immediate family , in respect of a
deceased victim, includes –
(a) the spouse or partner, within the meaning of the Relationships Act 2003 ,
of the deceased victim; and
(b) a parent, guardian or step-parent of the deceased victim; and
(c) a child or stepchild of the deceased victim; and
(d) a brother, sister, stepbrother or stepsister of the deceased victim;
indictable offence means –
(a) an offence that is punishable on indictment even though in some instances
it may be dealt with summarily; or
(b) any other offence that is prescribed for the purposes of this section;
victim , in respect of an offence, means –
(a) a person who has suffered injury, loss or damage as a direct consequence
of the offence; and
(b) a member of the immediate family of a deceased victim of the offence.
(2) If a court finds a person guilty of an indictable offence, or a
summary offence that has resulted in the death or serious injury of a person,
or a family violence offence, a victim of that offence may furnish to the
court a written statement that –
(a) gives particulars of any injury, loss or damage suffered by the victim as
a direct consequence of the offence; and
(b) describes the effects on the victim of the commission of the offence.
(2A) If a court finds a person guilty of an indictable offence, or a
summary offence that has resulted in the death or serious injury of a person,
or a family violence offence, the court may, if it considers it appropriate to
do so, allow a person, other than the victim of that offence, to furnish to
the court a written statement, in lieu of a statement under
subsection (2) , that –
(a) gives particulars of the injury, loss or damage suffered by the victim as
a direct consequence of the offence; and
(b) describes the effects on the victim of the commission of the offence.
(3) A statement referred to in subsection (2) or (2A) must comply
with, and be furnished in accordance with, applicable Rules of Court or rules
made under subsection (6) .
(4) If the court finds a person guilty of an offence, the court must
allow the victim, or the person who has furnished a statement under
subsection (2A) (the "other person" ), or another person nominated by the
victim or the other person, to read his or her statement to the court if the
victim or the other person has so requested at the time of furnishing the
statement to the court.
(5)
. . . . . . . .
(6) For the purposes of this section –
(a) Rules of Court may be made under section 12 of the Criminal Code Act 1924
; and
(b) rules may be made under section 144 of the Justices Act 1959 .
(7) This section does not derogate from section 81 and
subsections (2) and (4) of that section apply to a statement furnished
under this section.
