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].