1 September 2021
Reference: IR-01-21-24277
Amanda Murtagh
[FYI request #16304 email]
Dear Ms Murtagh
I am writing to you in response to your email sent to New Zealand Police on 5
August 2021, which was made pursuant to the Official Information Act 1982 (OIA)
and specifically requested:
Please provide me with policies and guidelines for decision making when
referring members of the public to victim support who are experiencing
identity theft coupled with intimidation and harassment.
Victim focus is recognised as a key aspect of Police’s business strategy. Police
are bound by the Victims’ Rights Act 2002; the purpose of this Act is to improve
provision for the treatment and rights of victims of offences.
The Victims’ Rights Act 2002 provides all victims of crime with information about
their rights and requires agencies to provide victims with information about the
services available to them.
I have attached the Police service to victims policy as requested.
You have the right, under s 28(3) of the OIA to ask the Ombudsman to review my
decision if you are not satisfied with the way I have responded to your request.
Yours sincerely
Eric Tibbott
Director Community Partnerships and Prevention
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
Victims (Police service to victims)
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Table of Contents
Table of Contents
2
Policy statement and principles
5
What
5
Why
5
How
5
Purpose of this chapter
5
Statutory references
5
Related information
5
Victims and other key terms defined
6
Who is a victim?
6
Support persons
6
Accused people and offenders
7
Other definitions
7
Understanding victim reactions
9
Introduction
9
Short-term reactions
9
Signs and symptoms of reactions
9
Long-term reactions
9
Responding to victim reactions
10
Victim Focus
11
What is Victim Focus?
11
Victim Focus Framework
11
Graduated Response Model (GRM)
11
Victim contact
12
Recording victim contacts
13
Interventions
13
Inter-agency response for high risk victims
13
Victimisation History Scorecard 'Traffic light' Flags in NIA
13
Key steps for al Police employees
13
Treatment and rights of victims general y
15
Introduction
15
Principles guiding service to victims
15
Information to be given to victims
15
Privacy of victims - restrictions on address
16
Victim impact statement (VIS)
16
Victim's views on name suppression
16
Right to be notified about bail decisions
17
Return of property
17
Notification rights for victims of serious offences
18
Victim Notifications
18
Only victims of section 29 offences can register for notifications
18
Duty to advise victims about the Victim Notification Register
18
Victim notification rights
18
After a victim is registered
19
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Summary of O/C responsibilities regarding s.29 notification
19
Informing eligible victims about the right to s.29 victim notification
19
Notices may be given to a representative
20
Bail applications when section 29 applies
21
Procedure to ensure notice about bail is given
21
Orders restricting disclosure of information about bail
21
Release on bail
21
Querying the Victim Notification Register
22
Responding to incidents involving victims
23
Key requirements for al victim contacts
23
Receiving the cal
23
Initial actions on arrival
23
Interviewing the victim initial y
24
During the investigation
26
Victims and crime scene examination
26
Procedures after an arrest
26
If there is no arrest or suspect identified
27
Victim Impact Statements (VIS)
28
Introduction
28
Purpose of a Victim Impact Statement
28
When a VIS is required
28
Taking and maintaining a VIS
28
Statements by others disadvantaged by offence s20(1)
28
Who prepares a VIS
29
Initial interview for a VIS
29
Informing the victim of the VIS process
30
Taking a VIS
30
Updating the Victim Impact Statement
31
Submitting a victim impact statement (VIS)
33
Key rules for submitting statements
33
Offender access to the VIS
33
How is the statement submitted
33
When is the statement distributed
33
Court orders relating to statements
34
Orders
34
Statements to be returned at end of proceedings
34
Further information about distributing or disclosing statements
34
Monitoring prosecution files for compliance
34
Weight given to a VIS
35
Court and privacy entitlements for victims
36
Restrictions on disclosure of addresses
36
Witness address not to be given in evidence
36
Protecting victim's identity in criminal proceedings
36
Protecting victim’s privacy in sexual cases
36
Prohibition against publishing names in specified sexual cases
36
Automatic identity protection for child victims and witnesses
37
Privacy of victim impact statement
37
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Power to clear court and forbid reporting
37
Victim’s view on accused/offender permanent name suppression
37
Entitlement to support person at court
37
Assistance with communication
38
Victims may be entitled to give evidence in alternative ways
38
Victims and restorative justice
38
Making victim's details available
38
Ways of giving evidence
39
Giving evidence in alternative ways
39
Child complainant (victim under 18)
39
Making applications for directions
39
Video record evidence
40
Further information
40
Returning victims property
41
Procedure for returning victims property
41
Requirement to refer victims via the s.29 Inform App
42
Checklist for prosecutor (Hearings involving victims)
42
Victims’ claims trust account
44
Victim services available from the Ministry of Justice
45
Victim Advisor, Court Services for Victims
45
Services provided by the Court Victims Advisors
45
Arranging support from a Court Victims Advisor
45
Website for people affected by crime
45
Victims of crime information line
46
Ministry of Justice publications
46
Victim Support (NZ Council of Victim Support Groups)
47
NZ Council of Victim Support Groups
47
Role of Victim Support workers
47
Victim Support Memorandum of Understanding
47
Police referrals to Victim Support
47
Timing of referrals
48
Making the referral
48
Family or sexual violence
48
Sharing information
48
Other agencies supporting victims
48
Victim assistance scheme
49
Victim Support website
49
Victim Support Contact Centre
50
What is the Victim Support Contact Centre
50
Contacting the Victim Support Contact Centre
50
Telephone systems failure
50
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Victims (Police service to victims)
Policy statement and principles
What
Victim Focus is recognised as a key aspect of how our people wil deliver ‘Our Business’. Police are bound by the Victims’
Rights Act 2002 to treat victims of offences in a particular way and provides them with information about their rights and
services available to them.
Victim Focus is about reducing repeat victimisation by improving our service to victims of crime and ensuring our response
meets their needs. This wil range from providing crime prevention advice to a first-time victim, right through to a more
formalised plan when assisting high-risk repeat victims.
Why
Victim Focus supports ‘Our Vision’ to have the trust and confidence of al and ‘Our Goals’ of preventing crime and
victimisation, and to deliver a more responsive Police service.
How
Police wil :
ensure victims are dealt with in accordance to the Victims’ Rights Act 2002
work with victim support agencies to support victims of offences.
Purpose of this chapter
This chapter:
details Police’s responsibilities to victims
states the requirements under the
Victims’ Rights Act 2002 and the
Evidence Act 2006
explains the procedures to be fol owed when supporting a victim of an offence
describes the role and relationship of Police with other victim supporting agencies
details the process for contacting the
Victim Support Contact Centre.
Statutory references
Al section references in this chapter are to the Victims’ Rights Act 2002 unless otherwise stated.
Related information
This chapter should be read in conjunction with the fol owing Police Manual chapters:
Adult sexual assault investigation (ASAI) policy and procedures
Criminal disclosure
Family harm policy and procedures
Police safety orders
Youth justice
Investigative interviewing witness guide
Investigative interviewing - witnesses requiring special consideration
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Victims (Police service to victims)
Victims and other key terms defined
Who is a victim?
A victim is defined under
s4 of the
Victims’ Rights Act 2002.
Term
Meaning
A victim is...
a person against whom an offence is committed
a person who suffers physical injury, or loss of or damage to property caused by someone else
committing an offence
a parent or legal guardian of a person under 18 who fal s within the two bul et points above, unless
that parent or guardian is charged with, convicted of, or pleads guilty to, the offence
a member of the immediate family of a person who as a result of an offence committed by another,
dies or is incapable, unless that family member is charged with, convicted of, or pleads guilty to,
the offence.
A victim is not...
a person charged with, convicted of, or who pleads guilty to the offence or an offence relating to
the same incident, when the offence was committed by someone else
a person who pleads guilty to an offence, or when the offence was committed by someone else
a person convicted of the offence.
This applies whether the person was a principal, party or accessory after the fact or otherwise.
Only for the
a person who suffers any form of emotional harm because of an offence committed by another
purposes of sections
person
7 &
8 of the Act, a
a parent or legal guardian of a person under 18, who suffers emotional harm, except if they are:
victim is…
charged with the commission of the offence concerned, or
convicted, found guilty or plead guilty to the offence concerned
a person who has experienced family violence (as defined in sectio
n 8 of the Family Violence Act
2018)
a person under 18 residing with a person who has experienced family violence.
They include for example:
members of the victim’s immediate family if the victim dies or is incapable
witnesses (e.g. bank tel ers witnessing an armed robbery at their workplace)
people living in fear because of local serious crime.
A victim must be treated with courtesy and compassion. Respect their dignity and privacy. Tel a victim
about the programmes, remedies or services they can access if they have welfare, health, counsel ing,
medical or legal needs because of an offence. (If appropriate tel a member of the victim's family).
Support persons
Victims are entitled to a support person.
A support person in relation to a victim is: (defined in
s4)
a spouse, civil union partner, de facto partner of the victim
a parent or another close relative or a legal guardian of the victim
a person whom the victim nominates by written notice (not being a person accused of the offence or the offender)
a social worker (as defined in s2(1) of the Oranga Tamariki Act 1989) if –
the victim is a person under 18 and who is in the custody, care or guardianship of the Chief Executive of Oranga
Tamariki (or another person under that Act), or
the victim is under 18 (not married, nor in a civil union) who is placed under the court's guardianship by an order.
[Sections
31(1)(a),
31(1)(b) and
33(1)(c)(i ) of the Care of Children Act 2004 refers]
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Victims (Police service to victims)
a welfare guardian of the victim, or manager of the property of the victim, appointed under the Protection of Personal
Property Rights Act 1988
an attorney appointed by the victim under a power of attorney described in the Protection of Personal and Property
Rights Act 1988 if:
the matter relates to the personal care and welfare of the victim in relation to which the attorney is authorised to
act, and
the occasion for the attorney to act has arisen under section 98(3) of that Act.
Accused people and offenders
An offender and an accused person in relation to a victim are defined in sectio
n 4.
Term
Meaning
Accused A person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of
person
the offence that affected the victim.
Offender
a person convicted of the crime or offence that affected the victim, and
in section 9 (which relates to restorative justice) and sections
17AA-
27 in relation to victim impact statements,
includes a person found guilty of, or who pleads guilty to, that crime or offence.
