A victim impact statement can help the court decide what punishment to give if someone is found guilty. You don't have to write a victim impact statement if you don't want to. Copies of the statement are given to the prosecutor, the offender or their lawyer, and the officer or judge.
Being charged with a crime could be hard if you go through the process by yourself. Do not be alone; get in touch with the best criminal defence lawyers in Melbourne and ask for help.
Writing a Victim Impact Statement
It needs to be in the form of a formal declaration. You swear that this is true and correct on paper and sign it in front of a legal representative, like a lawyer or police officer. You can also choose to present your case in person to the judge.
A plea bargain, also known as a plea negotiation, is an agreement where the defendant agrees to plead guilty to a lesser charge or to some of the charges in exchange for a lighter sentence or other favorable conditions.
What a Statement Can Be Used For In Court
The magistrate or judge will consider what you said when choosing what punishment to give the criminal. Your lawyer should know if you want some or all of your statement read out loud in court. A victim impact statement is a formal document that tells the court how the crime has changed your life. It is used to decide sentences. It doesn't give you the right to get paid for any losses you may have had. This process is separate from compensation claims.
You Should Wait To Write Your Victim Impact Statement
It's best not to start writing your statement right away after the crime, since it can take some time to figure out how it changed you.
How To Submit Your Statement To The Court As A Victim
Give your Victim Impact Statement to the lawyers handling the case. It could be given to:
- For cases in the Supreme or County Courts, the police officer in charge of the case (also known as the investigating officer) or the Office of Public Prosecutions (or your Victims and Witness Assistance Service Worker, if you have one).
Before the plea meeting, you should tell them if:
- You want some or all of your Victim Impact Statement read out loud.
- There are some parts you don't want read out loud.
- To back up what you say in your statement, you need a witness, like your doctor, to give proof. A suspended sentence occurs when the court imposes a prison term but allows the offender to avoid serving time in jail if they comply with certain conditions set by the court.
How To Write Your Statement About The Victim
There are rules about what kinds of evidence can be used in court and what kinds of evidence can't be used. In their victim impact statement, victims can include pictures, drawings, songs, or anything else that has to do with being hurt, losing something, or getting damaged. It's important to remember that your Victim Impact Statement should only talk about how the crime has changed your life.
If your Victim Impact Statement has things in it that aren't about how the crime affected you, some or all of it might not be accepted. It's possible for the judge to still accept your Victim Impact Statement even if some of it isn't valid. The court will not read the parts of your Victim Impact Statement that are not allowed. The court will not use the parts of your Statement that are not allowed when sentencing the criminal. If the prosecution thinks that some parts of your statement might not be allowed, they may want to talk to you about it before the meeting.
Privacy For You
Another thing to keep in mind is that your Victim Impact Statement will be kept in the court file and can be read by anyone, including reporters. Laws protect sexual assault victims from being named in the news, but you might want to think about your privacy when you are writing your statement.
What You Need To Get Your Statement Ready
Not only is there no set way to write a Victim Impact Statement, but there must be a legal statement at the end of every one.
Declarations Required By Law
A statutory declaration is something you write down, sign, and swear to be true and correct in front of a qualified witness.
The following types of people can be authorised witnesses:
- Officers of the law
- Lawyers
- Dentists, vets, bank managers, state school directors, and pharmacists.
You agree that what you wrote is true when you sign the statutory declaration. Perjury is the crime of giving false information, which means you should not have said what you did. When writing your Victim Impact Statement, you need to be as honest as you can be.
Conclusion
An important tool that victims can use to tell the court how a crime has changed their lives is a victim impact statement. Even though it's not required, giving a personal account of the mental, physical, and financial effects suffered can have an impact on the sentence. Important steps in this process include writing a statement, swearing that it is true in front of a lawyer, and considering how it might affect privacy. It's important to be honest and detailed about how the crime affected you and to ensure that your statement follows the rules of the court so that it can be fully considered. Victims can play a significant part in the court process and help ensure that the sentence is fair if they understand and use this method.
