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Crimes (Sentencing) Act 2005
53Victim impact statements—effect
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53 Victim impact statements—effect
(1) In deciding how the offender should be sentenced (if at all) for the
offence, the court—
(a) must consider any victim impact statement given to the court in
relation to the offence; and
(b) must not draw any inference about the harm suffered by a victim
from the fact that a victim impact statement is not given to the
court in relation to the offence.
(2) A victim impact statement must not be given in writing to the court
unless—
(a) the statement is made in accordance with section 51 (Victim
impact statements—form and contents); and
(b) a copy of the statement has been given to the defence.
Note The Evidence (Miscellaneous Provisions) Act 1991, ch 6A deals with
cross-examination of the maker of a victim impact statement.
given includes made orally in court or read out in court under this
part.
Part 4.4 Taking additional offences into
account