Other definitions
This table sets out the definitions of other terms used in these guidelines (provided in
s4 Victims’ Rights Act 2002 unless
otherwise stated).
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Victims (Police service to victims)
Term
Meaning
Child
A child is a person under the age of 14 years
(s
4 Victims’ Rights Act 2002)
Child
A person under the age of 18 years.
(s
4 Evidence Act 2006 - relating to witnesses giving evidence in a court proceeding; and
s8 Care of Children Act
2004).
Child
In relation to any proceeding, a complainant who is a child when the proceeding commences.
complainant (s
4 Evidence Act 2006)
Immediate Immediate family in relation to a victim means a member of the victim’s family, whanau, or other cultural y
family
recognised family group who is in a close relationship with the victim at the time of the offence.
To avoid doubt this includes a spouse, civil union partner, de facto partner, child or step-child, brother or step-
brother, sister or step-sister, parent or step-parent, and grandparent.
When an offence results in a person's death or them being incapable, a person who is not a member of that
person's immediate family may apply to be treated as if they were.
(s
5 Victims’ Rights Act 2002)
Incapable
‘Incapable’ means that the person:
lacks, whol y or partly, the capacity to understand the nature, and to foresee the consequences of decisions
in respect of matters relating to their personal care and welfare, or
has the capacity to do the above but whol y lacks the capacity to communicate decisions in respect of
matters of that kind.
It includes a person in a state of continuing unconsciousness.
Judicial
A judge or other person who holds a judicial office (e.g. a Justice of the Peace or community magistrate)
officer
exercising jurisdiction in criminal cases and, in relation to proceedings in court, means the judicial officer
presiding over the proceedings.
Judicial officer does not include a registrar.
Offence
‘Offence’ in relation to a victim means an offence against an enactment:
committed against the victim (or against a child or young person of whom the victim is a parent or legal
guardian) or
through which, or by means of which, the victim (or a child or young person of whom the victim is a parent
or legal guardian) suffered physical injury or emotional harm, or loss of or damage to property, or
that resulted in the death of a member of the victim’s immediate family, or in a member of the victim’s
immediate family being incapable.
It includes an al eged offence (whether or not a person is convicted of the offence) committed against the victim
or that has affected the victim (or a child or young person of whom the victim is a parent or legal guardian) in any
of the ways referred to above.
Witness
A person who gives evidence and is able to be cross-examined in a proceeding.
(s
4 Evidence Act 2006)
Young
A young person is a person of or over the age of 14 years but under 18 years.
person
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Victims (Police service to victims)
Understanding victim reactions
Introduction
Each victim reacts differently to crisis. Some show no obvious signs of trauma, others do. Many victims experience fear,
confusion and terror, which are not always displayed . These experiences may last for some time after the incident.
Short-term reactions
Victims seen immediately after the crime are likely to be in acute first-stage reaction. The victim may initial y be angry at or
blame the Police - “Why didn’t you get here sooner? Where were you?” Respond to this reaction with understanding and
sensitivity.
Typical short-term emotional responses are shock, disbelief and denial.
Signs and symptoms of reactions
The short-term physical reactions are instinctive, and may be …
Reaction Signs and symptoms
Frozen
The victim exhibits signs and symptoms similar to those of shock, including numbness, inactivity, fainting,
fright
nausea/vomiting, staring into space, dul eyes, low blood pressure, rapid pulse, sweating, cold clammy skin, pale
appearance and aimless wandering.
Fight or Common signs and symptoms are hysteria, agitation, wringing of the hands, loud screaming or crying, hyperactivity,
Flight
nausea/vomiting, rapid speech, rapid breathing, flushed face and loss of emotional control.
Long-term reactions
Shock, disbelief and denial may last for months. Families of homicide victims talk about walking around in a daze for years.
Exhaustion is the usual long-term physical reaction to a crisis.
This table describes some of the emotions victims experience over the long term.
Emotion Comment
Anger
Many people feel anger, which may be directed at God, human error, the assailant(s), family members, the criminal
justice system, or even the victim themselves.
Fear
This is a normal reaction in the aftermath of a life-threatening crisis. The physical panic response can leave a
residual feeling of terror, which can become the foundation for future panic attacks.
FrustrationA by-product of feelings of helplessness and powerlessness during the actual event, frustration can continue in the
aftermath if victims do not receive the help they need.
Confusion This stems from the “Why me?” question that most victims ask.
Guilt or
There are two reasons for this common reaction. Victims may try to identify what it was about their behaviour or
self-blame attitudes that caused the event. They can also be plagued by 'survivor guilt', in which they feel guilty because they
lived when someone else died.
Grief or
The victim wil often experience intense feelings of sadness.
sorrow
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Victims (Police service to victims)
Responding to victim reactions
Encourage victims to express their feelings, and assure them that the way they feel, whatever it may be, is normal and natural.
Do’s and Don’ts in response:
Do
Don’t
Listen while victims tel their own stories in their own way. Do not use threatening attitudes, words or actions.
Be non-judgemental.
Don’t sit too close, talk too loudly or frown at their answers
Demonstrate a warm and caring manner.
Don’t discuss victims (with doctors or other people) as if they were
not there.
Where possible, empower victims by letting them make
Don’t make decisions for the victim’s without open and honest
their own choices.
consultation with them.
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Victims (Police service to victims)
Victim Focus
What is Victim Focus?
Prevention First is the national operating model for New Zealand Police. It puts people—victims, offenders, our staff—at the
centre of the model. It is a key strategy of ‘Our Business’. Police is committed to building on the successes of Prevention First.
We wil continue to place victims at the centre of what we do. We wil focus on victims needs and respond quickly and
considerately.
Victim Focus reduces repeat victimisation by improving our service to victims of crime. This wil range from giving crime
prevention advice, to a more formalised Victim Intervention Plan for high-risk and/or repeat victims.
If we improve the way we engage with victims and reduce the likelihood of repeat victimisation, we wil reduce future demands
on Police. We wil also meet our purpose where people are safe and feel safe.
Victim Focus Framework
Our Victim Focus Framework focuses on victims from the first point of contact. We provide staff with:
a Victim History Score (VHS) to highlight previous victimisation
a
Graduated Response Model (GRM) for proactive intervention with the victim, and an interagency response for high risk
victims.
It starts with gathering accurate and complete information. Use the victim detail sheet (located in Police Forms> Victims) or
prompt card (PDF, 697 KB) which includes:
a VHS, this provides attending officers with information about previous victimisations. It may include a ‘traffic light’ flag
that indicates the degree of victimisation in the previous 12 months
a GRM for proactive intervention with the victim
an emphasis on maintaining victim contact throughout the
case management life cycle, and
a process through tasking and coordination for an
inter-agency response for high risk victims. (See the framework).
Download a copy of the
Victim focus framework (Powerpoint, 186 KB).
Each offence against a victim generates a seriousness score in NIA. This is a calculated score based on factors and measures
such as:
seriousness of offences
number of offences
offender recidivism
repeat crime types.
A green, amber or red flag indicates the level of victimisation over the previous 12 months.
The score is recalculated in NIA each time a new offence is entered into a case that has a victim. The victimisation score is
also re-calculated when:
adding an offender or suspect
adding or removing the victim link.
The initial score decreases over 12 months from the time of the victimisation occurrence to 0.
NIA keeps victimisation history for five years which can be viewed and reported on using Business Objects.
Graduated Response Model (GRM)
The Graduated Response Model (GRM) defines the minimum standards for Police responses to victims. Al victims receive at
least a bronze response.
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Victims (Police service to victims)
Response Victim
Offender (if known)
Level
Bronze
Fol ow Police policy for crime type (e.g. Family harm
Ensure Police policy for the crime type is
policy and procedures)
fol owed
Gather information
Consider bail conditions/opposition to bail
Ask the victim if they have any undisclosed offences
Consider Intel igence
Discuss crime prevention
Consider prevention opportunities.
Make
Victim Support referral if appropriate
Refer to other relevant agencies if appropriate
Depending on circumstances, ask if they would like a
support person
Consider area enquiries in ‘cocoon’ area and provide
crime prevention advice to neighbours
Send information letter with prevention advice if
appropriate
In an ongoing case, ask how they would like to
receive communication (e.g. email, phone cal , letter)
and how often.
Silver
Bronze response and:
Bronze response and:
Referral to relevant partner agency if appropriate,
Prevention visit by officer to discuss
e.g. Strengthening Families, Neighbourhood Support
consequences of actions
etc
If offender and victim know each other, advise of
Face to face crime prevention visit with victim
support services that best address needs of both
Fol ow-up phone cal subsequent to crime prevention
parties
visit
Fol ow-up phone cal s over 2 week period
Referral to Tasking and Co-ordination if required.
Gold
Silver response and:
Silver response and:
Visit by officer to:
Intel-led targeting of offender.
engage victim in crime prevention
update action taken regarding case
obtain consent to engage and contact
neighbours/friends to keep watchful
eye/‘cocoon’ approach
assess victim needs
Consider obtaining privacy waiver consent
Increase directed patrols in victim’s neighbourhood
Target hardening (consider personal alarms and
additional security)
Victim Intervention Plan developed and implemented
as appropriate
Referral to Tasking and Co-ordination.
Emergency Emergency operational response overrides. GRM.
Emergency operational response overrides GRM.
Intervention However, consider GRM as fol ow-up to emergency
However consider GRM as fol ow-up to emergency
situation.
situation.
(override)
Victim contact
Contact the victim, as per the Victims Rights Act 2002, at every significant change in the case. As a guide, you should:
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Victims (Police service to victims)
contact a victim at each step in the ten ste
p case management cycle
discuss with a victim, in an ongoing enquiry, the best method and frequency of contact.
Recording victim contacts
Add al victim contacts to the Case 'Contacts/Correspondence' node in the NIA doc loc case that has triggered the interaction
with the victim.
Interventions
Short term interventions: record in NIA Case Contact/Correspondence node as a victim contact.
Longer term interventions:
create a Victim Intervention Plan (available in Police Forms> Victims)
attach the plan or 7V file to the NIA doc loc case and record a Victim Contact Type when actions and activities take
place with a victim.
Add an Information Alert to the victim when a Victim Intervention Plan is in place. Anyone dealing with that person then knows
there is a plan in place . Consider associating files into one case when there are multiple files under consideration. Add the
victim contacts to the main file.
