Australian Capital Territory Current Acts

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Victim impact statements—use in court

    (1)     A victim impact statement may be—

        (a)     tendered to the court; or

        (b)     made orally in court; or

        (c)     read out in court by the person who made the statement or someone else (whether or not the statement is tendered to the court).

    (2)     The statement may be given when the court considers appropriate—

        (a)     after any of the following:

              (i)     the offender has pleaded guilty to the offence;

              (ii)     the court has found the offence proved;

              (iii)     the offender has been found guilty or convicted of the offence; and

        (b)     before the offender is sentenced.

    (3)     The court must allow the statement to be read out in court if the maker of the statement wishes the statement to be given to the court in that way.

    (4)     Subsection (5) applies to a maker of a statement, if a special requirement for giving evidence—

        (a)     applied to the maker giving evidence in the proceeding to which the statement relates; or

        (b)     would have applied to the maker had the maker given evidence in the proceeding.

    (5)     If the maker of the statement wishes, the special requirement applies to the maker reading out the maker's statement in court as if the maker were a witness giving evidence in the proceeding.

    (6)     In this section:

"special requirement", for giving evidence, means any of the following provisions under the Evidence (Miscellaneous Provisions) Act 1991


        (a)     part 2.2 (Evidence of children—audiovisual links);

        (b)     division 4.3.2 (Special requirements—general);

        (c)     division 4.3.5 (Giving evidence by audiovisual link);

        (d)     section 101 (Child or witness with disability may have support person in court);

        (e)     section 102 (Witness with vulnerability may give evidence in closed court).

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