VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 178 Particular persons may apply for assistance

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 178

178 Particular persons may apply for assistance

(1) This section applies if, at the commencement—

(a) an adult who could have made an application under section 33(1)(a), (b)(i) or (c) of the repealed Act in relation to a personal offence is out of time; but

(b) 3 years after the relevant event has not passed.

(2) For subsection (1)(a), an adult is
"out of time" for making an application under section 33(1)(a), (b)(i) or (c) of the repealed Act if—

(a) the period within which the adult could have made the application, if this chapter had not commenced, has expired; and

(b) the adult has not made the application within that period.

(3) The adult can not apply for an order under section 41 of the repealed Act.

(4) However, the adult may apply for assistance under section 160 as if the adult were a person mentioned in section 159.

(5) In this section—


"relevant event" , in relation to an adult mentioned in subsection (1)(a), means—

(a) if the adult could have made the application under section 33(1)(a) of the repealed Act—the end of the trial for the personal offence; or

(b) if the adult could have made the application under section 33(1)(b)(i) of the repealed Act—the finding that the person who committed the act or omission constituting the personal offence was suffering from unsoundness of mind when doing the act or making the omission, or was not fit for trial, under the Mental Health Act 2000 , chapter 7 , part 6 ; or

(c) if the adult could have made the application under section 33(1)(c) of the repealed Act—the notification of the adult by the investigating police officer that the person who committed the personal offence can not be identified or found after appropriate inquiry and search.