Inter-agency response for high risk victims
Some high risk victims may need an inter-agency response. This is where partner agencies work alongside Police in the
Victim Intervention Plan.
Use the Multi Agency Privacy Waiver as part of the victim engagement and referral to any inter-agency group.
(The plan template and privacy waiver are available in Police Forms> Victims).
Victimisation History Scorecard 'Traffic light' Flags in NIA
These NIA flags provide an overview of whether a person has been a victim of crime in the previous 12 months.
Flag
Represents…
Green
lower level victimisation(s), or
victimisation(s) that are toward the end of the 12 month victim history.
Amber
repeat victimisations, or
a single serious victimisation. A single burglary wil initial y show an amber flag.
Consider a victim intervention plan at this stage, if appropriate, to prevent the victim becoming ‘red’.
Red
high risk repeat victimisation, and/or
serious victimisations.
Note: A green, amber, or red flag only appears if a person has been victimised in the previous 12 months. A person's
victimisation history is however kept for five years.
Key steps for all Police employees
These steps must be fol owed in cases involving victims.
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Victims (Police service to victims)
Step Action
1
Find out if a victim has been a victim before. (Use the VHS in NIA).
2
Apply the
GRM. Be aware of previous victimisation and give prevention advice to al victims.
3
Capture accurate victim details. (Use your notebook card/the victim detail sheet/winscribe). These are essential for
referrals to support agencies.
4
Enter al victim details into NIA
before charge entry as the details wil populate into the file document.
5
Fol ow
case management principles.
Contact victims at every significant change in the case (at least at each step of the ten step case management process).
Record al victim contacts in the Victim Contact node in NIA Case – Contacts/Correspondence. This is a requirement of
the VRA.
6
Comply with the
Victims’ Rights Act 2002. See s29.
7
Use the tasking process to assign prevention tasks for victims and oversee high risk victims through Area and District
Tasking and Coordination meetings. Use an interagency forum for high risk victims where appropriate.
8
Create and manage case plans for victims (Victim Intervention Plans).
Plan template is available in Police Forms> Victims), or 7V file.
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Victims (Police service to victims)
Treatment and rights of victims generally
Introduction
This section outlines the:
principles laid down in the
Victims' Rights Act 2002 guiding the treatment of
all victims
rights of
all victims.
These principles and rights are reflected in Police procedures for supporting victims from the time the offence is committed
through to court appearances. The principles and rights apply to victims in the adult and youth justice processes.
Note: See
Notification rights for victims of serious offences in this chapter for additional rights and Police obligations for victims
of specified offences (s29).
Principles guiding service to victims
The purpose of the Victims' Rights Act 2002 is to improve provisions for the treatment and rights of victims of offences.
These key principles (
s7-
9) apply to al victims under the Act. They set the level of service Police wil provide.
Principle
Treatment of victims
Treat victims with courtesy and compassion, and respect their dignity and privacy.(
s7)
Access to services
A victim or a member of a victim’s family should have access to welfare, health, counsel ing,
medical or legal services for needs arising from the offence. This includes actions a court can
take to help them. (s
8)
Note: Subject to local agreements with support agencies for rape, sexual assault and family
violence cases, most victims should be assisted through the local
Victim Support group.
Restorative justice
A victim may ask to meet with the offender to resolve issues relating to the offence
meetings to resolve issues
A member of court staff, a Police employee, or a probation officer, if satisfied that the
relating to offence
necessary resources are available, must refer the request to a suitable person who is
available to arrange and facilitate a meeting.
Information to be given to victims
This information must be provided to al victims under the Act.
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Victims (Police service to victims)
Type of
Rights of victims
information
Information about Give the victim information about programmes, remedies, or services through Police (
s11) as soon as is
programmes,
appropriate. Services include participation in restorative justice.
remedies and
Discuss and complete a VS referral if the victim is agreeable. Information provided to VS should be agreed
services
by the victim.
Information may be given to a support person
Information required to be given to victims about programmes, remedies and services (
s11) and
information about proceedings (s
12) may be given to the victim’s support person if one is nominated in
writing by the victim or if the victim cannot receive it or is not, or may not be, capable alone of
understanding it (s
14).
This information may also be given to other people, such as someone who is disadvantaged by the
offence.
Information about A victim and others disadvantaged by an offence
must receive information about the investigation of the
proceedings
offence and specific actions being taken against the accused person and specific information about the
proceedings (s
12).
Note: Information may be withheld if there is a good reason for withholding it under the Official Information
Act 1982, e.g. if giving it would prejudice the maintenance of the law, including the prevention, investigation
and detection of offences and the right to a fair trial (s13).
Privacy of victims - restrictions on address
Only give victim contact information in evidence or in information provided to a court with the leave of the judicial officer
(s
16).
Some conditions apply (s
16A).
Contact information includes:
residential, postal, or email addresses,
home, business, mobile or fax numbers
For further information see
Protecting victims' privacy in this chapter.
Victim impact statement (VIS)
Victims should be given the opportunity to make a written statement about the impact the crime has had on them, through a
victim impact statement (ss
17AA-
27).
Note: The statement is required, if possible, at first appearance and must be on file for second appearance. Prosecution
guidelines require the VIS to be completed ASAP and at the latest by second appearance. This enables the court to accept
and process a guilty plea at the earliest opportunity while ensuring the victim's views are considered. Failure to place a VIS on
file may lead to unnecessary adjournments or the victim not being heard. The VIS should be updated before key stages and
must be updated, signed and provided to the prosecutor in time for sentencing.
See
Victim impact statements for information on how these are written and managed through the courts. The VIS should
concentrate on the effect of the offending on the victim and should not repeat the facts of the case.
Victim's views on name suppression
If an offender or accused applies for name suppression or the suppression of other identifying particulars under
s200 Criminal
Procedure Act 2011, the victim is entitled to provide their views about the application. The court must be informed of the
victim’s views (s
28).
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Victims (Police service to victims)
See
Court entitlements for victims for more information including name suppression of victims.
Right to be notified about bail decisions
It is the responsibility of the OC case to ascertain views on bail and provide them to the prosecutor prior to a bail hearing.
These should outline the reasons the victim agrees/disagrees with bail being granted.
If Police are opposing bail and it involves a victim(s) of a
s29 specified offence, then it is mandatory to notify the victim(s), or
their representative, of the outcome of the bail application hearing as soon as practicable. For family violence offences see the
Police
Family Harm Policy and Procedures for the procedures for responding to and investigating family harm episodes.
In cases which are prosecuted by the Police Prosecution Service (as opposed to those prosecuted by the Crown), it is the
prosecutors responsibility to refer the bail application hearing outcome to the PPS Victims Advisors, on the day of the
defendant’s bail application appearance, if this occurs during business hours (1000-1730). The s.29 Inform App is to be used
to notify the Victim Advisors team. The s.29 Inform App is available for download on Police issued mobile phones. S.29 Inform
App – Process Document download and operate instructions.
In certain circumstances (i.e. on weekends, statutory holidays, after business hours, or due to an inability to access the s.29
Inform App) it is the responsibility of the prosecutor to contact the victim directly and as soon as practicable. (It is expected that
this wil be done at the first available opportunity but no later than the end of the day). This includes qualifying s.29 specified
offence(s) resulting in an appearance at Saturday court. Under these circumstances, Prosecutors must also update the Victim
Contact node within NIA.
If a prosecutor is unable to contact the victim as soon as practicable then the prosecutor must task NCCC (via an email) to
complete this requirement. NCCC wil delegate the job to the relevant DCC to enable local police to be dispatched to the
victim’s address to enable bail outcome notification to occur.
For further information about Police responsibilities to victims in respect of bail applications, see Bail applications when section
29 applies in this chapter.
Return of property
Victims' property held as evidence must, as far as possible, be
returned as soon as practicable after it is no longer needed
(s
51), unless the person advises Police that they do not want it returned.
Victims have the right to complain to the IPCA, the Privacy Commissioner, the Ombudsman or any other relevant person
under s
49 if they feel that they have not been afforded the rights they are entitled to under the Victims’ Rights Act 2002.
Police are to ensure victims are aware and have access to the
Victims Code. The Victims Code provides information on victim’
rights, their treatment expectations and how to lodge a complaint.
Issues may also be raised directly with an O/C case, their supervisor or another senior manager.
Police must deal with complaints promptly and fairly.
See the
Police investigations of complaints and notifiable incidents Police Manual chapter.
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Victims (Police service to victims)
Notification rights for victims of serious offences
Victim Notifications
The Victim Notification Register is the process set up by agencies to notify registered victims of specifie
d serious offences who
wish to be notified about the bail, release, escape, and death of a defendant or offender. It is sometimes referred to as the
Victim Notification Register (VNR).
The Victim Notification Coordinators at the relevant agency wil manage registrations for victim notification. VN includes victims
going through the adult and youth justice processes and starts when an offender is remanded in custody or to a secure health
facility.
Only victims of section 29 offences can register for notifications
Only victims of offences specified in section
29 of the Act can go on the Victim Notification Register. Family members may
also be victims in certain circumstances. The offence must be:
a sexual assault or other serious assault
one that resulted in serious injury to a person, the death of a person or a person bein
g incapable, or
one of another kind, and 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 one or more members of their immediate family.
the victim is a child
the victim dies or is rendered incapable.
Duty to advise victims about the Victim Notification Register
Police
must determine whether the offence is one that comes under
s29 as soon as practicable after they come into contact
with a victim. If it does, the victim
must be informed of their right to be on the Victim Notification Register and to be notified
about the bail, release, escape and death of the offender and accused.
Victim notification rights
People on the Victim Notification Register wil be notified:
when the offender is released on bail (including terms and conditions of bail (s34(1)) and have their views about the
offender being released on bail made known to the court (s
30)
when the offender comes up for a hearing by the NZ Parole Board and be able to participate in the process to decide
whether to grant the offender parole and make submissions to the NZ Parole Board
of the offender's:
impending release from prison
temporary release from prison or part time release to work
when a prison sentence is substituted by a sentence of home detention
when the NZ Parole Board makes a decision:
whether to grant the offender parole
concerning an interim or final recal order
when the offender is being considered for a deportation order or has appealed against such an order (s39)
about opportunities to make claims under the
Prisoners’ & Victims’ Claims Act 2005.
