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.

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.

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

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.

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.

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.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.