Is a Victim Impact Statement public?

You are not entitled to read your statement aloud in court. The judge may refer to, or make public, as part of their sentencing comments, part(s) of the VPS. This means it could be read out in court and reported in the media.

Are victim impact statements admissible in court?

Your Victim Impact Statement must be admissible (allowed by the court rules) to be read aloud in court. If there is a concern that some parts of your statement will not be admissible, the prosecution team may ask to discuss it with you before the hearing.

Is a Victim Impact Statement evidence?

the content of the victim impact statement is the only evidence of harm.

Who Cannot make a victim impact statement?

a family member of a victim who has died, is ill or is incapacitated because of the crime; a victim who is less than 14 years of age or their parent or guardian; a family member on behalf of a victim who has a mental disorder and who does not have the capacity to make a statement themselves.

Can I withdraw my victim statement?

If you’re a victim or prosecution witness, you can ask the Crown Prosecution Service ( CPS ) to see your statement again before you go to court to refresh your memory. You can add things to your statement if you remember them later on, but you cannot withdraw it.

What should not be included in the victim impact statement?

Do not include information that identifies your physical address, phone number, place of employment, or email address. The defendant will have access to your letter or the statement you read in court and could use the information to contact you in the future.

What makes a good Victim Impact Statement?

Typically, a victim impact statement will contain the following: The physical, financial, psychological, and emotional impact of the crime. The harm done to family relationships by the crime, such as the loss of a parent or caregiver. The victim’s opinion of an appropriate sentence for the offender.

What rights does a victim have?

The Charter of Victims Rights outlines 18 rights for victims of crime in NSW including their rights to:

• be treated with courtesy, compassion and respect.
• information about, and access to, welfare, health, counselling and legal services, where available.
• information about the investigation and prosecution of the offender.

What is not included in the victim impact statement?

Your impact statement cannot be used to: ask for financial help. talk about other crimes. make statements about the offender(s) or the crime which are not related to your suffering.

Who takes a victim impact statement?

Victim Personal Statements are usually taken by the police, but the Victims’ Code also allows for the VPS to be taken by “an organisation offering victim support services or another service provider” if arranged by the police.

What happens if you retract a statement?

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.

What are the rights of the accused and victims?

The Rights of the Accused and Victims

• the right to silence.
• the privilege against self-incrimination.
• the opportunity to see and question evidence that is brought against them.
• the opportunity to appeal a decision of a court under certain circumstances.