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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER V-5

AN ACT RESPECTING SERVICES FOR VICTIMS OF CRIME

Analysis

1. Short title

2. Definition

PART I
STATEMENT OF
PRINCIPLES

3. Declaration of principles

4. Victims

5. Access to services

6. Safety of victims

7. Information

8. Alternative resolutions

9. Obligation of victim

10. Training for personnel

PART II
GENERAL

11. Victims of Crime Services Division

12. Federal victim fine surcharge

13. Application

14. Regulations


Short title

1. This Act may be cited as the Victims of Crime Services Act.

1988 c56 s1

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Definition

2. In this Act "victim" means a person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, because of acts that are in violation of criminal laws.

1988 c56 s2

PART I
STATEMENT OF PRINCIPLES

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Declaration of principles

3. (1) Victims should be treated with courtesy, compassion and with respect for their dignity and privacy.

(2) Victims should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.

(3) Victims should receive prompt and fair redress for the harm which they have suffered.

1988 c56 s3

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Victims

4. (1) The hardships created by an offence against the laws of society should be shared by society as a whole, and victims should be helped in addressing their particular needs and concerns.

(2) When a person breaks the law that person shows a disregard for those who may be harmed and that person owes a debt to society generally and to victims, whether or not the offence has affected a specific, identified victim.

1988 c56 s4

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Access to services

5. It is recognized that victims, their dependants, guardians and spouses should have access to social, legal, medical and mental health services that respond to their needs.

1988 c56 s5

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Safety of victims

6. Where necessary, measures should be taken to ensure the safety of victims, their dependants, guardians and spouses and to protect them from intimidation and retaliation.

1988 c56 s6

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Information

7. (1) Information about services, remedies and the mechanisms to obtain remedies should be made available to victims.

(2) Information should be made available to a victim about

(a) the scope, nature, timing, and progress of the prosecution of the offence in which he or she was the victim;

(b) the role of the victim and of other persons involved in the prosecution of the offence;

(c) court procedures; and

(d) crime prevention.

1988 c56 s7

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Alternative resolutions

8. (1) Where appropriate, victims should be encouraged to participate in mediation, conciliation and informal reconciliation procedures to resolve disputes and determine financial or other redress.

(2) Where stolen property is recovered, it should be returned to the victim as soon as possible.

(3) Before making decisions in a matter that is before them, law enforcement personnel, prosecutors and judges should consider the particular needs and concerns of the victim, including

(a) the need to receive fair restitution for the offence; and

(b) the need for prompt disposition of prosecutions and prompt execution of judgments, orders and decisions granting restitution, compensation or other redress.

1988 c56 s8

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Obligation of victim

9. (1) Victims should report crimes and co-operate with law enforcement authorities.

(2) The views and concerns of victims should be ascertained and appropriate help should be provided to them throughout the criminal process.

1988 c56 s9

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Training for personnel

10. Enhanced training should be made available to criminal justice personnel about the needs and concerns of victims.

1988 c56 s10

PART II
GENERAL

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Victims of Crime Services Division

11. (1) The division known as the Victims of Crime Services Division is continued.

(2) The Victims of Crime Services Division shall form part of the Department of Justice or other department that may be designated by the Lieutenant-Governor in Council.

1988 c56 s11

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Federal victim fine surcharge

12. Proceeds resulting from a victim fine surcharge imposed under section 727.9 of the Criminal Code (Canada) shall be used for the purposes of this Act.

1988 c56 s12

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Application

13. This Act does not create a civil cause of action, right to damages or a right of appeal on behalf of a person.

1988 c56 s13

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Regulations

14. The Lieutenant-Governor in Council may make regulations

(a) prescribing anything required by this Act to be prescribed;

(b) prescribing how a victim fine surcharge imposed under federal legislation shall be used;

(c) prescribing guidelines for the training of criminal justice personnel in connection with the needs and concerns of victims; and

(d) generally, to give effect to the purpose of this Act.

1988 c56 s14

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