The victim wil also be notified if the offender:
escapes from prison or absconds from home detention
dies in prison, while subject to release conditions, or while on home detention
is given compassionate release from custody
breaches parole, release, or home detention conditions and any convictions and sentences for breaches
is discharged or given unescorted leave of absence, or has escaped, or died, when liable to be detained in a hospital or
facility (s
37).
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Victims (Police service to victims)
After a victim is registered
After a victim is registered, PNHQ must inform the agency where the offender is being held (either Health or Corrections) and
that they must keep the victim informed about the release, escape, or death of the defendant or offender.
That agency must then inform the victim or their representative of any changes to the offender’s custody status by telephone,
post, fax or email, or some other means, using the contact details supplied by the victim.
A victim, or their representative, can update their address by writing (including email) to any of the agencies (Police, Health or
Corrections). Any agency that receives notice must:
confirm receipt to the victim or representative
forward the notice to any agency previously provided the name and address
inform the victim or representative that this has been done and to what agency the notice was sent.
A victim may also withdraw from future notifications. The same procedure of notice is fol owed.
Summary of O/C responsibilities regarding s.29 notification
Informing eligible victims about the right to s.29 victim notification
Fol ow these steps when section
29 applies. When the offence fal s under s29 (a) (b) (c) a task in NIA wil be al ocated to the
O/C at the time the charge was filed.
S29 (d) is now considered by staff dealing with the victim on a case by case basis because this can be applied to any offence
where appropriate.
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Victims (Police service to victims)
Step Action (O/C)
1
Inform the victim at the time of the offender's arrest that they have the right to apply to be on the Victim Notification
Register (VNR) and be notified (or have their nominated representative notified) about bail, release, escape and death of
an offender and accused.
Note: Always inform a support person if you believe the victim is not or may not be capable of understanding the notices
or information, or of nominating a representative on their behalf.
2
Explain the rights that registration on the VNR gives them. These are listed on the reverse of the POL 1065 form.
Advise the victim that they wil only be notified:
if they ask to be registered on the VNR, and
provide their current address.
3
Update a Victim Contact node in NIA in the Case - Contacts/Correspondence node. You must note the victim’s response
as to whether they want to be notified of matters relating to the offender/accused person’s location.
This is to avoid any conflict if the victim later claims they were not given their rights.
4
Give the victim a Victim Notification form (POL 1065) to fil out and explain the form to them. Remind them to provide a
current address, email address, and phone number where applicable.
It is important to have as many forms of contact as possible in order to contact the victim urgently if required.
5
The victim signs the form and posts it to:
Freepost 175083 Victim Notification
NZ Police
P.O. Box 3017
Wel ington, or
Fax 04 499 1065
Or the form can be emailed to
[email address]
Note: You may help victims complete the form and can post it for them, but do not sign it on their behalf unless:
the victim is unable to sign the form themselves
you have obtained the victim’s consent to sign on their behalf via email (preferred) or phone. NOTE: If you are
acting on behalf of the victim you must continue this process and role until the conclusion of the offenders’
sentence, including parole.
If you have obtained the victim’s consent by phone or email, please state this clearly when sending through the
POL1065 to
[email address]
6
Retain a copy of the completed POL 1065 on file.
7
Stress to the victim that they are responsible for keeping Police informed of changes to their contact details. Ensure they
have the freepost number or
[email address] email address to send changes of address to. As O/C
case, ask them to also advise you if their details change.
Leave the information page of the form with the victim for their future reference.
8
When received, the application form is then verified at PNHQ and the victim wil be informed once their application has
been processed.
Notices may be given to a representative
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Victims (Police service to victims)
If a victim nominates a representative, this person can receive any notifications and other relevant information on the victim's
behalf.
Police must make al reasonable efforts to inform a support person that a representative may be appointed
(s31) if there is any
chance that the victim does not understand the notices or information being provided.
Bail applications when section 29 applies
Whether or not a victim of an offence specified under section 29 has applied to go on the Victim Notification Register,
Police must make all reasonable efforts to ensure that:
the victim's views about the accused's or offender's release on bail are ascertained
the court is informed of these views
the victim is advised of the outcome of the bail application hearing, when Police are opposing bail.
(
S30 and
34 of the Victims’ Rights Act and
s8(4) Bail Act 2000)
Procedure to ensure notice about bail is given
Fol ow these steps to ensure Police responsibilities relating to bail are met.
Step Action
1
It is the O/C’s responsibility to include the victim's views on the Grounds for Opposing Bail Form POL 128, or if Police
are not opposing bail, in a covering report to Prosecutions.
2
When these actions have been completed, note them in the NIA Victim Contact node as a victim contact or in the
relevant NIA task.
3
If police are opposing bail, and the Crown is prosecuting for Police, it is the Crown’s responsibility to advise al s.29
victims, as soon as practicable, of the outcome of any bail application including any terms and conditions of the release
on bail relating to:
the safety and security of the victim or a member of thei
r immediate family
the accused or offender not associating with, or contacting the victim or a member of their immediate family.
s
34(1B)
Note: Do not disclose information if it would be contrary to an order under the Bail Act 2000 prohibiting the publication of
matters related to a bail hearing.
4
In s.29 cases, where the Police Prosecution Service (PPS) is advocating the case PPS Victim Advisors complete al
notifications unless a bail hearing occurs outside Victim Advisor business hours [1000-1730]. In these situations, it is the
responsibility of the prosecutor (or their nominated representative) to notify the victims(s), as soon as practicable, and
update the Victim Contact node on NIA in al instances.
Orders restricting disclosure of information about bail
See information on suppression in the
Criminal procedure - Administration stage chapter for when a court may make an order
under s
19 Bail Act 2000 prohibiting the publication of reports or accounts of any matters dealt with at a bail hearing.
Release on bail
This includes a release on bail:
until the hearing of proceeding
during an adjournment
until sentencing, and
until determination of an appeal against conviction or sentence.
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Victims (Police service to victims)
(s
34(2))
Querying the Victim Notification Register
Police employees can query the electronic Victim Notification Register using the Notifications Node on the Police intranet.
Queries can be run on criteria relating to victims and their representatives or relating to offenders.
Fol ow these steps to query.
Step
Action
1
Access the intranet home page
2
Open ‘
Applications and databases’
3
Select ‘
Notifications’
4
Select ‘Victim Notification Register Query’
Contact the PNHQ Victim Notification Register Coordinator on
[email address] if you have any general
questions about the Victim Notification System.
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Victims (Police service to victims)
Responding to incidents involving victims
Key requirements for all victim contacts
In al contacts with victims:
treat them with courtesy and compassion
respect their dignity and privacy
ascertain their needs and provide appropriate advice.
Receiving the call
The initial contact with Police is usual y at a Police station, with Crime Reporting Line, a telephonist or Communication Centre
dispatcher. Fol ow standard procedures for initial responses noting the fol owing actions.
Step Action
1
Ensure top priority is given to securing the victim’s safety and cal health professionals if necessary.
2
Avoid inconveniencing the victim, especial y in serious cases and where the victim is likely to be traumatised. If the victim
is not at the Police station, arrange for a patrol to be dispatched promptly where appropriate, rather than asking the
victim to cal at a Police station.
3
Ensure the victim is:
kept informed of when police wil arrive, especial y if a delay is likely
given appropriate reassurance
given advice about preserving evidential materials.
Initial actions on arrival
Step Action
1
Keep yourself and others safe.
Ensure the victim’s safety. If necessary or when appropriate, explain the circumstances to a family member or friend of
the victim. Be aware of breaching privacy. If a victim is told to report to a station first ensure the victim has the
means/ability to do so.
2
Determine whether there are any medical needs, even if there are no obvious injuries. Traumatised victims often do not
recognise their own injuries (especial y those who have experienced strangulation). Check that any medical conditions,
such as a weak heart or asthma, have not been aggravated by the situation. If necessary provide first aid and engage
health professionals.
3
Establish whether an offence has been committed. If necessary:
secure the scene and protect evidence
arrange for the victim for be removed from the scene to a less threatening, more secure environment when
appropriate.
4
Establish who is a victim and ascertain their needs. Provide relevant advice and focus on any concerns they may have
(e.g. child care).
Think broadly – the Victims Rights Act covers more people than just the person who experienced the trauma in specified
circumstances.
Explain what Police are doing, and what they can expect to happen during any investigation.
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Victims (Police service to victims)
5
Provide support. This could be through Victim Support, a relative or friend.
Contact the Victim Support contact centre immediately using
0800 842 846 (0800 VICTIM) from a non-Police phone, or
direct dial (04) 470 4879 from a Police iPhone, or ext 41179 from stations, if the incident is one where the victim is
significantly affected and an immediate cal out is required. (See
Police referrals to Victim Support in this chapter)
.
If there are safety concerns at the scene:
advise the Victim Support worker to delay arrival at the scene
wait for the worker's arrival at the scene
wait at the scene for the duration of the Victim Support worker’s visit.
6
If the person is a victim of sexual assault:
fol ow the Adult sexual assault investigation (ASAI) policy and procedures or the Child protection investigation
policy and procedures, and
refer the matter to your Criminal Investigation Branch (CIB) as soon as possible for investigation.
In other cases of serious offending, consider referral to the CIB according to your local procedures for escalation.
7
Offer assurance of protection if victims fear reprisals for cal ing or talking to the Police. Tel the victim about protection
they are entitled to against unlawful intimidation, such as
s21 Summary Offences Act 1981.
Note: There are legal obligations relating to victims who have ongoing fears, when an offender has been charged (
s29).
(See
Notification rights for victims of specified offences section). However, do not create fear where it does not already
exist.
8
If you are at the victim’s premises:
advise how to arrange the necessary repairs to the property and make an insurance and/or ACC claim where
relevant.
offer crime-prevention advice and assistance. Instigate the
GRM. Initiate silver or gold response if appropriate.
if the victim has internet access, refer them to the
Police safety tips for safety information and the MoJ Victims
Centre information.
Interviewing the victim initially
Fol ow the
Investigative interviewing witness guide’ for conducting any interview with victims. Use this table as a reminder of
actions to be taken during initial interviews.
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Victims (Police service to victims)
Step Action
1
Always keep the suspect and the victim separate. Remove the suspect if they are at the scene or interview the victim
elsewhere.
