Penalties and Sentences Act 1992

This section applies if a person who is to read aloud a victim impact statement (the reader) is the person who prepared the statement.

The sentencing court may, on its own initiative or on the application of the prosecutor for the offence, direct that any of the following arrangements be made that the court considers, having regard to all relevant circumstances, are appropriate—

that, while the reader is reading aloud the victim impact statement before the court, the offender be obscured from the view of the reader;

that, while the reader is reading aloud the victim impact statement before the court, all persons other than those specified by the court be excluded from the courtroom;

that a person approved by the court be present while the reader is reading aloud the victim impact statement to provide emotional support to the reader;

if there is an audiovisual link within the court precincts—that the reader read aloud the victim impact statement outside the courtroom and the reading be transmitted to the courtroom by means of the audiovisual link.

For subsection (2)(c), the person providing emotional support to the reader must be permitted to be in close proximity to the reader, and within the reader’s sight, while the reader is reading aloud the victim impact statement before the court.

For subsection (2)(d)—

the place outside the courtroom from which the reader reads aloud the victim impact statement is taken to be part of the sentencing court; and

it is not necessary that the place be within the court precincts.

The court may, on its own initiative or on the application of the prosecutor, vary or revoke a direction made under subsection (2).