Victorian Current Acts Victorian Current Acts(1) If the Court finds a child guilty of an offence, a victim of the offence may make a victim impact statement to the Court for the purpose of assisting the Court in determining sentence.
(2) A victim impact statement may be made—
(a) in writing by statutory declaration; or
S. 359(2)(b) amended by No. 6/2018 s. 68(Sch. 2 item 20.4).
(b) in writing by statutory declaration and orally by sworn or affirmed evidence.
(3) A victim impact statement may be made by another person on behalf of a victim—
(a) who is under the age of 18 years; or
(b) who the Court is satisfied is incapable of making the statement because of mental illness or for any other reason; or
(c) that is not an individual.
(4) A victim impact statement contains particulars of the impact of the offence on the victim and of any injury, loss or damage suffered by the victim as a direct result of the offence.
S. 359(4A) inserted by No. 18/2010 s. 4(1).
(4A) A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence.
(5) The Court may rule as inadmissible the whole or any part of a victim impact statement.
(6) If the victim prepares a victim impact statement, the victim must, a reasonable time before sentencing is to take place—
(a) file a copy with the Court; and
(b) provide a copy to—
(i) the child or the legal practitioner representing the child; and
(ii) the prosecutor.
(7) The Court may, at the request of the child or the prosecutor, call a victim who has made a victim impact statement, or a person who has made a victim impact statement on behalf of a victim, to give evidence.
(8) A victim or other person who gives evidence under subsection (7) may be cross-examined and re-examined.
(9) A victim, or a person who has made a victim impact statement on behalf of a victim, may call a witness to give evidence in support of any matter contained in the victim impact statement.
(10) A witness who gives evidence under subsection (9) may be cross-examined and re‑examined.
(11) Any party to the proceeding may lead evidence on any matter contained in a victim impact statement.
S. 359(12) substituted by No. 18/2010 s. 4(2).
(12) A person who has made a victim impact statement may request that any part of that victim impact statement—
(a) is read aloud or displayed in the course of the sentencing hearing by—
(i) the person making the request; or
(ii) a person chosen by the person making the request who consents and who is approved by the Court for that purpose; or
(b) is read aloud in the course of the sentencing hearing by the prosecutor.
S. 359(12A) inserted by No. 18/2010 s. 4(2).
(12A) If a request is made under subsection (12), and the person specified in the request is available to do so during the course of the sentencing hearing, the Court must ensure that any admissible parts of the victim impact statement that are—
(a) identified in the request; and
(b) appropriate and relevant to sentencing—
are read aloud or displayed by the person or persons specified in the request in open court in the course of the sentencing hearing.
S. 359(12B) inserted by No. 18/2010 s. 4(2).
(12B) For the purposes of subsection (12A), the Court may direct the person who made the request or the person chosen by that person as to which admissible parts of the victim impact statement are appropriate and relevant to sentencing.
(13) Nothing in this section prevents the presiding magistrate from reading aloud any admissible part of a victim impact statement in the course of sentencing the child or at any other time in the course of the sentencing hearing.
S. 359A inserted by No. 18/2010 s. 5.