New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 30L

30L Victim impact statements where verdict of act proven but not criminally responsible

(1) A court may accept a victim impact statement after--

(a) a special verdict of act proven but not criminally responsible (whether or not following a special hearing) under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 , or

(b) a verdict following a special hearing under that Act, that, on the limited evidence available, an accused person committed an offence.

(2) A court must acknowledge receipt of the victim impact statement.

(3) A court may consider a victim impact statement when it considers what conditions are to be imposed on the release of the accused person.

(4) A court is not to consider a victim impact statement when determining the limiting term to be imposed on an accused person.

(5) A court must not consider a victim impact statement under this section unless it has been prepared by the victim to whom it relates and tendered by the prosecutor.

(6) Section 30E does not apply to a victim impact statement received by a court under this section.

(7) For the purposes of the definitions of
"family victim" and
"primary victim" in this Division, an offence is taken to have been committed by an accused person referred to in subsection (1).