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PENALTIES AND SENTENCES ACT 1992 - SECT 179K
Giving details of impact of crime on victim during sentencing
179K Giving details of impact of crime on victim during sentencing
(1) A victim of the offence is to be permitted to give the prosecutor for the
offence details of the harm caused to the victim by the offence, for the
purpose of the prosecutor informing the sentencing court. Notes— 1 If the
offender’s mental condition relating to the offence is referred to the
Mental Health Court under the Mental Health Act 2016 , see section 162 of that
Act for the information a victim of the offence may give that court to help it
make a decision on the reference.
2 See also the victim’s rights set out in
the victims charter under the Victims of Crime Assistance Act 2009 .
(2)
The prosecutor may continue with the sentencing proceeding without having
permitted the victim to give details of the harm if it is reasonable to do so
in the circumstances, having regard to the following matters— (a) the
interests of justice;
(b) whether permitting the details of the harm to be
given would unreasonably delay the sentencing of the offender;
(c) anything
else that may adversely affect the reasonableness or practicality of
permitting details of the harm to be given.
(3) If details of the harm are
given to the prosecutor, the prosecutor must— (a) decide what, if any,
details are appropriate to be given to the sentencing court; and
(b) give the
appropriate details to the sentencing court, whether or not in the form of a
victim impact statement under section 179L .
Note— In sentencing the
offender, the sentencing court must have regard to the harm done to, or impact
of the offence on, the victim under— (a) section 9 (2) (c) (i) ; or
(b) if
the offender is a child—the Youth Justice Act 1992 , section 150 (1) (j).
(4) In deciding what details are appropriate, the prosecutor may have regard
to the victim’s wishes.
(5) The fact that details of the harm caused to a
victim by the offence are absent at the sentencing does not, of itself, give
rise to an inference that the offence caused little or no harm to the victim.
(6) To remove any doubt, it is declared that it is not mandatory for a victim
to give the prosecutor details of the harm caused to the victim by the
offence.
(7) Subject to section 179M , the sentencing court is to decide if,
and how, details of the harm are to be given to the court in accordance with
the rules of evidence and the practices and procedures applying to the court.
Example of how details of harm may be given to sentencing court— production
of a victim impact statement to the sentencing court
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