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s 97

Victim impact statements—use in other proceeding

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Chapter 6AVictim impact statements

97 Victim impact statements—use in other proceeding

(1)

A victim impact statement must not be used in a proceeding other than the principal proceeding unless—

(a)

a finding of guilt has been made in the principal proceeding; or

(b)

the court hearing the principal proceeding—

(i)

is satisfied, on application by a party seeking to use the statement in another proceeding, that the statement has substantial probative value to justify the party’s use of the statement; and

(ii)

makes an order allowing the statement to be used.

(2)

An order under subsection (1) (b) (ii) may include any conditions the court considers appropriate having regard to the nature of the alleged offence and the circumstances of the maker of the statement.

Chapter 7 Evidence in any proceedings—other matters

Part 7.1 Evidence of witnesses with disabilities or vulnerabilities

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