Summary:Key Changes to the Victims’ Rights Amendment Act

The information below is a summary of amendments to the Victims’ Rights Act.

* Please note this information is based on the work of the Police Training Unit and in particular the work of Steve O’Conner and Joanne Duncan, which they have generously shared with Victim Support.

Introduction

-The Victims’ Rights Act (VRA) 2002 sets out the minimum standards for all those working with victims to ensure victim rights are met including access to services and participation in criminal justice processes.

-This legislation has been amended by the VRA Amendment Act 2014.

-The changes to this Act came into force on the 6th December 2014 to:

enhance the rights of all victims, particularly victims of serious crimes i.e. victims of Specified Offences (as defined in the VRA 2002)

to provide better support to victims of crime

to provide more opportunities for victims to be involved in criminal justice processes.

The following Acts are also being amended: the Children Young Persons and their Families (CYPF) Act and the Sentencing Act.

Ensuring Victims’ Rights are Upheld

The VRA2002 section 4, defines who a victim is. It is important that victims are appropriately identified to ensure their rights are met.

Identifying Victims

a)The 2014 VRA AmendmentAct widens the definition of a victim to include victims of family violence and children or young people who live with those victims. Denying access to financial resources orlow level harassment may not necessarily be considered a criminal offence but it may be family violence. These victims should be treated fairly and have access to targeted victim services such as Police Safety Orders and women’s refuges.

b)s29 of the VRA identifies a subset within all victims “Victims of Specified Offences”.

These victims are victims of serious offences. This definition has been expanded in the VRA Amendment Act to include all victims of sexual offences plus victims of intimate recordings made or used. Extra rights are provided for these victims. Importantly victims of Specified Offences have the right to apply to go on the ‘Victims Notification Register’ (VNR). Should an offender of a Specified Offence be sentenced to imprisonment the victims will among other information be notified when the offender is released.

c)The CYPF Amendment Act adds a new section 2B to the CYPF Act that aligns the definition with the VRA. What this means is that the person is considered a victim regardless of whether the offender is a child, young person or adult.

Referral of victims

Referring victims to agencies and services is important to ensure victims receive the right support.

a)The VRAAmendment Act specifies that Police must refer a victim to the Restorative Justice Service ifthe victim requests to speak to the offender/accused.

b)Victims of offences heard in youth court will now be eligible for victim services provided by court victim advisors.

c)It is very important that the Court Services for Victims Referral (CSV1) is completed correctly, indicates the type of offence involved and is sent to the court victim advisor at the adult or youthcourt by police. Following this process helps ensure support and services are provided to victims.

d)The CSV1 provides access to extended court services for victims of family violence and specific offenses as defined by s29 of the Victims’Rights Act.

Victims of Specified offences

Victims of Specified Offences have additional rights under the VRA Amendment Act.

a)Crimes covered under the Specified Offences have been extended to include all offences of a sexual nature. Previously only victims of sexual violation were included. Specified Offenses now also cover offences regarding intimate visual recordings as defined by the Crimes Act 1961.

The definition of specified offences retainsoffences of serious assault, any offence that has resulted in serious injury, death, incapacity of a personor an offence of another kind, that has led to the victim having ongoing fears, on reasonable grounds for their physical safety or security or for the physical safety or security of their immediate family (refer to Appendix 1).

b)Police will continue to inform the Ministry of Justice of the existence of s29 victims, even if the victim does not want to be on the VNR.

c)Victims canstill choose to appoint a representative at any time if they wish to. The representative would take the place of the victim for example receiving notification on the VNR, any opposition to bail hearings, or appearing in court.

Victim Impact Statement

  • The Victim Impact Statement (VIS) must be available to court for sentencing considerations.
  • The VRA Amendment Act adds a purpose to the VIS
  • All the information outlined in the VIS should reflect this purpose
  • The definition of a VIS now extends to include photographs and/or drawings
  • A victim can choose to read their own statement or have the statement read
  • Victims of Specified Offenses must be given the opportunity to read their VIS unless the judicial officer considers it inappropriate to do so
  • A VIS must be presented to court in the way it was taken
  • Good practice:VIS by first appearance, mandatory by second appearance
  • This process now includes the youth court
  • VIS is now only updated when required, as needed in court (not every 28 days as previously required)

Opposing Bail

Victims of Specified Offences(i.e. section 29) views about the release of an offender on bail need to be sought by prosecution services. There are also requirements in relation to notifying victims of Specified Offenses regarding bail conditions. Victims need to be informed of the outcome of bail hearings.

When it comes to opposing bail, victims of s29 offenceshave the right to be consulted and their views taken into account in court.

These rights are covered in section 30 of the VRA. Victims of Specified Offences also have rights in relation to the VNRand to receiving ongoing information regarding bail either directly themselves or by nominating a representative to receive this information. Police prosecution have responsibilities in relation to victims being informed of amendments, withdrawal or the filing of new charges in relation to the offender.

The 2014 amendment adds to these rights and increases police obligations:

Police must make all reasonable efforts to obtain the views of the victim on the offender and of them being on bail and to record this view. The Act makes it compulsory for police to record the views of victims of Specified Offences i.e. sec 29 victims

When application for bail is put forward, the prosecutor must put victims views before court

There are guidelines on opposition to bail

This is new for the youth court

Only some bail conditions can be passed on relating to safety and wellbeing of victims and any of non-contact or non-association

Where bail is opposed by police, and the victim has provided views, the police must advise the victim or their representative of the hearing outcome and conditions, and any subsequent variations to the orders

Police must inform victims of s29 offences of the outcome to bail – even if they have opted not to be on the VNR(another reason why contact details of victims must be accurate on the CSVI form)

where a young person is charged with a specified offence and goes to court, police must obtain and record victims views about the type of custody order the court should make

Court Appearances

Victims or their representatives, and support persons, can already attend adult court.

Changes to the CYPF Act extend this right to the youth court

Victims have always had the right to attend Family Group Conferences- Police are asked to encourage victims to participate at all stages of the youth justice process (26% of those that can attend, do so currently)

Complaints regarding Victims’ Rights

Victims have the right to complain if they feel they have not been provided their rights as defined in the VRA. TheVRA amendment act enhances this right with these additional requirements on Police:

All complaints must be treated promptly and fairly

VRA encourages victims to complain if their rights are breached

Police must report annually to parliament on services provided to victims and information on how complaintswere dealt with

Appendix 1: Definition of a Specified Offence

The Victims’ Rights Amendment Act 2014 definition of a specified offence is outlined below.

“ S29 Specified offence defined:

In this Act, a specified offence is-

“(a) an offence of a sexual nature specified in-

“(i) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or

“(ii) sections216H to 216J of the Crimes Act 1961; or

“(b) an offence of serious assault that does not come within paragraph (a); or

“(c) an offence that has resulted in serious injury to a person, in the death of a person, or ina person becoming incapable; or

“(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,-

“(i) for his or her physical safety or security; or

“(ii) for the physical safety or security of 1 or more members of his or her immediate family. “

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