2
When interviewing the victim (or witness) keep people away who are unnecessary to the interview. Ensure the victim
knows that other people cannot hear what is going on. Do not al ow other witnesses/victims to be present as support
unless they have already provided their statement.
3
Use approved translation services if the victim cannot speak English. When English is the second language, consider
using an approved translator accessed through the
Language Line.
4
As soon as practicable ascertain whether the person is a victim of any of the
s29 serious offences. If so, and the offender
has been arrested, you
must:
inform the victim of their rights to register on th
e Victim Notification Register and what that wil provide
provide a POL 1065 form enabling them to register and assist with its completion and submission as appropriate.
(For further information see
Notification rights of victims of serious offences).
5
If there has been or is likely to be an arrest, take a
victim impact statement (POL 392).
6
Ask the victim what their needs are and provide the relevant advice.
7
Arrange appropriate Victim Support assistance. Victim Support must be considered and discussed with the victim and be
cal ed out if the incident meets the
referral criteria agreed between Police and Victim Support.
8
Give the victim your contact details.
9
Be honest when advising a victim of the status of a complaint in which there are no further lines of enquiry or nominated
suspects. Do not give the impression that an investigation wil be carried out if the circumstances make this unlikely.
Make no promises that cannot be kept.
10
Advise the victim about the possibility of reparation under:
s
32 Sentencing Act 2002, or
s
283 Oranga Tamariki Act 1989 if the offender is a young person.
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Victims (Police service to victims)
During the investigation
Victims and crime scene examination
Consider the needs of victims when examining crime scenes.
Step Action
1
Crime scene examiners and photographers should avoid lengthy delays in attending the scene. Delays can cause
serious inconvenience to business and impact on their productivity.
2
Handle items careful y.
3
Put newspaper down when using fingerprint powder. Clean up any mess you create during your examination.
4
Where a death has occurred, screen any bodies and remove them as soon as possible after consulting with the O/C
case.
Procedures after an arrest
The O/C case must fol ow these steps to ensure legal requirements relating to victims are met during investigations and file
preparation.
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Victims (Police service to victims)
Step Action
1
Where an arrest has occurred the O/C case must complete the case contact node in NIA. The Victim Contact node
must be completed detailing information supplied to the victim.
2
The O/C case must, as soon as practicable, inform the victim about the:
progress of the investigation of the offence
charges filed or reasons why charges were not filed, and al changes to the charges filed
victim’s role as a witness in the prosecution of the offence
the date and place of the first appearance in court of the person accused of the offence.
Update the NIA case contact node in the doc loc case each time the above is done. This contact should not be
recorded on a job sheet.
3
Where there is a victim and the matter is referred to court, complete a Court Services for Victims form (CSV1) ande
mail
it to the Court Victim Advisor (Court Services for Victims), before the first court appearance. Send using secure email
[SEE Ma il] -refer to in the
Operation Security chapter.
The emails addresses are available at th
e CSV 1 email address list.
Update the NIA case contact node to demonstrate this action has been undertaken.
4
If the victim is a victim of a section
29 offence, explain victim notifications and assist them to complete a POL 1065 so
they can be registered on the
Victim Notification Register.
5
Where serious offences covered in section
29 are involved, the victim’s views on bail
must be ascertained by the O/C
and communicated to the judge by the prosecutor (s
30). See
Bail applications when section 29 applies.
6
Inform the victim about court proceedings, including the date and place of:
the first appearance in court of the person accused of the offence
any other hearings relating to the offence, even when the victim is not required to attend
any judge-alone or jury trial relating to the offence
any hearings set down for a sentence indication or sentencing for the offence
any appeal hearings against conviction, or the sentence imposed or to be imposed for the offence, or both.
Update the NIA case Contacts/Correspondence node.
Notes
Information may be given to the victim’s support person if the victim nominates a support person, or cannot
receive information or is not, or may not be, capable alone of understanding it.
Keeping victims informed about the progress of the investigation is a legal requirement
under s12.
See
Information to be given to victims for details of when information may be withheld.
If there is no arrest or suspect identified
Where no suspect has been identified or arrested, advise the victim:
whether Police wil be making an active inquiry into the matter
the reason for your decision
how enquiries wil be carried out.
If Police cannot locate a suspect or decide not to arrest or prosecute the suspect, advise the victim of this and give the
reasons. However, if these reasons relate to the victims ability to withstand a trial or similar, this should be decided after
consulting with the victim.
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Victims (Police service to victims)
Victim Impact Statements (VIS)
Introduction
This section outlines:
the purpose of Victim Impact Statements and when they are required
procedures for gathering information and taking a VIS.
Purpose of a Victim Impact Statement
The purpose of a VIS is to:
enable the victim to provide information to the court about how the offending has impacted them, physical y, emotional y,
and financial y
assist the court in understanding the victim's views about the offending
inform the offender about the impact of the offending from the victim's perspective.
Sentencing judges
must be informed under
s21 of the Act about any:
physical injury or emotional harm suffered by the victim through, or by means of, the offence
loss of, or damage to property suffered by the victim through, or by means of, the offence
other effects of the offence on the victim (e.g. financial costs, emotional harm)
any other matter consistent with the purpose of a VIS, as noted above.
A VIS can be written, or recorded in another way (e.g. audio or video), and may include any photographs, drawings, or other
visual representations provided by the victim.
The VIS must be updated before major court hearings so the sentencing judge has the victim’s current views. This must be
signed by the victim.
The O/C (or person on behalf) must contact the victim to check whether there is further information available from the victim on
the physical, emotional or financial impact from the offending and update the VIS (or note that no update is required). Best
practice, as per legislation, states that the VIS must be signed by the victim - or his or her representative (e.g. Victim Support)
or the O/C case – otherwise the VIS may not be used.
When a VIS is required
The O/C case is required to give a victim an opportunity to complete a VIS:
in every case involving an identifiable victim (a person who has been offended against by another person)
for others disadvantaged by the offence, if the prosecutor considers the circumstances of the case warrant it (the
prosecutor must obtain the court’s leave to submit such a statement)
in the case of corporate victims, when the O/C case believes this is justified.
Taking and maintaining a VIS
You must ensure the VIS’s are scanned and the original(s) is placed on the prosecution file. This includes any prosecution file
where the defendant may seek a sentence indication or is likely to plead guilty and be sentenced.
Good practice is to take a VIS from the victim before the offender’s first court appearance (i.e. at the time of the arrest or
submission of the prosecution file). Some defendants plead guilty at the first appearance and, in those cases, sentencing may
occur almost immediately. Therefore, a VIS MUST be provided and attached to the prosecution file by second appearance.
If the victim declines to provide a VIS, a VIS form with words to the effect “victim does not wish to provide a VIS” must be
added to the file to inform the prosecutor the victim has declined to submit a VIS.
Statements by others disadvantaged by offence s20(1)
In appropriate cases, Police may treat a person as a victim (for the purposes of section
s 17 -19 and
21 -
27 relating to VIS):
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Victims (Police service to victims)
who was disadvantaged by an offence, and
from whom information on the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor,
and
who is not a victim of the offence, a person accused of the offence, or the offender.
This provision might apply to a witness to an offence, who does not meet the definition of a victim but is treated as such by
virtue of s
20.
Who prepares a VIS
The O/C is responsible for gathering information and working with the victim to prepare a VIS. A prosecutor (Police or Crown
Prosecutor) submits the VIS to the judicial officer providing a sentence indication or sentencing an offender (or in the Youth
Court, a judge making an order under s
283 of the Oranga Tamariki Act 1989).
A VIS should be prepared by the O/C case or a ful y briefed person using the POL 392 form. Where a formal agreement exists
between Victim Support and the Police district, Victim Support may be able to complete and update the Victim Impact
Statement, but the ultimate responsibility lies with the O/C Case.
If a victim prepares their own statement, the O/C case, ful y briefed person, or Victim Support should work with the victim to
ensure adherence to the guidelines on the POL 392 and the
Victim Impact Statement Guidelines on
victimsinfo.govt.nz.
If the statement is prepared by a person other than the victim, the statement must be read to the victim (or their representative)
and agreed as true and information they wish to provide before it is signed and submitted.
Initial interview for a VIS
The O/C case must conduct an initial interview with the victim to inform them of the VIS process before gathering information
from them to include in the VIS.
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Informing the victim of the VIS process
The fol owing steps should be taken to inform the victim about the VIS process.
Step Action
1
Interview the victim face to face. Spend sufficient time to put them at ease. If possible, have a member of a victim
support group present.
Prepare statements for child victims in association with a parent or guardian or specialist.
2
Explain to the victim they are not legal y required to give any information for the purposes of a Victim Impact Statement.
Note on the POL 392 if they object to a statement being submitted or do not wish to provide information. Attach
the POL 392 to the file, as this ensures clarity about the VIS in al prosecution cases.
3
Explain the statement’s purpose including that the information:
is being col ected for sentencing purposes if the accused is found guilty or pleads guilty, and may be used for the
purpose of giving the accused a sentence indication if they request one
must be true
must be in writing or recorded in some other way (e.g. by audio or videotape) and signed or otherwise approved
should concentrate on the impact on them rather than the facts of the case (which is content for the Statement of
Facts).
4
Explain that the defence, offender and judge wil see the statement and who can keep and make copies of it. It should
not include any information they wish to keep confidential.
5
Inform the victim about orders, directions and conditions that may be imposed regarding disclosure or distribution of the
statement. Ask the victim for their views on whether the prosecutor should apply for any orders (e.g. a protection order)
directions or conditions in relation to the handling and use of information.
Taking a VIS
The steps below should be fol owed to take a Victim Impact Statement.
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Step Action
1
Use POL 392 to record the victim's details and their detailed statement. Use the first person ("I") and the narrative form.
Adopt this same approach if the statement is being audio or videotaped.
2
Fol ow the prompts listed on the POL 392 and ask the victim:
for their personal details (e.g. age, relationship to offender, but NOT their address)
to explain how they have been affected by the offence including:
any physical injuries (e.g. type and extent, long/short term effects, whether hospitalised, had absences from
work)
financial costs (e.g. treatment costs, replacement or repair costs, loss of wages, incidental costs)
emotional harm (e.g. changes in behaviour, lifestyle, personal reaction, need for counsel ing)
any other matters consistent with the purpose of a victim impact statement.
