Rights of victims who are sexual case complainants

Provisions relating to rights of victims who are sexual case complainants

28ASections 28BA and 28D applies apply only to individual victims who are sexual case complainants

Sections 28BA and 28D applies apply only to an individual victim who is a sexual case complainant (the victim).

28BAVictim’s preferences on presenting victim impact statement

If a victim impact statement of the victim as a sexual case complainant is to be, or has been, submitted under section 21(1), the prosecutor must make all reasonable efforts to ensure that

(a)

the victim is informed about the ways in which the victim impact statement may, with the agreement of the judicial officer sentencing the offender, be read to the court, or presented to the court in some other manner, under sections 22 and 22A; and

(b)

any preferences the victim has on that matter are ascertained and taken into account in the operation of those sections.

28DCourt may be cleared when victim impact statement read or otherwise presented to court

A court may, on an application made for the purpose by the prosecutor under section 199AA of the Criminal Procedure Act 2011, make an order under that section that the courtroom be cleared while the victim’s victim impact statement is read or otherwise presented to the court.

Author: betterblokesnz