Victim Impact Statements (ACT)

A Victim Impact Statement (VIS) is a statement made for the court by a person who has been impacted by a crime. It details how the crime has affected them and is used to assist the court when deciding what sentence to impose. This page deals with Victim Impact Statements in the ACT.

Victim Impact Statements serve as a crucial bridge between the harm caused by criminal offences and the judicial response through sentencing. In the Australian Capital Territory, these statements provide victims and their families with an opportunity to have their voice heard in the criminal justice process, ensuring that the human cost of crime is acknowledged and considered during sentencing proceedings.

Who is a victim?

A victim of an offence includes the primary victim, that is, a person who suffers harm because of the offence, and secondary victims. Secondary victims are persons who were financially or psychologically dependent on a primary victim who died as a result of an offence.

Primary victims

Primary victims are those who directly suffer physical, psychological, or emotional harm as a result of a criminal offence. This includes individuals who have been physically assaulted, victims of theft, fraud, or any other crime where they have directly experienced harm. The harm can be immediate or develop over time following the incident.

Secondary victims

Secondary victims encompass family members, dependents, and close relatives who suffer as a consequence of harm inflicted on the primary victim. This category is particularly relevant in cases involving serious injury or death, where the ripple effects of the crime extend beyond the immediate victim to affect their loved ones and dependents.

Who may make a Victim Impact Statement?

Under section 49 of the Crimes (Sentencing) Act 2005, a VIS may be made by any of the following persons:

• a victim
• a parent of a victim
• a close family member of a victim
• a carer for a victim
• a person in an intimate personal relationship with a victim

Eligibility requirements

The legislation recognises that the impact of crime extends beyond the immediate victim. Parents, siblings, spouses, de facto partners, and other close family members may all be eligible to provide a victim impact statement. Additionally, formal or informal carers who have been affected by the crime's impact on the victim they care for may also prepare statements.

It's important to note that multiple people may provide victim impact statements for a single case, allowing the court to understand the full scope of the crime's impact on the victim's support network and community.

How VIS is given and received

A Victim Impact Statement may be made orally or in writing. If a victim wishes to read their VIS out loud in court, they must be allowed to do so. The court must consider the contents of the VIS and must not draw any inferences about the effects of a crime on a victim from the fact that they do not give a VIS.

A VIS must not include any content that is offensive, threatening or intimidating. However, it may include pictures and other images.

Victim Impact Statements often include references to matters that are not directly relevant to the offence or to the sentencing exercise. A court will generally not take issue with a VIS that does this as it will be mindful of not causing further distress to the victim. However, material in a VIS that is not directly relevant will not be taken into account at sentencing.

Written statements

Written victim impact statements allow victims time to carefully consider and articulate their experiences. These statements become part of the court record and can include detailed descriptions of physical injuries, emotional trauma, financial losses, and ongoing effects of the crime. Written statements may incorporate supporting documentation such as medical reports or photographs.

Oral presentations

Victims who choose to read their statements aloud in court have the right to do so, providing a powerful and personal element to the sentencing process. Courts accommodate these presentations and may provide support measures such as screens or remote testimony facilities to help victims feel more comfortable when delivering their statements.

Victims of crime and legislation

ACT legislation specifies how the impact of a crime on victims is to be taken into account at sentencing.

Under section 7 of the Crimes (Sentencing) Act 2005, one of the purposes for which a sentence may be imposed is in recognition of the harm done to the victim and to the broader community. If a court is considering imposing an Intensive Correction order or an Alcohol or Drug Treatment Order, it must specifically consider the offence's impact on victims.

Courts may also make orders that reparations be paid by offenders to victims where a person has suffered a direct loss or expense from a crime.

Legislative framework

The Crimes (Sentencing) Act 2005 (ACT) provides the primary legislative framework governing victim impact statements in the ACT. This legislation works in conjunction with the Victims of Crime Act 1994 (ACT) to ensure victims' rights are protected and their voices are heard throughout the criminal justice process.

Sentencing considerations

Under section 33 of the Crimes (Sentencing) Act 2005 set out the matters that are relevant when a court is considering what sentence to impose. These include:

• the circumstances of the victim/s if they were known to the offender
• the effect of the offence on the victims of the offence, the victims' families and anyone else who may make a victim impact statement
• if the victim was pregnant, whether the offender knew that they were pregnant and whether they intended (or were reckless as to) harm to the child

If the court is considering extended the sentencing discount to the accused, it must consider whether it is appropriate to do so in light of the effect of the offence on victims.

Judicial discretion

While courts must consider victim impact statements, they maintain discretion in determining what weight to give to different aspects of the statement. The court balances the victim's experience against other sentencing principles, including proportionality, deterrence, and rehabilitation of the offender.

Preparing a Victim Impact Statement

Creating an effective victim impact statement requires careful consideration of what information to include and how to present it. Victims should focus on the genuine effects of the crime while avoiding content that could be seen as inflammatory or irrelevant to the sentencing process.

What to include

Effective victim impact statements typically include details about physical injuries and ongoing medical treatment, emotional and psychological effects such as anxiety or depression, financial losses including medical expenses and lost wages, changes to