sec.319SWhat is a victim claim

### sec.319S What is a victim claim A person has a claim (a victim claim ) against someone else (the relevant person ) if the person has a cause of action against the relevant person for an injury to the person caused by the conduct of the relevant person that, on the balance of probabilities, constitutes an offence. Subsection (1) applies— whether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and even if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 . In this section— injury includes fatal injury. See the Succession Act 1981 , section 66 (Survival of actions). s 319S ins 2008 No. 53 s 4 amd 2016 No. 5 s 923 sch 4 (sec.319S-ssec.1) A person has a claim (a victim claim ) against someone else (the relevant person ) if the person has a cause of action against the relevant person for an injury to the person caused by the conduct of the relevant person that, on the balance of probabilities, constitutes an offence. (sec.319S-ssec.2) Subsection (1) applies— whether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and even if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 . (sec.319S-ssec.3) In this section— injury includes fatal injury. See the Succession Act 1981 , section 66 (Survival of actions). - (a) whether or not the relevant person is prosecuted for, or convicted of, an offence in relation to the conduct; and - (b) even if the relevant person is found to have been suffering from unsoundness of mind in relation to the conduct, or unfit for trial, under the Mental Health Act 2016 , chapter 5 , part 3 .