Victim impact statement
If you are a victim of a violent or sexual crime, or a family member of a harmed victim, you have the right to choose to make a victim impact statement to tell the court how the crime affected you.
Victim impact statement (District, Supreme and Childrens Court)
This statement is different to your police statement and is used during sentencing after a guilty plea or verdict to help the judge understand the impact the crime has had on you.
A victim impact statement can be typed, handwritten, drawn, or may be provided via phone.
Providing a victim impact statement allows you to take an active part in the criminal justice process.The judge can consider the impact of the crime on you when passing sentence. However, victims are not obliged to make a victim impact statement. If you decide not to make a victim impact statement, the court will not assume the crime had little or no impact upon you. It is your right to make a statement, but also your choice.
How is the victim impact statement presented
You do not have to attend the sentence hearing unless specifically asked to attend.
You can choose to read the statement yourself—in person, by video or by phone—or you can choose to have it presented to the court for you by the crown prosecutor. Your victim liaison officer (VLO) will arrange a meeting with the crown prosecutor if you are required to attend.
Who receives a copy of the statement
Multiple parties, including court staff, the judge, defence lawyers, and the offender, will receive copies of your victim impact statement. If read in court, it will be heard by those present and recorded. Others, such as the media, may access it under Right to Information laws.
Support to prepare a victim impact statement
There is support available to help you to write or review your victim impact statement. Your VLO will be able to discuss the support services available for assistance including VictimConnect, call 1300 318 940 or PACT, call 1800 449 632. Please let your VLO know if you require assistance and they will refer you to a service for support.
There is no set style for a victim impact statement, but it must be in your own words. You can include bullet points, photos, poems or drawings in your statement to help tell your story. There are no rules about how long or short it should be.
As a general guide, when preparing your victim impact statement, you should:
- focus on the impact of the convicted crime, such as physical injuries, emotional harm, and financial loss.
- avoid opinions about the offender or suggested punishments.
- support your statement with evidence such as medical reports or receipts.
- hand write or type your statement.
How to submit a victim impact statement
Once written, sign, date the statement, and submit it to your VLO. If you are not able to email, print, scan or post your victim impact statement, please contact your VLO to discuss options available.
Victim impact statement (Mental Health Court)
If you are a victim in a Mental Health Court case, you can provide a specialised victim impact statement, which is different from a victim impact statement used in other courts. This statement explains how the violent crime has affected you and is considered if the accused is found of unsound mind or unfit for trial. The court uses it to decide what type of order to impose and its conditions.
Your statement should focus on:
- your or a close relative’s view of the risk the accused poses
- requests for conditions to prevent contact
- physical injuries and their impact
- emotional effects on you and your family
- financial losses
- reflections if the crime caused a death.
Avoid including crime details, other offences, unsupported medical conditions, facts, opinions on the accused’s character, or offensive language.
Your statement will be read by legal staff, the judge, clinicians, and the chief psychiatrist’s lawyer. The accused generally won’t receive a copy unless the court permits it. It will also be shared with the Mental Health Review Tribunal.
Submit your statement by emailing your VLO at odppvlomentalhealth@justice.qld.gov.au before the hearing date, or discuss other submission options with them.
For help writing your statement, your VLO can refer you to the Queensland Health Victim Support Service (QHVSS), which you may also contact directly.
More information
Our victim liaison service can refer victims and witnesses of violent crime, sexual or domestic violence offences in Queensland to support services such as financial assistance, court support or counselling.