Victim Impact Statements (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.

A person who becomes the victim of a crime in New South Wales may write a Victim Impact Statement (VIS) setting out how the offence affected them. The VIS will then be handed up in court and taken into account when the court is considering the appropriate sentencing orders to make. This page deals with Victim Impact Statements in New South Wales.

Victim Impact Statements serve as a crucial component of the criminal justice process in NSW, providing victims with a voice in court proceedings and helping judges understand the full consequences of criminal acts. These statements are governed by the Crimes (Sentencing Procedure) Act 1999 and play an important role in ensuring that sentencing reflects the true impact of crime on individuals and communities.

What is a Victim Impact Statement?

A Victim Impact Statement is a document prepared for the court detailing the impact of an offence on an individual. It gives victims of crime an opportunity to be heard, and it gives the court the opportunity to take into account the precise nature of the harm that an offence has caused to individual victims when deciding on sentencing orders.

Purpose and Legal Framework

The primary purpose of a VIS is to inform the court about the real-world consequences of criminal behaviour. Under NSW law, these statements help ensure that sentencing decisions consider not just the technical aspects of the crime, but also its human impact. The statement becomes part of the court record and may influence the severity of the sentence imposed.

Who Can Prepare a VIS

Victim Impact Statements can be prepared by various individuals affected by crime, including direct victims, witnesses to violence, and family members of deceased victims. The eligibility criteria are clearly defined in NSW legislation to ensure appropriate use of this important legal tool.

What may a VIS include?

A VIS may be made by a primary victim (the person against whom the offence was committed or a person who witnessed violence) or by a family victim (a family member of a person who died as the result of an offence or a family member of a pregnant woman who lost the fetus as a result of the offence).

A VIS by a primary victim may include details about any personal harm, emotional harm or distress, harm to relationships with other persons, and economic loss.

A VIS by a family victim may include details of the impact of the family member's death or the loss of the fetus on the family victim and other members of their immediate family.

Physical and Emotional Impact

Victims can describe both immediate and long-term physical injuries, ongoing medical treatment requirements, psychological trauma, anxiety, depression, and post-traumatic stress. These details help the court understand the lasting effects of the criminal act on the victim's wellbeing and quality of life.

Financial and Social Consequences

The statement may detail financial losses including medical expenses, lost wages, property damage, and ongoing therapy costs. Social impacts such as damaged relationships, loss of trust in others, changes in lifestyle, and impact on family dynamics can also be included to provide a comprehensive picture of the crime's effects.

What must a Victim Impact Statement not include?

A Victim Impact Statement must not contain opinions about the character of the offender, offensive language, or details of the crime itself. It should not include statements about medical conditions unless they are accompanied with evidence.

Prohibited Content

VIS cannot include recommendations for specific sentences, comments about the guilt or innocence of the accused, hearsay evidence, or inflammatory language designed to prejudice the court. The focus must remain on the impact of the crime rather than judgments about the offender or the criminal justice process.

Evidence Requirements

Any claims about ongoing medical or psychological conditions must be supported by appropriate professional evidence. Financial losses should be documented with receipts, pay slips, or other relevant documentation to ensure accuracy and credibility.

Reading of Victim Impact Statement

A VIS may be read out loud in court. The statement may be read by the victim or by their representative. A victim is entitled to have a support person with them in court when their victim impact statement is read out.

When a sexual assault matter is being dealt with, the VIS will be read in closed court unless the victim has consented to this occurring in open court. In any matter, a victim can apply to have their VIS read out in closed court or over closed circuit TV. A victim can request the court not disclose some or all of the content of the Victim Impact Statement to the offender.

Court Procedures and Support

Courts in NSW provide various accommodations to ensure victims feel safe and supported when presenting their statements. This includes the option for remote testimony, the presence of support persons, and special arrangements for vulnerable witnesses including children and victims of domestic violence.

Preparation and Submission Process

How to Prepare a VIS

Victims should focus on factual, personal accounts of how the crime has affected their lives. The statement should be written in the victim's own words and can be prepared with assistance from victim support services, legal representatives, or court support workers. Templates and guidance are available through the NSW Department of Communities and Justice.

Submission Deadlines and Requirements

Victim Impact Statements must be submitted to the court and prosecution before the sentencing hearing. Late submissions may be accepted at the court's discretion, but early preparation ensures the statement can be properly considered. The prosecution will typically assist with the submission process.

Legal Rights and Protections

Privacy and Confidentiality

NSW law provides various protections for VIS authors, including the right to request that certain information not be disclosed to the offender. Courts can make suppression orders to protect victim identity and personal information from publication or further disclosure.

Review and Appeal Processes

If a victim believes their VIS was not properly considered or if they wish to make corrections, they can seek advice from the prosecution or court registry. In some circumstances, additional information may be submitted before final sentencing.

Parole

When a person applies for parole, victims may provide their views and concerns about the person receiving parole to the State Parole Authority (SPA). Victims' submissions are taken into account when the SPA makes its decision and are kept confidential.

Ongoing Victim Participation

The NSW Victim Register allows victims to receive updates about the offender's custody status, parole hearings, and release dates. This ensures victims remain informed and can participate in relevant proceedings throughout the offender's sentence.

Frequently Asked Questions

Can I submit a Victim Impact Statement after sentencing?

Generally, Victim Impact Statements must be submitted before or during the sentencing hearing. However, victims can provide input during parole proceedings and may be able to submit additional information in exceptional circumstances with court approval.

What happens if the offender pleads not guilty?

Victim Impact Statements are only used during sentencing proceedings after a finding of guilt. If the matter proceeds to trial, the VIS will not be presented until after conviction. Victims may still be required to give evidence during the trial itself.

Can I get help writing my Victim Impact Statement?

Yes, various support services are available including Victims Services NSW, court support workers, legal aid services, and private legal representatives. These services can provide guidance on content, format, and submission procedures while ensuring the statement remains in the victim's own words.

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