Australian Capital Territory Current Acts

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VICTIMS OF CRIME ACT 1994 - SECT 15F

Police and DPP to tell victims about victim impact statement

    (1)     A relevant justice agency must, within a reasonable period before a victim of an offence would be able to make a victim impact statement, tell the victim the following:

        (a)     who may make a victim impact statement;

        (b)     that a victim impact statement may be made orally or in writing;

        (c)     what information a victim impact statement must and may include;

        (d)     how a victim impact statement may be used in court during a proceeding, including that—

              (i)     a copy of the victim impact statement will be given to the offender; and

              (ii)     the victim may be cross-examined about the contents of the victim impact statement; and

              (iii)     the court must consider the victim impact statement in deciding how the offender should be sentenced.

Note     The Crimes (Sentencing) Act 2005

, pt 4.3 sets out the requirements for victim impact statements. A victim impact statement may only be made for an offence that is punishable by imprisonment for longer than 1 year (see that Act

, s 48).

    (2)     In this section:

"relevant justice agency" means either of the following justice agencies:

        (a)     the chief police officer;

        (b)     the director of public prosecutions.



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