The Criminal Justice System and Victims: Victim Impact Statements

What is a Victim Impact Statement and why is it important?

According to the Criminal Procedure (Plea Discussion and Plea Agreement) Act No. 12 of 2017 a Victim Impact Statement is a written statement made by a victim which is provided to a prosecutor explaining the physical or emotional harm, financial loss or other impact that the particular offence has had on the victim. Even where a person has died as a result of an offence, their relatives can provide a written statement in a similar manner highlighting the impact the offence had on them.

Victim Impact Statements are important as they serve as a means of ensuring that criminal cases are dealt with justly by considering the interests of the victims. This is critical for ensuring fairness, balance and integrity within the criminal justice system. It is also a means of achieving restorative justice wherein persons affected by the offence, usually the victims, are given a “voice” in the aftermath of the crime to explain the impact of same to both the Court and the accused.

More importantly, Victim Impact Statements provide Judicial Officers with a better understanding of the human cost of the accused person’s wrongdoing, as well as, assist them in determining an appropriate sentence to be imposed.

When is a Victim Impact Statement used?

As stated above, Victim Impact Statements are mainly used for the purposes of sentencing. For example, if a person has been found guilty of an offence at the end of a trial, in passing sentence on that accused person, the judicial officer will have regard to the impact on the victim. Similarly, if a person is pleading guilty to an offence either pursuant to plea bargaining or an outright guilty plea, the court in sentencing the offender will take the victim’s impact statement into account. The same approach is also followed where an accused person accepted the Maximum Sentence Indication (MSI) given by a court and proceeds to plead guilty prior to sentencing.

When a Victim Impact Statement is being relied on by the Prosecutor, that statement ought to be filed by the prosecutor in Court and served on the accused person or his Attorney-at-law before sentencing is passed.

Who can prepare a Victim Impact Statement?

Naturally, if you are a person against whom an offence was committed, you are considered to be a victim. However, the Criminal Procedure (Plea Discussion and Plea Agreement) Act, and the Criminal Procedure Rules have outlined other categories of persons who are deemed to be a “victim”. These include, a person who suffers physical, mental or emotional harm or economic loss as a direct result of the commission of an offence against another person. It also includes a business that suffered economic loss as a direct result of the commission of an offence. The victim’s family and other persons connected to the victim or the offence are also deemed victims.

Where a victim has died, is ill or otherwise incapacitated, a relative of the victim may provide a Victim Impact Statement. This is also applicable to instances where the victim cannot be found.

In circumstances where the victim is a child under the age of fourteen (14) years, a parent, guardian, a person who has custody of the child, or the person who is responsible for the child’s care and support may submit the victim impact statement on the child’s behalf. However, if the child is fourteen (14) years or over, the child together with one of his or her parents, guardians, a person who has custody of the child or who is responsible for the child’s care and support may make a victim impact statement on behalf of the child.

For businesses, the victim impact statement may be made by a duly authorized representative of the business.

What can and cannot be included in a Victim Impact Statement?

Can

• Any explanation of the physical, emotional, financial or other impact of the offence; or
• Any statement of support or forgiveness of the victim in respect of the offender (if any).

Cannot

• A restatement of the facts of the offence;
• Any statement of medical disability which is not supported by a medical doctor’s report;
• Any criticisms about the accused person; or
• Any opinion about the type or severity of sentence to be imposed inclusive of any statement of vengeance against the accused person(s).

Can a Victim read their Victim Impact Statement aloud?

A victim may read his or her statement aloud in Court or in instances where the victim does not wish to read same, it can be read by the prosecutor or an officer of the Court.