CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 1 - Interpretation  

SECTION 16AAA   Victim impact statements  

(1)  
A victim impact statement , for an individual who is a victim of an offence, is an oral or written statement for which the following requirements are satisfied:


(a) the statement must be made by one of the following:


(i) the individual;

(ii) if the court gives leave, a member of the individual ' s family;

(iii) a person appointed by the court;


(b) the statement must describe the impact of the offence on the victim, including details of the harm suffered by the victim as a result of the offence;


(c) if the statement is written, the statement must be:


(i) signed or otherwise acknowledged by the maker of the statement; and

(ii) given to both the prosecutor and the offender (or the offender ' s legal representative) at a reasonable time before the hearing for determining the sentence to be passed on the offender;


(d) if the statement is to be oral, a written or oral summary of the statement must be given to both the prosecutor and the offender (or the offender ' s legal representative) at a reasonable time before the hearing for determining the sentence to be passed on the offender.

(2)  
However, the court may order that the requirement in paragraph (1)(d) does not apply to a particular oral statement.

(3)  
The Minister may, in writing, prescribe a form for victim impact statements. Such a form does not restrict how victim impact statements may be made.

(4)  
The Minister may delegate, in writing, his or her power under subsection (3) to:


(a) the Secretary of the Department; or


(b) an SES employee, or acting SES employee, in the Department.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.