106BVictim impact statements and victim reports

106B Victim impact statements and victim reports (1) The prosecutor must present to the court, before it sentences an offender in relation to an offence, a victim impact statement where: (a) the victim consents to its presentation; or (b) in the case of a victim who, because of age or physical or mental disability, is incapable of giving consent – the report has been prepared by a person who, in the opinion of the court, has a sufficiently close relationship with the victim. (2) The prosecutor must present to the court, before it sentences an offender in relation to an offence, a victim report in relation to each victim of the offence where: (a) the victim has not consented to the presentation to the court of a victim impact statement in relation to him or her but has been informed of the contents of the victim report and does not object to its presentation; or (aa) in the case of a victim who, because of age or physical or mental disability, is incapable of giving consent – a person who, in the opinion of the court, has a sufficiently close relationship with the victim has been informed of the contents of the victim report and does not object to its presentation; or (b) the victim cannot, after reasonable attempts have been made by the prosecutor, be located; and there are readily ascertainable details of the harm suffered by the victim arising from the offence that are not already before the court as evidence or as part of a pre-sentence report prepared under section 105 in relation to the offender. (3) With the permission of the court, a person other than the prosecutor may present a victim impact statement. (4) Subject to subsections (7) and (8), the court must consider each victim impact statement and each victim report, if any, in relation to an offence before determining the sentence to be imposed in relation to the offence. (5) A victim impact statement or a victim report may contain details of the harm caused to the victim of the offence to which the statement or report relates arising from another offence: (a) for which the offender has already been sentenced, or will be sentenced in the proceedings then before the court; or Sentencing Act 1995 82 (b) which, under section 107, has already been taken into account in a sentence or which may be taken into account under that section in the proceedings then before the court. (5A) A victim impact statement or victim report may contain a statement as to the victim's wishes in respect of the order that the court may make in relation to the offence referred to in the statement or the report. (6) A court must not draw an inference in favour of an offender or against a victim because a victim impact statement or victim report is not presented to the court. (7) A court must not take into account a written victim impact statement unless it has been signed. (8) A court must not take into account a victim impact statement or a victim report, where the statement or report: (a) is in writing, unless a copy of the statement or report is provided to the offender; or (b) is to be presented to the court orally, unless a written or oral summary of the contents of the statement or report is provided to the offender. (9) A victim must not be cross-examined on the content of the victim's victim impact statement.