After a person has been found guilty of, or has pleaded guilty to, an indictable offence, you can make a victim impact statement (VIS), telling the judge in your own words about the effect that the crime has had on you – physically, emotionally and financially.
Where the offence is a summary offence, a VIS can be provided where death or serious injury has occurred as a result of the offence, or if it is a family violence offence.
The victim impact statement is tendered to the court as part of the sentencing process. You can either have your statement handed to the judge or read it aloud to the court.
You can choose whether or not to make a VIS. You can also choose how the VIS is presented to the court at sentencing
- You can read your VIS aloud
- You can nominate another person to read the VIS aloud on your behalf
- The prosecutor can hand the VIS to the judge without reading it aloud
Some people prefer their VIS to be handed to the judge because no-one else in the courtroom will hear it. However, keep in mind that a VIS is not an automatically confidential document. A copy must be given to the accused's lawyer so the accused will also see it. Also, judges regularly use extracts from a VIS in their sentencing comments.
You can talk to a WAS officer about your decision as to whether or not you want to make a VIS, and also how you would like your VIS to be presented to court. WAS can assist you with the preparation of a VIS. Victim Support Services can also provide assistance with the preparation of a VIS.
There are some limitations on what can be included in a VIS. The statement must be limited to details relating only to the crime of which the offender is convicted. Following are some pointers to assist in the preparation of a VIS.
It can include:
- details of any physical injuries caused by the crime and the impact of these injuries
- details of emotional and psychological damage caused by the crime
- details of any changes in behaviour, thoughts, attitudes, coping skills, social life or relationships with others (i.e. how life was before the crime and how it has changed)
- details of the impact of the crime on employment, education or loss of future prospects
- details of the financial impact of the crime
- relevant medical or psychological reports that support the VIS
It should not include:
- any abusive or derogatory comments about the accused
- any impact that is not the result of the crime concerned
- any conduct of which the accused has not been convicted
- any suggestion as to what the sentence should be
If defence counsel challenge any of the material that in the VIS we will discuss this with you.