36AVictim impact statements

36A Victim impact statements

[Section 36A Inserted by No. 27 of 2013, s. 22, Applied:01 Mar 2014]

(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 definition;

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)  If the Court finds a youth guilty of an indictable offence, a victim of that offence may provide 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.

(3)  If the Court finds a youth guilty of an indictable offence, the Court may, if it considers it appropriate to do so, allow a person, other than the victim of that offence, to provide to the Court, in the place of a statement under subsection (2) , a written statement that –