possible sentence the offender should receive.
True or false?
False
The OC case is responsible for ensuring a victim impact statement / audio tape or video file is held in the case file ready for prosecution to produce in court at the time of sentencing.
True or false?
True
Prior to gathering information from the victim for the preparation of their statement the OC case must explain how the statement will be used and gain the victims approval for disclosure or distribution of their statement.
True or false?
True.
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.
True or false?
True.
Being on the victim notification register (VNR) means the victim will be notified.
By…
By the agency where the offend is held of any information concerning changes to the offenders bail, release, parole, escape or death.
Joan was asleep in bed when Rex broke into her house and sexually assaulted her. Joan struggled throughout the attack and Rex punched her several times. Joan suffered serious bruising and cuts to her face.
Rex was arrested and charged with the assaults on Joan and has been remanded in custody where he is awaiting another bail hearing.
The OC informed Joan of the VNR and the rights the VNR gives her, but Joan decided she needed time to think about what she would do.
Under sections 29 and 30 of the victims’ right rights act 2002 what are the OCs obligations to Joan now?
Give Joan the POL 1065 update the POL 1060. And seek her views on bail to relay to the court.
Shane (15 years) witnessed his father beat his mother causing her serious physical injuries. At interview it was apparent that Shane’s evidence supports his fathers prosecutions but Shane is reluctant to give his evidence to the court.
What are the OC case responsibilities in the given circumstances?
Convince Shane of the importance of his evidence and gather his view on giving his evidence in an alternative way? TRUE.
Provide a report to the prosecutor outlining information (relevant grounds) for Shane to give his evidence in an alternative way. TRUE.
Convince Shane of the importance of this evidence and assure him that he will be safe when standing up in court. FALSE
What must be ascertained early in an initial interview with a victim who has been assaulted?
The safety of the victim and the seriousness of the offence.
Match the police purpose of the police form to its code.
The police form that records the effects of the crime on the victim and others who have been disadvantaged by the offence. Pol 392
The police form that records the police referral of the victim to the court victim advisor. Csv1
The police form that provides a record of police contact with the victim and the actions completed . Pol 1060
The police form that records the police opposition to a defendants bail and the victims views on their safety. Pol 128
The police form that records the victims request to be notified about the bail/release/escape or Anselmo e of the offender/defendant . Pol 1065
When police are called to a complaint about a prowler and complainant is an older person or a woman and children living on their own. Police must make a referral to victim support.
True.
