Use of victim impact statements
214 Use of victim impact statements
The Children's Court may rule as inadmissible the whole or any part of a victim impact statement, including the whole or any part of a report attached to it under section 213(1).
The Children's Court may receive the whole of a victim impact statement despite—
an objection being taken to the statement or part of the statement; or
the statement containing inadmissible material.
If the Children's Court receives a victim impact statement that contains inadmissible material, in sentencing a child the Court—
is not to rely on the inadmissible material; and
need not specify in its reasons which of the material is not being relied on.
Note
Section 218 provides that only the admissible parts of a victim impact statement may be read aloud in open court.
A victim impact statement is not inadmissible merely because it contains subjective or emotive material.
It is the intention of Parliament that in interpreting and applying this section, the Children's Court is to have regard to—
the context that a victim impact statement allows the victim to tell the Court about the impact of the offence on the victim; and
subsection (4).
This Act’s bill:Explanatory memorandumSecond reading speech
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