81ACourt may receive victim impact statement

81A Court may receive victim impact statement

[Section 81A Inserted by No. 25 of 2002, s. 7, Applied:29 Dec 2004]

(1)  In this section –

immediate family, in respect of a deceased victim, includes –

(a) the spouse or partner, within the meaning of the Relationships Act 2003 , of the deceased victim; and

(b) a parent, guardian or step-parent of the deceased victim; and

(c) a child or stepchild of the deceased victim; and

(d) a brother, sister, stepbrother or stepsister of the deceased victim;

indictable offence means –

(a) an offence that is punishable on indictment even though in some instances it may be dealt with summarily; or

(b) any other offence that is prescribed for the purposes of this section;

victim, in respect of an offence, means –

(a) a person who has suffered injury, loss or damage as a direct consequence of the offence; and

(b) a member of the immediate family of a deceased victim of the offence.

(2)  [Section 81A Subsection (2) amended by No. 21 of 2016, s. 16, Applied:11 Jul 2016] If a court finds a person guilty of an indictable offence, or a summary offence that has resulted in the death or serious injury of a person, or a family violence offence, a victim of that offence may furnish to the court a written statement that –

(a) gives particulars of any injury, loss or damage suffered by the victim as a direct consequence of the offence; and

(b) describes the effects on the victim of the commission of the offence.

(2A)  If a court finds a person guilty of an indictable offence, or a summary offence that has resulted in the death or serious injury of a person, or a family violence offence, the court may, if it considers it appropriate to do so, allow a person, other than the victim of that offence, to furnish to the court a written statement, in lieu of a statement under , that –