Sentencing Act 2017

A person who has suffered injury, loss or damage resulting from an indictable offence or a prescribed summary offence committed by another may provide the sentencing court with a written personal statement (a

Before determining sentence for the offence, the court may, if the person so requested when providing the statement—

allow the person an opportunity to read the statement aloud to the court; or

cause the statement to be read aloud to the court; or

give consideration to the statement without the statement being read aloud to the court.

If the court considers there is good reason to do so, it may, in order to assist a person who wishes to read aloud a victim impact statement to the court—

allow an audio visual record or audio record of the person reading the statement to be played to the court; or

exercise any other powers that it has with regard to a vulnerable witness.

Subject to subsection (5) (but despite any other provision of this Act), the court must, if the person so requested when providing the statement, ensure that—

the defendant; or

if the defendant is a body corporate, a director or some other representative of the body corporate satisfactory to the court, is present when the statement is read aloud to the court.

Subsection (4) does not apply if the court is satisfied that special reasons exist which make it inappropriate for the defendant or other person to be present, or that the presence of the defendant or other person may cause a disturbance or a threat to public order and safety (however, in such a case, the court must ensure that the defendant or other person is present by means of an audio visual link or audio link, if such facilities are reasonably available to the court, or that arrangements are otherwise made for an audio visual record of the statement to be made and played to the defendant or other person).

The validity of a sentence is not affected by non‑compliance or insufficient compliance with this section.

In this section—

a summary offence that results in the death of a victim or a victim suffering total incapacity; or

a summary offence (other than a summary offence of assault) that results in a victim suffering serious harm;

harm that endangers a person's life; or

harm that consists of loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or

harm that consists of serious disfigurement;