Police must make al reasonable efforts to col ect this information (
s17).
3
Obtain:
supporting evidence, e.g. medical reports, quotes or bil s for the cost of damages
any extra expert opinions such as reports from doctors, dentists, counsel ors or psychologists, and copies of quotes
or accounts from professional trades people
any photographs/drawings/other representations provided by the victim(s).
These reports may be submitted in addition to a Victim Impact Statement.
4
Check the VIS does
not:
contain information that is false, irrelevant, or confidential
contain comment that is abusive or makes threats
refer to other unlawful acts by the offender that have not been the subject of charges, unless they are admitted and
referred to in the original summary of facts
refer to other incidents in which the victim was a victim of an offence.
Al information in the statement must relate to the charges before the court.
5
Ask the victim to:
check the statement and confirm it is correct
endorse the statement (bottom left hand box) acknowledging they gave the information knowing it:
was for submission to the judge for sentencing or a sentence indication
must be and is true to the best of their knowledge and belief.
6
Have the victim sign the statement.
If the victim is unable to sign (e.g. if it has been read out over the telephone) the O/C case (or person acting on their
behalf) must:
endorse the statement (bottom right hand box) with a signature acknowledging the statement was read, replayed
or otherwise submitted to the victim and they are satisfied the victim approves of it.
7
Place the statement on file ready for the prosecution to produce in court. Include a print out of the record of Victim
Contacts from NIA on the file so that the prosecutor can record updates to the VIS.
Updating the Victim Impact Statement
The O/C case is responsible for ensuring the VIS is current, and, if required, updating the VIS prior to any hearing (where
sentencing may take place almost immediately after a guilty plea or verdict).
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The O/C case must check with the victim whether:
they have further information to complete the VIS if details were incomplete in an earlier version (e.g. where they had
received a quote from a professional tradesperson and now had received an invoice)
they wish to change any of their views in the initial statement or add to the statement.
New information from the victim should be added to the bottom of the previous statement.
Do NOT start a new document. If no
new information is to be added, the O/C case must stil note on the VIS form that contact was made with the victim, and that
there was no change to their initial statement (including the date).
When interviewing the victim again, the same steps should be fol owed as in the initial interview.
A prosecutor wil also check the currency of the VIS and may task the O/C case with updating it if it hasn’t been adequately
updated.
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Submitting a victim impact statement (VIS)
Key rules for submitting statements
Information gathered by Police under section
17 (see Taking the statement and gathering information) must be submitted by
the prosecutor to the judicial officer sentencing the offender.
Victim Impact Statements:
can
only be distributed by prosecutors
must
not be disclosed in disclosure packs.
Note also that no offender can be given a VIS by requesting it under the Privacy Act 2020 without the victim’s consent.
Offender access to the VIS
The prosecutor or the defence must
show a copy of the statement to the offender if they ask for it unless the prosecutor or
defence:
intends to apply for an order under
s25 to withhold part of the statement from the offender, or
knows that an application is to be made, or has been made but has not yet been determined.
Note: No one other than the victim or a person acting on their authority may give an offender a VIS to keep.
How is the statement submitted
Submit the statement to the court in the form in which it was recorded unless the judicial officer directs otherwise.
A victim may request a judicial officer to have al or any part of the statement read to the court by the victim, the prosecutor, or
a person nominated by the victim (who is not the offender or an accused).
A judicial officer:
must agree to a request from a
s29 victim unless the judicial officer considers it inappropriate to do so because of:
the number of requests
the age and maturity of the offender
the content of the statement is inconsistent with the purpose of a Victim Impact Statement
concern about the risk of serious disruption to court proceedings or a risk to the safety of any person
may agree to a request from a victim who is not a victim of a s29 offence.
When is the statement distributed
The fol owing table outlines when victim impact statements should be distributed.
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Prosecutors
When
distribute copies
to…
Defence counsel
Before the sentencing hearing, subject to any orders or restrictions.
Court
In the case of a guilty plea, present the statement at the same time as the Summary of Facts.
If the statement is from someone treated as a victim because they were
disadvantaged by the offence, it
may only be submitted to the court with leave of the sentencing judge.
Judge
When a suspect has been convicted after a “not guilty” hearing and the case involved:
an identifiable individual victim(s)
a corporate victim
a death, or a person being made
incapable (in this situation, the members of the
immediate family
are victims).
Court orders relating to statements
Prosecutors can apply under
s25 for an order to have the VIS or part of the VIS withheld from the offender for the victim’s
physical safety or security. A judge can also decide to withhold this. Any part withheld cannot be taken into consideration by
the judge during sentencing.
Prosecutors can also apply under
s27 to have conditions on disclosure or distribution of the victim’s statement imposed to
protect the victim’s physical safety or security, emotional welfare and privacy.
Orders
The judge can:
give directions or impose conditions:
about the copying of the statement, including the number of copies that may be made
on the people to whom the statement may be disclosed or distributed
about any other matters to do with the disclosure and distribution of the statement
direct that al or any part of the statement not be:
disclosed or distributed, either general y or to a specified person
published, either general y or by a specified person
impose conditions on the:
disclosure or distribution of al or any part of the statement
publication of al or any part of the statement
Statements to be returned at end of proceedings
People who receive copies or make copies of a VIS during proceedings (including the offender’s lawyer) must return them to
court staff at the end of proceedings (this would be at the end of the appeal process if the right of appeal exists) unless the
judge has issued an order on an application al owing them to keep a copy.
This requirement does not apply to court staff, Police employees, probation officers, prosecutors or the victim concerned.
Further information about distributing or disclosing statements
See ‘Victim’s information and victim impact statements’ in the Further restrictions on disclosure section of the Criminal
disclosure Police Manual chapter.
Monitoring prosecution files for compliance
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This table outlines responsibilities for monitoring and ensuring Police meet their statutory obligations relating to VIS.
Role
Responsibility
District
Instituting systems (e.g. portfolio attached to District Victims’ Manager role) in the district to monitor prosecution
Commanders files to ensure that in al appropriate cases, VIS of sufficient standard are on file, ready for submission to the
court.
O/C
Ensure that up-to-date, adequate VIS are attached to the file.
Prosecutions
Liaison occurs with the O/C case to ensure that updated statements are made available to the court.
Receive monthly VIS audit sheets from prosecutors, recording the compliance rates for VIS to be placed
on the file.
OC File
Ensure the VIS:
is on the file by 2n
d court appearance
is accurate and the victim has agreed the content
is updated before key court appearances.
Weight given to a VIS
When determining the weight to give to a VIS, a judge wil consider whether the statement is verified, how old it is, and any
other relevant matters. An unsigned VIS may not be used.
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Court and privacy entitlements for victims
Restrictions on disclosure of addresses
Information that identifies or which may lead to the identification of the victim’s contact details (residential, postal, or email
addresses, or home, business, mobile or fax numbers) may only be given in evidence or information provided to a court (e.g.
in an information or summary of facts) with leave of a judicial officer.
The judicial officer must not grant leave unless satisfied:
the information is directly relevant to the facts in issue, and
the evidential value of the information outweighs any prejudice to the victim’s interests, or any harm to the victim, that is
likely to be caused by giving the information.
s
16(1),(2) & (3)
This does not apply in a criminal proceeding if it is necessary to disclose the victim's address to ensure the defendant is ful y
and fairly informed of the charge, e.g. it is necessary in a burglary charge to disclose the victim’s address (s
16A).
Witness address not to be given in evidence
In any proceeding, the precise particulars of a witness’ address (e.g. details of the street and number) may not, without the
judge's permission, be:
the subject of any question to a witness or included in any evidence given, or
included in any statement or remark made by a witness, lawyer, officer of the court, or any other person.
s
87(1) Evidence Act 2006
A judge can only permit mentioning, questioning or giving evidence about the witness’s address if it is of sufficient direct
relevance to the facts in issue and to exclude it, would be contrary to the interests of justice.
Protecting victim's identity in criminal proceedings
Section
202 Criminal Procedure Act 2011 al ows the court make an order prohibiting the publication of the name, address, or
occupation of a victim, of or over 18 years of age, if the court is satisfied that publication would be likely to:
cause undue hardship to the witness, victim, or connected person
create a real risk of prejudice to a fair trial
endanger the safety of any person
lead to the identification of another person whose name is suppressed by order or by law
prejudice the maintenance of the law, including the prevention, investigation, and detection of offences
prejudice the security or defence of New Zealand.
Police
must inform the victim about the possibility of the court making an order prohibiting the publication of identifying
information about the victim and the steps that the victim can take in relation to the making of that order (
s12).
See also ‘Suppression of names and information before the court’ in
Criminal procedure - Administration stage for further
information on the suppression of details of other witnesses and connected persons.
Protecting victim’s privacy in sexual cases
In sexual cases:
no question may be put to the victim or any other witness about the victim’s occupation
no statement or remark may be made in court by any person involved in the proceeding about the victim’s occupation,
unless the judge grants permission.
(s
88(1) Evidence Act 2006).
Prohibition against publishing names in specified sexual cases
Section
139 Criminal Justice Act 1985 and section
203 Criminal Procedure Act 2011 prohibits the publication of the name or
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particulars leading to the identification of any person upon or with whom a specified sexual offence has been or is al eged to
have been committed unless:
that person is of or over the age of 16 years for proceedings commenced before 5 March 2012 or 18 years and
the court, by order, permits such publication.
A victim of a sexual offence may apply to the court for an order permitting the publication of their name or identifying
particulars or the name or identifying particulars of the offender.
Automatic identity protection for child victims and witnesses
Section
139A Criminal Justice Act 1985 prohibits publication of the name of any person under the age of 17 years who is
cal ed as a witness in criminal proceedings or any particulars likely to lead to the person's identification, for proceedings
commenced before 5 March 2012. Section
204 Criminal Procedure Act 2011 prohibits the publication of the name, address, or
occupation of any person under the age of 18 years who is a victim or witness in criminal proceedings commenced from 5
March 2012.
Despite the general prohibition on publication for child victims, the details of a child who died as a result of the offence may be
published.
A victim or witness in a proceeding may apply to the court for an order permitting the publication of their details once they
have reached the age of 18 years and the court is satisfied that they understand the nature and effect of their decision.
