Part 3Victims etc

Chapter 3Other matters relating to victims etc

Commissioner for Victims and Witnesses

52“Victims” and “witnesses”

1

This section applies for the purposes of sections 48 to 51.

2

Victim” means—

a

a victim of an offence, or

b

a victim of anti-social behaviour.

3

It is immaterial for the purposes of subsection (2)(a) that—

a

no complaint has been made about the offence;

b

no person has been charged with or convicted of the offence.

4

Witness” means a person (other than a defendant)—

a

who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;

b

who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or

c

who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).

5

The things referred to in subsection (4)(c) are—

a

anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;

b

anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;

c

anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.

6

For the purposes of subsection (4)—

a

a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;

b

a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.

7

In subsections (4) to (6) “relevant proceedings” means—

a

criminal proceedings;

b

proceedings of any other kind in respect of anti-social behaviour.

8

For the purposes of this section—

a

anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;

b

a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.