30EHow court uses victim impact statements

#### 30E How court uses victim impact statements 30E How court uses victim impact statements > > (1) A court to which a victim impact statement has been tendered in relation to an offence— > > > > > (a) must consider the statement at any time after it convicts, but before it sentences, an offender for the offence, and > > > > > (b) may make any comment on the statement that the court considers appropriate. > > > (2) A victim impact statement may also be considered by the Supreme Court when it determines an application under Schedule 1 for the determination of a term and a non-parole period for an existing life sentence referred to in that Schedule. > > > (3) A victim impact statement of a family victim may also be taken into account by a court in connection with the determination of the punishment for the offence on the basis that the harmful impact of a primary victim’s death on family victims is an aspect of harm done to the community, but only if— > > > > > (a) the prosecutor applies for this to occur, and > > > > > (b) the court considers it to be appropriate. > > > (4) Subsection (3) does not affect the application of the law of evidence in proceedings relating to sentencing. > > > (5) The absence of a victim impact statement does not give rise to any inference that an offence had little or no impact on a victim. > > > (6) The absence of a victim impact statement given by a family victim does not give rise to any inference that an offence had little or no impact on the members of the primary victim’s immediate family. > > **ss 30B–30G:** Ins 2018 No 88, Sch 3 \[1\].