UKZN Victim Impact Statement PDF

HOW TO PREPARE A VICTIM IMPACT STATEMENT UKZN UKZN INSPIRING INSPIRING Definition of a Victim Impact Statement Victim Impact Statement (VIS) is :  a written or oral statement  made on behalf of the victim or by the victim  At the sentencing phase, at plea-...

HOW TO PREPARE A VICTIM IMPACT STATEMENT UKZN UKZN INSPIRING INSPIRING Definition of a Victim Impact Statement Victim Impact Statement (VIS) is :  a written or oral statement  made on behalf of the victim or by the victim  At the sentencing phase, at plea-bargaining hearings, at parole hearings and at bail hearings  To express how the crime impacted the victim psychologically, physically, and financially. UKZN INSPIRING  Description of a Victim Impact Statement Victim Impact Statement (VIS) is a written or oral statement made on behalf of the victim or by the victim at the sentencing phase, at plea-bargaining hearings, at parole hearings and at bail hearings to express how the crime impacted the victim psychologically, physically, and financially. VIS are viewed as an instrument in the “tool kit” of restorative justice practices in criminal justice procedures and are not mandatory in practice. VIS is viewed as a means to fulfil practically the implementation of a part of “the right to offer information” – which includes where appropriate to make a statement to the court or give evidence during the sentencing proceedings to bring the impact of the crime to the courts. UKZN INSPIRING  Cont.. Victim Impact Statements include the following:  Description of the harm - physical, psychological, and financial impact that the crime has had on the lives of the victim and/or the victim’s survivors.  The victim’s statement of opinion on his/her feelings about the crime and /or defendant.  The sentence that the victim feels is appropriate  In murder cases, information about the personal characteristics of the deceased. The discretionary use of the VIS had led to it being substantially underutilized in most criminal justice proceedings. This lack of enforced usage can be argued to have rendered the Victims’ Charter as another set of “paper rights” that are available to victims but never used or implemented. UKZN INSPIRING How do you make a victim impact statement?  The Police Officer in Charge of the case will ask you to prepare a victim impact statement.  You will usually be asked to do this when charges are being filed, but before the defendant’s first court appearance (where possible).  You can write your own victim impact statement. Police are available and trained to assist with this. If you are unable to write a victim impact statement, the Police can do this for you if you agree. However, your VIS should be written in your own voice (the way you write and talk).  You will be asked to confirm that the information you give is true to the best of your knowledge and that you know it is for the purpose of a victim impact statement. You can do this by signing the victim impact statement, or asking the  Police Officer in Charge of the case to sign it on your behalf.  Once completed, the Police will hold on to your victim impact statement as part of the case materials. UKZN INSPIRING  What should not be included on a victim impact statement Avoid a detailed description of the crime. Avoid offensive language and abuse or vilify the offender. Should not directly express their anger toward the court or the offender. It is important that the VIS is accurate where the victim state facts especially. UKZN INSPIRING  Can you change your victim impact statement later?  Yes. You can make changes to your victim impact statement to ensure it stays up-to-date as the case progresses through court.  It is important that a victim impact statement is prepared early on in the criminal justice process and stays up-to-date.  The Police Officer in Charge of the case will ensure that your victim impact statement is completed by the second appearance of the defendant in court, as this is the defendant may enter a plea.  You will be asked to check if your victim impact statement needs updating The Police Prosecution Service will manage this with the Officer in Charge of the case. The timing of this will be aligned with key stages of the court process, such as when a sentence indication is requested, or for sentencing. UKZN INSPIRING  What is a sentence indication? A sentence indication is a statement by the court that provides the idea of the type or quantum (amount or length) of sentence the defendant would be likely to receive if they were to plead guilty at this stage of their proceeding. The defendant can request a sentencing indication at any time before the trial. A sentence indication is at the discretion of the judge and will only be given if the judge has sufficient information, which may include any victim impact statements. UKZN INSPIRING What happens to the victim impact statement?  The prosecutor must submit your victim impact statement to the court at sentencing, if one has been prepared.  The defendant can ask to see a copy, but cannot keep it without you agreeing.  A judge can order that part of a victim impact statement be withheld from the defendant if there are concerns for a victim’s safety. If this happens, the judge cannot take this information into account when sentencing the offender. This is because defendants are entitled to see any information that may affect his or her sentence. UKZN INSPIRING Can you read your victim impact statement in court?  You may make a request to the judge to read your victim impact statement to the court, or have the prosecutor or another person read it for you.  When reading your victim impact statement, you may address the court and the offender.  If you are a victim of a ‘specified offence’, you have the right to read your statement aloud in court, or ask the prosecutor or another person to read it out on your behalf.  A ‘specified offence’ is defined in the Victims’ Rights Act 2002 and includes:  an offence of a sexual nature  a serious assault  an offence that has resulted in serious injury, death or incapacity  an offence that has led to the victim having ongoing fears, on reasonable grounds, for the physical safety of themselves or their family. UKZN INSPIRING Cont.  If you are a victim of one of these offences, a judge may only refuse your request to read your statement aloud if doing so is inappropriate because of:  the number of victims wanting to read their statement aloud  the age and maturity of the offender  concerns about the risk of serious disruption to the proceedings  concerns about the safety of any person.  If this happens, the Police or a Court Victim Advisor will discuss it with you. UKZN INSPIRING What happens to a victim impact statement once the case is completed?  At the end of proceedings, copies of a victim impact statement must be returned to court staff.  Victims, court staff, police officer, probation officer, prosecutor, or other people allowed by the court may keep a copy. The defendant cannot keep a copy without you agreeing.  When reading your victim impact statement, you may address the court and the offender.  If you are a victim of a ‘specified offence’, you have the right to read your statement aloud in court, or ask the prosecutor or another person to read it out on your behalf. UKZN INSPIRING  What information should be included in a victim impact statement?  It is important that the content of a victim impact statement is appropriate and includes information that will assist the court at sentencing.  A victim impact statement should include relevant information on:  any physical injury or emotional harm you have suffered as a result of the offence  any loss of, or damage to, property as a result of the offence  any other effects of the offence on you  any other information that is consistent with the purpose of a victim impact statement. UKZN INSPIRING Examples of the information to include are:  Physical Injuries  Emotional Injuries  Financial Injuries UKZN INSPIRING PHYSICAL INJURIES  Injuries you received as a result of the offence.  an illness you have developed that relates to the offence  the type and extent of your injuries, including any long term effects  any medical treatment you have received  the impact of the injuries or illness on your lifestyle, e.g. sport or hobbies. UKZN INSPIRING  EMOTIONAL INJURIES  changes in your attitudes or feelings (e.g. how you feel about yourself and others, whether your outlook on life has changed as a result of the offence)  changes in your behaviour (e.g., change of lifestyle, ways of coping, sleep patterns, eating and drinking habits, sexual behaviour)  changes in your relationships with spouse, family, friends or work associates  short and long term mental health trauma (e.g., post-traumatic stress disorder, depression and anxiety)  any counselling you have sought or received. UKZN INSPIRING FINANCIAL INJURIES the value and description of any property that has been damaged, lost, or destroyed any costs not covered by your insurance or ACC financial loss from time off work medical, therapy and/or counselling expenses lost educational or work opportunities consequential loss (i.e., the difference between the compensation ACC pays you and your total costs). UKZN INSPIRING