Privacy of victim impact statement
See
Submitting victim impact statements for information about the law protecting the privacy of VIS.
Power to clear court and forbid reporting
Where a court is of the opinion that it is in the interests of justice or of public morality or the reputation of any victim of any
al eged sexual offence, it may make an order:
forbidding publication of any report or account of the whole or any part of the evidence adduced or submissions made
forbidding the publication of the name of any witness(s) or any name or particulars likely to lead to their identification
excluding al or any persons other than the informant, any Police employee, the defendant, any counsel engaged in the
proceedings, and any officer of the court from the whole or any part of the proceedings. Automatic restrictions on who
can be present in court in cases of a sexual nature apply and the court may make an order to exclude persons in other
circumstances (
Part 5, Subpart 3 of the Criminal Procedure Act 2011). Refer to information on suppression in the
‘Criminal procedure – Administration stage’ chapter for detailed information about the power to clear court from 5 March
2012 and the transitional provisions that apply.
Note: This does not automatical y exclude accredited news media except where the court is of the opinion that it is necessary
in the interests of security or defence of New Zealand. The court may stil forbid publication of evidence or submissions.
(s
197 Criminal Procedure Act 2011)
Victim’s view on accused/offender permanent name suppression
If the accused or the offender applies under section
200 Criminal Procedure Act 2011, for an order permanently prohibiting the
publication of their name, address or occupation or of any particulars likely to lead to their identification, prosecutors
must
make al reasonable efforts to ensure any views the victim has on the application are ascertained and
must inform the court of
those views.
s
28 Victims' Rights Act
Entitlement to support person at court
When giving evidence in a criminal proceeding, a complainant is entitled to have one support person (or more with the judge's
permission) near them to give support.
Other witnesses giving evidence in the proceeding may have one or more support people with the judge's permission.
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The complainant or witness must disclose the names of their support people to al parties as soon as practicable, unless the
judge orders otherwise.
The judge can:
refuse to al ow a person to provide support, if it is in the interests of justice
regulate the conduct of a support person or the person receiving support.
(s
79 Evidence Act 2006)
Assistance with communication
A witness is entitled to communication assistance to assist them in understanding proceedings and giving evidence, unless
the judge considers that they can sufficiently understand the questions put oral y and can adequately respond to them.
(s
s80(3) &
81(2) Evidence Act 2006)
There are further protections for victims in the Evidence Act including restrictions on cross-examination by parties in person
(s
95) and limitations on unacceptable questioning (
s85).
Victims may be entitled to give evidence in alternative ways
See
Giving evidence in alternative ways in this chapter.
Victims and restorative justice
The Victims’ Rights Act 2002 promotes the use of restorative justice processes (
s9). However not every court provides this
service.
Police are not responsible for making arrangements with restorative justice providers and do not meet the costs associated
with referrals. Where a matter is referred, restorative justice providers, contracted by the Ministry of Justice, must provide the
court with a report on the outcome of the process or advise if the process did not proceed.
A victim may request to meet with the offender to resolve issues relating to the offence. A member of court staff, a Police
employee, or a probation officer, if satisfied that the necessary resources are available, must refer the request to a suitable
person who is available to arrange and facilitate a meeting.
Making victim's details available
Police must complete the CSV1 form so that the victim’s details are available to the Court Victim Advisor. This wil enable the
restorative justice provider to contact and consult with the victim as to whether or not restorative justice is a likely option.
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Ways of giving evidence
Giving evidence in alternative ways
Victims may be entitled to give their evidence in these alternative ways:
in the courtroom but where the witness is unable to see the defendant (or some other specified person)
from outside the courtroom in New Zealand or elsewhere, or
by video record made before the hearing.
The grounds on which a direction to give evidence in an alternative way may be made include age, psychiatric impairment and
fear of intimidation (s
103 Evidence Act 2006). A judge's direction may be made on an application or on the judge's own
initiative.
Child complainant (victim under 18)
In criminal proceedings involving a child complainant (under 18 years when the charge is laid) the prosecution
must apply to
the court for directions about the way in which the complainant is to give evidence.
Making applications for directions
Applications for directions about the way of giving evidence must be made as early as practicable before the case is tried, or at
any later time permitted by the court. Fol ow these procedures.
Step Action
1
The O/C case provides the information (relevant grounds) relied on to make the application by way of a report to the
prosecutor (POL 258 report). Include the views of the witness or victim on alternative ways of giving evidence.
Also include the victim’s current address and accurate contact details (phone/email) on the POL 258, to help guide
decisions about bail and speed up contact for the
s.29 Inform Process.
2
Prosecutors:
ask the victim for their views on giving evidence in court in the ordinary way or in an alternative way
complete applications for alternative ways of giving evidence based on the grounds provided by the O/C case.
Note: The judge decides which way evidence is to be given. Do not give the victim the impression that they can choose
the way their evidence is given or that the judge wil definitely al ow evidence to be given in the victim's preferred
manner.
3
If the complainant is a child (i.e. under 18 years) when the hearing commences:
Submit the ‘Informant’s memorandum in support of application for directions on way for a child complainant to give
evidence’ (POL 2020 ‘Application to give evidence in an alternative way’).
4
For adults, if there are adequate grounds to support an application, complete an ‘Application to give evidence in an
alternative way’ (POL 2020)
5
Before giving any directions about the way the complainant is to give evidence, the judge:
must give each party an opportunity to be heard in chambers
may cal for a report on the effect on the complainant of giving evidence in the ordinary way or any alternative way.
(ss
104 &
107 Evidence Act 2006)
Note: If a video record of witness evidence is to be shown, the judge must give directions about the manner in which
cross-examination and re-examination of the witness wil be made.
(s
105 Evidence Act 2006)
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Video record evidence
Refer to the:
Investigative interviewing witness guide for procedures for visual y recording interviews with adults and information about
the storage, transcription and court processes after visual y recording evidence.
Specialist child witness interview guide for information about recording the evidence of children.
FVVVS for victim video on scene.
Further information
For further information about supporting witnesses/victims in court, see ‘Looking after witnesses’ in the Criminal procedure -
Trial stage Police Manual chapter.
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Returning victims property
Procedure for returning victims property
A victim's property or that of another person (other than the offender) held as evidence must, to the extent possible, be
returned to the person as soon as practicable after it is no longer needed (s
51) unless the victim does not want it.
Fol ow these procedures when returning property.
Step Action
1
Return al property belonging to victims as soon as possible after it is no longer needed. This is a legal requirement.
Sensitivity in the return of property can be very important to victims. Items of clothing may be damaged during trace
evidence examination (e.g. for forensic analysis, segments might be cut from the crotch area of trousers) and this should
be discussed with the victim before returning the property.
2
Do not keep property belonging to a victim that has no evidential value or where photographing wil retain the evidential
value (e.g. property bearing an offender’s fingerprints may be photographed and returned to the owner).
3
If property is held to be produced as an exhibit, hold it until after the conclusion of the case
and until any appeal time limit
(general y one month) has expired.
Advise victims of the need to have an insurance assessor view the property early, and cooperate to make this possible.
4
If ownership of property is in dispute, retain the property until the court determines the rightful ownership or possession.
This may be at the conclusion of the prosecution, or pursuant to section
154 Search and Surveil ance Act 2012.
5
Do not assume victims or their families wil not want damaged or bloodstained property returned. Ask them.
6
Where possible, avoid returning items in label ed Police exhibit bags. Other bags or boxes might be more appropriate.
Give special consideration to how property of a deceased victim is returned.
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Requirement to refer victims via the s.29 Inform App
Prosecutors or any officer acting in a prosecutorial role are required to notify victims when the fol owing three conditions apply:
there is a bail application hearing outcome; and
Section 29 of the Victims’ Rights Act applies; and
Police have opposed bail.
As shown below, during business hours (1000-1730) notification to victims should be undertaken by the PPS Victim Advisors
team. The s.29 Inform App is to be used to notify the Victim Advisors team. When outside of business hours, prosecutors must
inform the victim(s) directly of bail application hearing outcome.
Checklist for prosecutor (Hearings involving victims)
Check these actions are completed in relation to hearings involving victims.
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Step Action
1a
IF there is no VIS on file, the prosecutor is to task the O/C with obtaining one. Be sure to inform them of the date of the
next court appearance - when it is needed for.
1b
Notify the supervisor by email to highlight the important nature of the task and the impact on sentencing if it is not there.
1c
When several cases appear where no VIS has been placed on file, the DPM is to col ate this information and bring it to
attention of the Area Commander.
2
Task the O/C to check if the VIS needs updating before each of the key stages in the court process. Ensure the VIS is
signed.
3
Ascertain the victim’s views on:
whether part of the VIS should be withheld from the offender to protect the victim’s physical safety or security
any other direction or condition the court should place on the disclosure and distribution of the statement.
4
Submit copies of the VIS to the judge, defence counsel and court. See When is the statement distributed? and Offender
access to victim impact statements sections in this chapter.
5
If necessary, seek the victim’s agreement to release a copy of the VIS to the offender to keep.
6
If video recorded evidence was used during the proceedings, ensure that the lawyers who were given copies of the
video return it to Police as soon as practicable after the case has finished.
7
Advise the OC of the final outcome of the case. It is the role of the OC to contact the victim.
8
If the offending fal s under s29 and results in imprisonment/home detention/the defendant being sent to a secure health
facility or where the defendant is a foreign national, tel victim about the victims notification register if not already done.
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Victims’ claims trust account
The
Prisoners’ and Victims’ Claims Act 2005 outlines how victims can make claims against any compensation that has been
awarded to offenders while in custody. The money awarded to the offender wil be held in trust for six months for any victims of
that offender (who have been a victim in the six year period leading up the offender's compensation payout) to make a claim
against.
The Ministry of Justice manages the victims’ claims trust account and applications from victims for claims. A Victims Special
Claims Tribunal considers the information on the application. The victim's claims might relate to injury, loss, damage or harm
and compensation sought.
More information is available on the
Ministry of Justice website including the details of those offenders who have been
awarded compensation, or contact a Court Victim Advisor, Court Services for Victims, for more information about the claims
trust.
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Victims (Police service to victims)
Victim services available from the Ministry of Justice
Victim Advisor, Court Services for Victims
The Victim Advisor, Court Services for Victims is better known by Police as the 'Court Victim Advisor'.
