What exactly is a Victim impact statment? Who writes it up?

[John joe]

What exactly is a Victim impact statment? when can it be used in Court and can anybody write up one? thanks

 

[McCrack]

Re: Victim impact statment?

It's a statement taken by the Gardai or prepared by a victim of a criminal offence which details the physical and/or emotional harm caused by the crime tried and any damage or loss to property suffered by the victim.

The statement can only ever be put before the trial judge after the accused has been found guilty but before he is to be sentenced.
There is no statutory basis for them in this jurisdiction save for the Criminal Justice Act 1993 which has a section stipulating that the court must take account of the impact a particular crime had on the victim.
The only crimes that this relates to are sexual and violent ones though.

Hope this explains.

 

[John joe]

Re: Victim impact statment?

It's a statement taken by the Gardai or prepared by a victim of a criminal offence which details the physical and/or emotional harm caused by the crime tried and any damage or loss to property suffered by the victim.

The statement can only ever be put before the trial judge after the accused has been found guilty but before he is to be sentenced.
There is no statutory basis for them in this jurisdiction save for the Criminal Justice Act 1993 which has a section stipulating that the court must take account of the impact a particular crime had on the victim.
The only crimes that this relates to are sexual and violent ones though.

Hope this explains.

I see you have said that its for a criminal offence. Can a Victim Impact Statment also be use for a personal injury case? To be put before the judge the serious affect and life changing event of a very severe personal injury and the impact it has on a person life.

 

[McCrack]

In a PI action the details of the injury whether physical, mental, material would all be included in the pleadings so there is no need for them. In essence the damage the victim suffered is the basis upon which the action is made.