2.2 Policing Act and Victim Rights

Question 1

Must Know - Section 32 Policing Act 2008 – Identifying particulars of person in custody - What are they

Answer 1

(a) the person’s biographical details (for example, the person’s name, address, and date of birth):
(b) the person’s photograph or visual image:
(c) impressions of the person’s fingerprints, palm-prints, or footprints

place includes any land, building, premises, or vehicle.

Question 2

Must Know - Section 32 Policing Act 2008 – Identifying particulars of person in custody- Where can they be taken?

Answer 2

(a) at a Police station; or
(b) at any other place being used for Police purposes.

Question 3

Must Know - Section 32 Policing Act 2008 – Identifying particulars of person in custody. What force may be used ?

Answer 3

(a) must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b) may only use reasonable force that may be necessary to secure the person’s identifying particulars

Question 4

Must Know - Section 32 Policing Act 2008 – Identifying particulars of person in custody. What must I do before charging them and what is the penalty ?

Answer 4

Must caution them

They are liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

Question 5

Must Know - Section 32 Policing Act 2008 – Identifying particulars of person in custody. At what point can I take these.

Answer 5

a constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence

Question 6

Must know - Section 36 Policing Act 2008 – Care and protection of intoxicated people- What does intoxicated mean?

Answer 6

intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired

Question 7

Must know - Section 36 Policing Act 2008 – Care and protection of intoxicated people. What does temporary shelter mean?

Answer 7

temporary shelter means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.

Question 8

Must know - Section 36 Policing Act 2008– Care and protection of intoxicated people., Describe where you can use this power?

Answer 8

intoxicated in a public place, or intoxicated while trespassing on private property,

Question 9

Section 36 Policing Act 2008– Care and protection of intoxicated people.. What must I reasonably believe before taking them into custody? name the five things

Answer 9

incapable of protecting himself or herself from physical harm

or likely to cause physical harm to another person;

or likely to cause significant damage to any property;

and satisfied it is not reasonably practicable to provide for the person’s care and protection by— taking the person to his or her place of residence;

or taking the person to a temporary shelter.

Question 10

Must Know - Section 36 Policing Act 2008 Care and protection of intoxicated people. How long can they be held in custody?

Answer 10

person ceases to be intoxicated but must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.

Question 11

Must know - Section 36 Policing Act 2008 Care and protection of intoxicated people. What must a health practitioner consider before extending the stay in custody?

Answer 11

(a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
(b) the person does not have health needs that may require medical attention; and the person can not go home or to a shelter

Question 12

Must Know- Section 4 Victims’ Rights Act 2002. Interpretation, What does immediate family mean?

Answer 12

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 includes the victim’s spouse, civil union partner, or de facto partner; the victim’s child or step-child; the victim’s brother or sister or step-brother or step-sister; ) a parent or step-parent of the victim; a grandparent of the victim.

Question 13

Must know- Section 4 Victims’ Rights Act 2002. Interpretation, What does incapable mean?

Answer 13

lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare;

or

has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; includes the person being in a state of continuing unconsciousness

Question 14

Must know - Section 4 Victims’ Rights Act 2002. Interpretation, What does victim mean?

Answer 14

victim of offence by another person and suffers physical injury, loss, damage to, property and parent or legal guardian of a child, or of a young person unless that parent or guardian is charged with the commission ,convicted, found guilty, pleads guilty to, the offence concerned.

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, convicted, found guilty, pleads guilty to, offence concerned. suffers any form of emotional harm, a person who has experienced domestic violence and a child residing with them.

Question 15

Section 7 Victims’ Rights Act 2002. Treatment of victims. Outlines that police and other agencies should….(5)

Answer 15

Treat the victim with courtesy and compassion and respect the victim’s dignity and privacy.

Question 16

Must Know - Section Victims’ Rights Act 2002.- Access to services. This section is a statement of principle about access to welfare, health, counselling, medical, or legal needs. Who does this apply to ?

