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Victims' Role

The impact of the crime on victims must also be taken into account in the sentencing process.

Section 5 (2) of the Sentencing Act 1991 requires the court to take into account:

• the impact of the offence on any victim of the offence
• the personal circumstances of any victim of the offence
• any injury, loss or damage resulting directly from the offence.

One way a court can determine the impact of the crime on the victim is to consider any Victim Impact Statements presented. A victim of crime is entitled to make a Victim Impact Statement to the court if the court finds a person guilty of an offence. The Victim Impact Statement will help the judge or magistrate understand how the crime has affected the victim.

The right to make a Victim Impact Statement is also provided in the Victims Charter which was introduced in November 2006. The Victims Charter sets out principles which criminal justice agencies must follow in their dealings with victims of crime. The Charter includes the right to:

• prepare a Victim Impact Statement which may be considered by the court in sentencing the offender, and have access to the assistance you require to prepare a Victim Impact Statement
• request that the court order the offender to pay you compensation if you are the victim of a violent crime.