The Government began consulting on potential changes after concerns were raised by the former Commissioner for Victims’ Rights and other victims’ advocates about Victim Impact Statements.
The Government will now begin consulting on a draft bill with key stakeholders on proposed reforms including:
- Ensuring victims of crime are given the opportunity to be heard by the courts prior to sentencing;
- Requiring that victims are provided with information around how they can provide a statement, what it involves, and how it will be used;
- Ensuring that the Court accepts Victim Impact Statements in the form that they are given. This change clarifies the court’s discretion to disregard any material it deems irrelevant to sentencing, to allow for victims to be heard in their own words;
- Giving victims control over whether their statements can be made public; and
- Giving the court the power to prevent publication of material it deems irrelevant.
As put by Kyam Maher
Victims deserve a stronger voice in the sentencing process, and they deserve to be able to have their views expressed as they see fit within the course of the administration of justice.
This includes ensuring victims can have more control over whether they provide a statement, what is said, and whether it can be publicly reported.
There are times when victims miss the opportunity to tender a statement because a guilty plea is entered and the matter immediately moves to sentencing.
These reforms will ensure that, in those cases, the prosecutor can seek an adjournment so that victims have the opportunity to tender a statement if they wish.
By giving victims the power to determine whether those victim impact statements are publicly reported, it helps them have greater confidence to speak out in this important part of the process.
As put by Commissioner for Victims’ Rights Sarah Quick
These are welcome reforms that demonstrate the importance of victim’s rights to be heard during the sentencing process. Victims will have greater choice and control in exercising their right to be heard whilst being better informed and supported to do so.
These changes directly address concerns raised by victims. They seek to minimise distress caused by being denied the right to make a victim impact statement.
Victim impact statements are often the only opportunity for victims to explain their pain and suffering to the court, and to directly address the defendant. These reforms ensure victims are afforded this right and can describe the impact of crime in their own words.
Crime is a disempowering experience for victims. Having the opportunity to explain the harm in their own words can help victims regain some sense of power and control.
