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.