Understanding Victim Impact Statements

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Questions and Answers

What is a Victim Impact Statement primarily used for?

To determine the guilt or innocence of the defendant

To express how a crime affected the victim (correct)

To provide a legal summary of the case

To gather evidence against the defendant

Which of the following is NOT typically included in a Victim Impact Statement?

Victim's financial status

Description of physical harm

Info about the defendant's family (correct)

Victim's opinion on the defendant

When is a Victim Impact Statement usually prepared?

After the defendant's sentencing

At the parole hearing only

Before the defendant's first court appearance (correct)

During the trial proceedings

What role does the Police Officer in Charge play regarding the Victim Impact Statement?

They ask the victim to prepare a statement Signup and view all the answers

How are Victim Impact Statements viewed in relation to restorative justice?

They are optional but beneficial Signup and view all the answers

What is a common misconception about the usage of Victim Impact Statements?

They are frequently ignored in proceedings Signup and view all the answers

Which of the following statements about the Victim Impact Statement is true?

It includes the victim's feelings about the crime Signup and view all the answers

In what circumstances can a Victim Impact Statement be presented?

At plea-bargaining and sentencing hearings Signup and view all the answers

What type of information is NOT included in a victim impact statement?

Personal philosophical beliefs Signup and view all the answers

Which of the following is an example of emotional injuries to mention in a victim impact statement?

Changes in sleep patterns post-incident Signup and view all the answers

Which item would be considered a financial injury?

Cost of physical therapy unreimbursed by insurance Signup and view all the answers

What should be included when detailing physical injuries in a victim impact statement?

Long term effects of injuries Signup and view all the answers

What is NOT a relevant topic for a victim impact statement?

Insurance policy details Signup and view all the answers

What type of emotional change could be mentioned in a victim impact statement?

Mental health issues like depression Signup and view all the answers

Which aspect reflects the purpose of a victim impact statement?

To provide insight into the victim's experience Signup and view all the answers

What type of injury would qualify under financial injuries?

Loss of wages due to recovery time Signup and view all the answers

What is the main purpose of a victim impact statement?

To convey the victim's feelings and experiences related to the crime. Signup and view all the answers

Who can help write the victim impact statement if the victim is unable to do so?

The Police Officer in Charge of the case. Signup and view all the answers

When can a victim impact statement be updated?

When the case progresses through court. Signup and view all the answers

What is a sentence indication?

A statement providing an idea of the potential sentence if the defendant pleads guilty. Signup and view all the answers

What statement best reflects what should not be included in a victim impact statement?

Expressions of anger towards the offender. Signup and view all the answers

What role does the Police Officer in Charge of the case play concerning the victim impact statement?

They help prepare the victim impact statement and ensure its submission by the second appearance of the defendant. Signup and view all the answers

What happens to the victim impact statement once it is completed?

It is filed with court records and retained as part of the case materials. Signup and view all the answers

What is required of a victim when submitting a victim impact statement?

They need to ensure the information is factual and true to the best of their knowledge. Signup and view all the answers

Under what circumstances can a judge refuse a victim's request to read their impact statement aloud in court?

If the number of victims wanting to read is high Signup and view all the answers

What is the definition of a 'specified offence' according to the Victims’ Rights Act 2002?

An offence of a violent nature causing physical harm Signup and view all the answers

Who is allowed to keep a copy of a victim impact statement after the case is completed?

Victims, court staff, police, and other authorized persons Signup and view all the answers

What role can a prosecutor play regarding victim impact statements in court?

Read the statement aloud on behalf of the victim Signup and view all the answers

What happens to a victim impact statement at the end of the proceedings?

Copies must be returned to the court staff Signup and view all the answers

If a victim wishes to address the court and the offender while reading their statement, what is required?

A request to the judge to allow the reading Signup and view all the answers

What might lead to a judge withholding part of a victim impact statement from the defendant?

Concerns for the victim’s safety Signup and view all the answers

Which of the following is NOT a reason the judge may deem it inappropriate for the victim to read their statement aloud?

The victim's emotional state Signup and view all the answers

Study Notes

Victim Impact Statement (VIS)

A VIS is a written or oral statement.
It's made by the victim or on behalf of the victim.
VISes are used at sentencing, plea-bargaining hearings, parole hearings, and bail hearings.
VISes express how the crime impacted the victim psychologically, physically, and financially.
VISes are part of restorative justice practices.
They're not mandatory.
VISes are a way to make the implementation of the "right to offer information" practical.
This means victims can make statements and give evidence.

Components of a Victim Impact Statement

Includes a description of the harm caused (physical, psychological, and financial).
Includes the victim's opinion on the crime and/or offender.
Includes an opinion on an appropriate sentence.
Must include information about the deceased in murder cases.
VISes are often underutilized.

How to Prepare a VIS

The case officer will ask you to prepare a VIS (often when charges are filed but before the defendant's first court appearance).
You can write your own or the officer can assist if needed.
Ensure the VIS is written in your own voice.
Confirm that the information is accurate and provided for a VIS purpose.
You can sign the VIS, or have the officer sign on your behalf.
The officer will keep the VIS as part of the case materials.

What a VIS Shouldn't Include

Detailed descriptions of the crime.
Offensive language or abuse towards the offender.
Direct expression of anger towards the court or offender.
Ensure accuracy, especially when stating facts.

Changing a VIS

Changes can be made to keep the VIS up-to-date throughout the court process.
It's important to prepare the VIS early in the criminal justice process.
The Police officer in charge will make sure the VIS is completed by the defendant's second court appearance, before a plea is entered.
The Police Prosecution Service will manage any updates to the VIS.

Sentence Indication

A sentence indication is a statement from the court about the likely sentence an accused might receive if they plead guilty.
The defendant can request a sentencing indication at any time before the trial.
The judge has the discretion to decide if they will offer a sentence indication.
Victim impact statements are one type of information the judge may consider.

What Happens to the VIS Once Completed

The prosecutor will submit the VIS to the court at sentencing.
The defendant can request a copy but cannot keep it.
A judge may withhold parts of a VIS if there are concerns for the victim's safety.
The information in a withheld VIS will be excluded from the sentencing.

Reading the VIS in Court

You can ask the judge or a prosecutor to read the VIS aloud in court, or you can read it yourself.
You may address the court and the offender during this time.
Victims of 'specified offences' have the right to read the VIS aloud or have someone else read it.

What Happens to the VIS after the Court Proceedings

Copies of a VIS will be returned to relevant court staff.
Court staff, police or other individuals can keep a copy with the victim's agreement.
The defendant cannot keep a copy without your agreement.

Information to be Included in the VIS

The VIS should include pertinent information to assist the court at sentencing.
It should include physical harm, emotional and financial harm or damage, and any other effects of the offence on the victim.
Include any relevant information related to these effects.

Types of Harm Covered

Physical Injuries: Injuries received due to the offence, illnesses related to the offence, long-term effects, treatment received, and the impact on the victim's lifestyle.
Emotional Injuries: Changes in attitudes or feelings, changes in behavior or lifestyle (sleep, eating, coping mechanisms, etc.), changes in relationships with family, friends, or associates, and any mental health trauma/disorders sought.
Financial Injuries: The value and description of any damaged, lost, or destroyed property, costs not covered by insurance, financial loss from work, medical/therapy/counseling expenses, and lost educational/work opportunities and the difference between the compensation offered and the total cost.

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Description

This quiz explores the concept of Victim Impact Statements (VIS), detailing their components, uses, and the process of preparing them. Learn how these statements play a crucial role in the justice system and restorative practices. Discover their significance in conveying the effects of crime on victims.