Answer 16

Section 8 contains a statement of principle with respect to access to services that may be required by a victim, or a member of the victim’s family, arising from the commission of the offence.

Question 17

Must Know - Section Victims’ Rights Act 2002.- Access to services. What does this section signal to the police?

Answer 17

This section signals the obligation that Police have to provide support to victims. This is usually done by contacting Victim Support, Women’s Refuge or other area-specific agencies.

The obligation relates only to information about the remedies or services provided by that agency.

Question 18

With regard to a victim, what must me done before the first court appearance?

Answer 18

It is therefore vital that in every first appearance prosecution file an accurate CVS1 (Court Victims Services Victim Advisor referral form) is emailed to the local court generic VA email address and NIA is updated with the ‘CSV1 Completed’ contact type in the Contact/Correspondence node

Question 19

Must Know - Section 11 Victims’ Rights Act 2002– Information about programmes, remedies, and services from agencies including the police . What applies to the police in this section ?

Answer 19

services includes participation in restorative justice processes

Question 20

Must know - Tell me about the victim Node?

Answer 20

It is required to be completed for all files, not just arrest files.

Question 21

Must Know -how must victim impact statements be written?

Answer 21

be that of the victim, and written in ‘victim speak’. It should not repeat /re-litigate the evidence. Do not use police jargon.

Question 22

Must know - What should be in a victim Impact statement?

Answer 22

physical injury or emotional harm, any loss of, or damage to, property other effects of the offence on the victim Any other matter consistent with the purpose of victim impact statements set out in section 17AB.

Question 23

Must we take a victim impact statement?

Answer 23

It is a victim’s right to supply a victim impact statement.

Question 24

Can I just write the VIS and submit it?

Answer 24

NO, as section 19 clearly states that information obtained from the victim is to be verified by the victim and they are to agree that they wish that information to be provided to the court

Question 25

Must Know - When must the OC file ensure that the VIS is available for the court?

Answer 25

it is mandatory that the O/C file ensure a victim impact statement is available for the second appearance.

Question 26

Section 29 – Specified offence defines who can go on the Victim Notification register. Who can go on the register?

Answer 26

sexual nature, specified serious assault serious injury or death or incapable 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.

Question 27

What is the obligation on the police if they are eligible to go on the register?

Answer 27

victim must be told of their right to register

Question 28

Must Know - Section 30 – Victim’s views about release on bail of accused or offender. What must the prosecutor do??

Answer 28

The Prosecutor must make all reasonable efforts to put before the Court the views of the victim (or the immediate family if the victim is deceased or incapable) as to the release of the offender.

Question 29

What if the offender is released on bail.

Answer 29

Police must promptly advise the victim.

Question 30

Section 40 - Representatives for notice.

Answer 30

A victim to whom this section applies may, for any reason he or she thinks fit, appoint any other person to receive on the victim’s behalf, and ensure that the victim is given and understands, any notice to be given to the victim under any of sections 34 to 39 (in sections 41 to 45 called the information).

Question 31

Must know - Victim impact statement defined- What can it have in it?

Answer 31

1. victim impact statement—
   
   1. means information that –
      
      1. is ascertained under section 17 from
         
         1. a victim, or
         2. a person who, under section 20 is treated as a victim; and
      2. is to be, or has been submitted –
         
         1. under section 21AA on request, to a judicial officer for the purpose of giving the accused a sentence indication
         2. under section 21 to a judicial officer sentencing the offender, and
   2. includes any recording, summary, transcript, or other copy of that

information

1. In this section, information may include any photographs, drawings, or other visual representations provided by the victim.

Question 32

Must know - Section 49 – Complaints

Answer 32

1. This section applies if a victim or person considers—
2. that he or she is entitled to be accorded a right under any of sections 11 to 21, 28 to 48, and 51 (in this section and section 50 called the specified provisions); and
3. that he or she has not been accorded the right.