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Practice Directions

Victim Personal Statements


1. This Practice Direction draws attention to a scheme which started on 1 October 2001, to give victims a more formal opportunity to say how a crime has affected them. It may help to identify whether they have a particular need for information, support and protection. It will also enable the court to take the statement into account when determining sentence.

2. When a police officer takes a statement from a victim the victim will be told about the scheme and given the chance to make a Victim Personal Statement. A Victim Personal Statement may be made or updated at any time prior to the disposal of the case. The decision about whether or not to make a Victim Personal Statement is entirely for the victim.

3. If the court is presented with a Victim Personal Statement the following approach should be adopted:

(a) The Victim Personal Statement and any evidence in support should be considered and taken into account by the court prior to passing sentence.

(b) Evidence of the effects of an offence on the victim contained in the Victim Personal Statement or other statement, must be in proper form, that is a S9 witness statement or an expert's report and served upon the defendant's solicitor or the defendant if he is not represented, prior to sentence. Except where inferences can properly be drawn from the nature of or circumstances surrounding the offence, a sentencer must not make assumptions unsupported by evidence about the effects of an offence on the victim.

(c) The court must pass what it judges to be the appropriate sentence having regard to the circumstances of the offence and of the offender taking into account, so far as the court considers it appropriate, the consequences to the victim. The opinions of the victim or the victim's close relatives as to what the sentence should be are therefore not relevant, unlike the consequence of the offence on them. Victims should be advised of this. If despite the advice, opinions as to sentence are included in a statement, the court should pay no attention to them.

(d) The court should consider whether it is desirable in its sentencing remarks to refer to the evidence provided on behalf of the victim.

Lord Chief Justice
16 October 2001



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