Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 136A

Victim impact statements

136A. Victim impact statements



(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

   (b)  in writing by statutory declaration and orally by sworn 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.

(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 sub-section (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 sub-section (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.

(12) If a victim who has made, or on behalf of whom another person has made, a
victim impact statement so requests, the Court must ensure that any admissible
parts of the statement that are appropriate and relevant to sentencing are
read aloud by the prosecutor in open court in the course of the sentencing
hearing.

(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.









Division 7-Sentencing Orders

Subdivision 1-General