CRIMES (SENTENCING) ACT 2005 - SECT 53 Victim impact statements—effect

CRIMES (SENTENCING) ACT 2005 - SECT 53

    (1)     In deciding how the offender should be sentenced (if at all) for the offence, the court—

        (a)     must consider any victim impact statement given to the court in relation to the offence; and

        (b)     must not draw any inference about the harm suffered by a victim from the fact that a victim impact statement is not given to the court in relation to the offence.

    (2)     A victim impact statement must not be given in writing to the court unless—

        (a)     the statement is made in accordance with section 51 (Victim impact statements—form and contents); and

        (b)     a copy of the statement has been given to the defence.

Note     The Evidence (Miscellaneous Provisions) Act 1991

, ch 6A deals with cross-examination of the maker of a victim impact statement.

    (3)     In this section:

"defence" means—

        (a)     any lawyer representing the offender; or

        (b)     if the offender is not legally represented—the offender.

"given "includes made orally in court or read out in court under this part.