CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 2 - General sentencing principles  

SECTION 16AB   Matters relating to victim impact statements  

(1)  
This section applies in relation to victim impact statements made known to a court as described in paragraph 16A(2)(ea).

(2)  
Only one victim impact statement may be made for each victim of an offence, unless the court gives leave.

(3)  
No implication is to be drawn from the absence of a victim impact statement for a victim.

(4)  
All or part of a victim impact statement for a victim may be read to the court by or on behalf of the victim.

(5)  
A victim impact statement is not to be read to the court, or otherwise taken into account, to the extent that:


(a) it expresses an opinion about an appropriate sentence; or


(b) it is offensive, threatening, intimidating or harassing; or


(c) admitting it into evidence would otherwise not be in the interests of justice.

(6)  
The person convicted of the offence may only test the facts in a victim impact statement:


(a) by way of cross-examining the maker of the statement; and


(b) if the court gives leave to do so.

(7)  
For the purposes of Part IAD (about protecting vulnerable persons):


(a) giving evidence includes giving a reading under subsection (4); and


(b) a cross-examination includes a cross-examination under subsection (6).

Note:

This confirms that any protections available under Part IAD will be available for the reading or the cross-examination.




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