There are about 50 Court Victim Advisors working in District and Youth Courts throughout New Zealand. (See the CSV 1 email
address list to contact your local Victim Advisor). Victim Advisors also support victims going through the Higher Courts.
Currently the Victim Advisor role does not extend to the Family Court or to the Coroner’s Court.
Services provided by the Court Victims Advisors
Court Victim Advisors explain to the victim:
how the court system works
their rights and where they can get support.
For defended cases, the Court Victim Advisor can:
meet with the victim and show them through the court
consider the safety and comfort of the victim
provide them with a room to sit in, so they are not intimidated by people in the foyer and court room.
For family violence matters, the Court Victim Advisor can:
fast-track the case as the victim often gets pressured by their partner to drop the case
immediately access information from the court and advise the victim what has happened, such as whether the defendant
has been remanded in custody or what the bail conditions are.
The Court Victim Advisor can provide the victim with these resources:
a booklet about the Victims’ Rights Act
a brochure on court services
for a child witness, colouring books and video resources about the court system.
Arranging support from a Court Victims Advisor
To ensure victims receive support from the Court Victim Advisor, Police
must complete the Court Services for Victims Referral
form (CSV1 – in Word>Police Forms> Victims). Police must ensure the CSV1 form and a Summary of Facts is provided to the
Court Victim Advisor on, or before, the day of the defendant’s first court appearance. (Fol ow the procedures in Procedures
after an arrest (step 3) in this chapter).
It is vital to ensure the information provided in the CSV1 is accurate. This is because the judge may request information from
the Court Victim Advisor about the victim/s, or direct the Court Victim Advisor to contact the victims for specific information.
The form provides the Court Victim Advisor with the information they need to contact the victim and discuss the situation with
them.
Website for people affected by crime
The Ministry of Justice has worked with a range of government and community agencies to develop
a website which provides
information and resources for people affected by crime including:
Victims Code
Support for victims
Protection for victims
Legal information
Compensation and reparation information.
Police should access this site to be familiar with its content and should inform victims of crime about it.
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Victims of crime information line
The ‘victims of crime’ information line is a central contact point for information for victims and people affected by crime.
The freephone service (
0800 650 654) provides victims with information about their rights and services to help them. It does
not provide counsel ing or support services but wil connect cal ers with other services where appropriate. The line operates 7
days a week from 9:00 am to 11:00 pm.
Ministry of Justice publications
A number of publications containing helpful information for victims are available on the Ministry of Justic
e Victims Information
website and are suitable for display in the public areas of Police stations. The website details how these publications can be
ordered.
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Victims (Police service to victims)
Victim Support (NZ Council of Victim Support Groups)
NZ Council of Victim Support Groups
The New Zealand Council of Victim Support Groups (Victim Support) was established as an incorporated society in 1990.
Victims Support's vision is that "Victims of crime and trauma are in control of restoring their lives" and their two primary
objectives are to:
provide information, support and assistance to individual victims, witnesses, their families and friends
raise public awareness and recognition of the effects of crime and promote victim's rights.
Victim Support provides 24-hour emotional support, personal advocacy and information to al people affected by crime and
trauma throughout New Zealand. By striving to meet these objectives Victim Support aims to provide a comprehensive, flexible
service to reduce the effects of crime and trauma.
Victim Support has a workforce of about 645 volunteers and 131 paid staff based in 62 locations around New Zealand. Al
Victim Support front-line workers are based in police stations and are supported by Victim Support district managers and a
National Office based at Police National Headquarters in Wel ington.
Role of Victim Support workers
Victim Support workers provide:
emotional and practical support as the victim deals with, and makes decisions during the aftermath of a crime or sudden
death, especial y during the crisis that immediately fol ows such incidents
emotional and practical support and advocacy for victims during a criminal investigation and during al parts of criminal
proceedings, including support with completing VIS and support before, during and after court, parole, restorative justice,
family group conference and Coronial hearings
information about criminal proceedings, what to expect, specific information about an investigation if appropriate, and
information about, and referral to, other support services and agencies in the community
financial assistance to families of homicide victims, victims of sexual violence, and other victims affected by serious
crime (see
Victim assistance scheme)
liaison with other agencies and organisations involved with the victim and advocacy for the victim’s rights and
entitlements under the Victims’ Rights Act 2002
specialist support in the case of homicides.
Victim Support Memorandum of Understanding
The New Zealand Police has a
Memorandum of Understanding with the New Zealand Council of Victim Support Groups
outlining:
the relationship, roles and responsibilities between the parties
safety requirements for Victim Support personnel
the
referral criteria for Victim Support
training
sharing information and confidentiality requirements
communication and media strategies
performance reporting
issue or dispute resolution
costs.
Police referrals to Victim Support
Police must consider and discuss a Victim Support referral with al victims or co-victims of crime, trauma, crash or sudden
death who need crisis, emotional or practical support, regardless of the nature of the incident or offence type.
Police must always consider a referral to Victim Support when:
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Victims (Police service to victims)
the incident is serious (a serious crime, fatal or serious injury crash, completed suicide or other sudden traumatic event)
including violence offences with a seriousness greater than common assault, and dishonesty offences of a serious
magnitude,
or
the victim(s) are significantly affected by the incident,
or
the victim(s) are likely to be involved with the justice system (Police/court etc) for an extended period.
Police must not cal Victim Support workers to incidents involving attempted suicide.
Al referrals should be completed in line with the provisions of the Privacy Act 2020.
Timing of referrals
Police must make any referral immediately when the victim is significantly affected by the incident.
Police must ensure that referrals to Victim Support are made at the earliest possible opportunity, even when a non-urgent
response is appropriate. This wil ensure that Victim Support can make an appropriate response to victims without any
unnecessary delay that would further compound victim distress or needs.
Making the referral
Police must use Victim Support's
24/7 contact service phone number to make referrals for immediate response. For victims
who need a non-urgent response, use either the contact service phone number or email an electronic referral to the local
Victim Support office.
Police must ensure that at the time of referral appropriate information is provided about the victim(s) and their needs to al ow
Victim Support to make an appropriate, safe and timely response.
Family or sexual violence
In cases of family or sexual violence the normal referral must be to a specialist agency to provide crisis or ongoing support for
victims. However, where no specialist agency is available, Police must make referrals to Victim Support. Police and Victim
Support wil work with specialist agencies to clarify local responses and triage/referral processes for victims of sexual or family
violence. See the Police
Family Harm Policy and Procedures for the procedures for responding to and investigating family
harm episodes.
Sharing information
Information disclosed to Victim Support must be disclosed in compliance with any relevant legislation and the Privacy Act 2020
(including any codes issued under that Act) as applicable.
Only sufficient information to achieve the respective agency's purpose should be requested or disclosed by one party to the
other.
Other agencies supporting victims
Victim Support is the preferred agency of choice for Police to contact.
However, there are other agencies that victims can access. It is essential Police refer victims to the most appropriate agency.
These include:
Women’s Refuge
Shine
Alcoholics Anonymous
Relationship Services
Samaritans
Salvation Army.
Only one support agency should be provided information on victims of crime. (Victim Advisors for Court Services to Victims
have an exemption under the Privacy Act 2020).
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Victims (Police service to victims)
Subsequent disclosures should be made only with the victim's consent.
Victim assistance scheme
The victim assistance scheme is a Government scheme, funded by the offender levy which is applied to every sentence.
Applications are made through Victim Support.
The scheme provides:
victims of serious crimes with financial help to cover some of the expenses to attend court, such as costs of travel,
accommodation and childcare. Victims are eligible for assistance if they are travel ing outside their immediate home area,
even if they are not participating directly in the trial (such as giving evidence) but wish to observe proceedings
trauma counsel ing for families of homicide victims
help with emergency needs to support healing and/or increase the safety of victims of serious crime who are
economical y disadvantaged
assistance to meet costs associated with a serious crime scene, including professional cleaning of a house or vehicle, or
emergency accommodation.
Victim Support website
http://www.victimsupport.org.nz/ provides information on victim services, how victims can access funding and other helpful
resource information for victims.
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Victims (Police service to victims)
Victim Support Contact Centre
What is the Victim Support Contact Centre
The Victim Support Contact Centre (contact centre) provides a single point of contact for al requests of Victim Support. It is
based on Level 5 at the Police National Headquarters (PNHQ).
This contact centre aims at:
handling al incoming telephone requests (24 hours, everyday) from Police for Victim Support attendance at an incident
from:
an incident from the field
a station or Police Comms
improving communications with Police and Victim Support
improving the despatch of a support worker(s) with an effective safety plan in place.
Contacting the Victim Support Contact Centre
Police should contact the contact centre for al immediate referrals for a cal out response to support victims. You can do this
by phone from the field, Police Communication centre (Police Comms), the station and also directly to a Service Coordinator
on site.
Note: The tol free 0800 VICTIM or 0800 842 846 number should only be used by employees when cal ing from a non-Police
phone.
The contact centre should also be used to make referrals for a non-urgent response by telephone or sending a non-urgent
referral form (VIC 101) found in Police forms under “Victim”.
If...
then...
telephoning from a non-Police phone
dial 0800 VICTIM or 0800 842 846
telephoning from a Police iPhone
dial (04) 470 4879
telephoning from Police Comms
dial extension 41179.
telephoning from the station
dial extension 41179 or direct dial (04) 470 4879.
speaking directly to the service coordinator on the service coordinator wil organise a support worker to contact or attend to
site
the victim.
The cal out telephone number (in the table above) wil put you in direct contact with a Victim Support service worker (service
worker) who wil :
ask a series of questions to take down as much information as possible about the incident and the victim(s), then
al ocate an appropriate support worker(s).
Telephone systems failure
If the cal out telephone system fails, you must fol ow
either one of these options:
send an
urgent email to this contact service email address:
[email address] or
telephone the contact centre on mobile phone 027 227 5424, or
contact the nearest station. If the Victim Support office is staffed at the time of the cal , the cal taker must pass the
information directly to them.
During any of the above options you must give as much detail as necessary and reasonable about the incident to enable
Victim Support to respond and provide the officer in charge (O/Cs) mobile number to the cal receiver. A support worker wil be
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in touch as soon as possible.
Printed on : 09/08/2021
Printed from :
https://tenone.police.govt.nz/pi/victims-police-service-victims
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Document Outline
