Victims of Crime Act - gov.pe.ca

1 PLEASE NOTE. This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen's Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts. If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292. E-mail: CHAPTER Victims OF Crime ACT. 1. (1) In this Act Definitions (a) Committee means the Victim Services Advisory Committee Committee established under section 3.

2 (b) conviction includes a reprimand, conditional discharge, conviction absolute discharge, and in relation to a young offender includes a finding of guilt;. (c) Department means the Department of Justice and Public Department Safety;. (d) enactment means the Criminal Code (Canada) or other Federal enactment statutes or Acts of the Legislature of Prince Edward Island;. (e) fine includes any penalty payable in money; fine (f) Fund means the Victim Assistance Fund established under Fund section 8;. (g) Minister means the Minister of Justice and Public Safety and Minister Attorney General;. (h) surcharge means the surcharge imposed pursuant to section 9 surcharge on conviction under an enactment;. (i) victim means a person who has suffered harm, including victim physical or mental injury, emotional suffering or economic loss, by reason of acts which are in violation of criminal laws.

3 (2) The Minister is responsible for the administration of this Act and Administration may designate officers to act on his behalf. 1988, , ; 1993, , ;. 1993, , ; 1995, , ; 1997, , ; 2000, , ;. 2010, , ; 2010, , ; 2012, , ; 2015, , PART I. STATEMENT OF PRINCIPLES. 2. The following principles are adopted for the guidance of persons in Declaration providing justice for Victims of Crime : (a) Victims should be treated with courtesy and compassion and with treatment of Victims respect for their dignity, privacy and convenience;. 1. 2 Cap. Victims of Crime Act (b) Victims should receive prompt and fair financial redress for the redress harm that they have suffered;. access to services and assistance (c) Victims should be informed of and should have access to services including social, medical, legal and mental health assistance.

4 Information about (d) Victims should be informed about the progress of the court procedures, investigation and prosecution of the offence, court procedures, the etc. role of the victim in court proceedings and the ultimate disposition of the proceedings;. victim concerns (e) Victims are entitled, where their personal interests are affected, to have their views and concerns brought to the attention of the court where consistent with criminal law and procedure;. safety (f) Victims and their families should be protected from intimidation, retaliation and harassment;. property (g) Victims should have their stolen property returned to them as soon as possible after recovery by law enforcement authorities victim impact (h) Victims are entitled to prepare a victim impact statement and statement have it considered by the court at sentencing.

5 Information on (i) Victims are entitled to be informed about the offender's status, offender status, etc. including release dates, parole eligibility, and probation terms. 1988, , ; 1999, , PART II. VICTIM SERVICES. Advisory 3. There is established a committee to be known as the Victim Services Committee Advisory Committee. 1988, , Functions 4. (1) The Committee shall (a) review existing laws, policies and procedures and recommend changes to benefit Victims ;. (b) assist law enforcement agencies, social agencies and other organizations with the development of guidelines that promote the principles set out in this Act relating to their role in respect of Victims ;. (c) assist with establishing and updating procedures for the handling of complaints by Victims .

6 (d) assist with the research, development and distribution of information pertaining to the needs, rights and concerns of Victims ;. (e) provide opportunities for research, discussion, and resolution of issues of concern to Victims ; and 2. Victims of Crime Act Cap. 3. (f) advise on other matters that the Minister may refer to the Committee for consideration. Principles (2) In the performance of its functions the Committee shall be guided by and shall promote the principles set out in section 2. (3) The Committee may make recommendations to the Minister Recommendations relating to (a) the development of policies and legislation respecting assistance to Victims ;. (b) the provision of services, including criminal injuries compensation, to Victims ; and (c) any other matters that the Minister refers to the Committee for its recommendation.

7 1988, , ; 1999, , 5. The Committee shall make an annual report to the Minister on the Annual report to activities of the Committee. 1999, , Minister 6. (1) The Committee shall consist of not less than nine and not more Membership than fifteen members appointed by the Minister. (2) The Committee shall include representatives of Crown attorneys, Representation court clerks, probation services, law enforcement agencies, the Law Society of Prince Edward Island, community organizations and the general public. (3) Committee members shall not receive remuneration for their Remuneration services but may receive reimbursement from the Fund of reasonable expenses incurred on behalf of the Committee. (4) The Minister shall provide executive, secretarial, and any other Assistance to the assistance the Minister considers necessary to enable the Committee to Committee carry out its functions.

8 (5) Each member shall be appointed to the Committee for a term of not Term of more than three years and may be reappointed for a second term. membership 1988, , ; 1993, , ; 1993, , ; 1999, , 7. The Minister shall establish and administer a program to be known as Victim Services Victim Services, the purposes of which are (a) to assist Victims as needed throughout their contacts with the criminal justice system;. (b) to help Victims to access other needed services;. (c) to receive applications for criminal injuries compensation and investigate claims on behalf of the Minister;. (d) to assist with the preparation and filing of victim impact statements;. 3. 4 Cap. Victims of Crime Act (e) to assist justice personnel and community agencies in providing services to Victims .

9 (f) to promote the Statement of Principles set out in section 2. 1999, , PART III. VICTIM ASSISTANCE FUND. Establishment of 8. There is hereby established a fund to be known as the Victim Fund Assistance Fund comprising money collected or received under section 9. or 10. 1988, , Application of 9. (1) Where a person is convicted of an offence under an enactment, a surcharge surcharge shall be conclusively deemed to have been imposed against the person and shall be collected in the same manner as a fine, and where a fine has been imposed, the surcharge shall be collected before the fine. Amount of (2) The surcharge imposed under subsection (1) shall be such amount surcharge or such proportion of the fine as is prescribed by order of the Lieutenant Governor in Council.

10 No default for (3) A surcharge shall not be disposed of or satisfied by participation in surcharge a fine option program or by way of imprisonment in default of payment. 1988, , ; 1999, , Other sources 10. (1) Money from any person or source designated for use by the Fund shall be credited to the Fund and money received that is subject to conditions shall be disbursed pursuant to those conditions. Gifts to the Crown (2) Donations designated for use by the Fund are gifts to the Crown and receipts shall be issued accordingly. 1988, , ; 1999, , Use of Fund 11. The Minister, or a person designated by the Minister, may authorize expenditures from the Fund for (a) salaries, expenses and other costs associated with Victim Services;. (b) awards to eligible Victims through a criminal injuries compensation program.