Victim Impact

Overview

The 2010 Act reforms victim impact evidence and extends the entitlement of the victim to make an oral statement in a sentencing hearing to include family members of a homicide victim. The sentencing court was only obliged to take account and receive evidence where necessary from the direct victim of the crime.  This was usually in the form of a written report by a medically qualified person.

The  2010 Act requires a court where the direct victim has died, was ill or was incapacitated to take into account the effect of the offence on family members. In the case of a child under 14 or a person with a mental disorder, there is provision for the parent, guardian and another family member to make the victim impact statement on their behalf.

The absence of a victim impact statement is to not to give rise to an inference that the offence has little or no impact on the direct victim or family members.

The provisions apply  primarily to sex offences, offences involving violence, threat of violence or offences consisting of attempting or conspiring to commit aid, abet, counsel, procure indicting the commission of any violent or sexual offence.

Sexual Offences

In the case of sexual offences, offences involving violence, a threat to a person or an offence of attempting or conspiring to commit or aid, abet, counsel or procure any of the above offences, the court in determining the sentence to be imposed, shall take account where necessary and receive evidence and submissions concerning any effect, whether long term or otherwise of the offence on the person, in respect of whom the offence was committed.

The court shall hear the evidence of the victim, in relation to whom the offence was committed as to the effect on such person upon being requested to do so. When imposing a sentence for the above category of offence, the court shall take account and may, where necessary receive evidence or submissions concerning any effect of the offence on the victim. This includes, in the case of a person who has died or is otherwise incapacitated, a member of that person’s family.

Deceased Victim

Where the victim has died as a result of the offence, a family member may give evidence as to the effect concerned on the family members of the person concerned. Family members include spouses, children, grandchildren, uncles, aunts, brothers, sisters and persons in an equivalent de facto relationship.

In the case of a person who is ill or mentally incapacitated, may give evidence as to the effect on the person and on his family members. Persons who have been convicted of the offence concerned may not give evidence for this purpose.

Where more than one family member seeks to avail of the right to give victim impact evidence, the court may direct the family members to nominate one or more family members for that purpose. Where the court directs, the family members who so nominated and they are unable to reach an agreement, the court may having regard to the degree of relationship between the family members and the victim, may nominate one or more family members as it considers appropriate.

Where no evidence is given in relation to victim impact, the court shall not draw an inference that the offence had little or no effect, whether long-term or otherwise on the person in respect of whom it was committed or his family members, as the case may be.

Child etc.

Where the victim is a child under 18, the child or his or her parent or guardian, may give evidence as to the effect of the offence on the child. If the person is a person with a mental disorder, the person, his guardian or family member may give evidence as to the effect of the offence on him.

Where a person is ill or otherwise incapacitated as a result of the offence, a family member of the person may give evidence as to the effect of the offence on the person concerned.

Evidence may be given through video link in the case of a child or person with a mental disorder. Other persons may be permitted to give evidence by video link with the court permission, whether they may be inside or outside the State.

Provision is made for questioning of such a child via an intermediary appointed by the court.  The court may appoint an intermediary where the age of the child or the mental condition of a person with mental disorder is such that it is in the interest of justice that questions are put through an intermediary.

A child or person with a mental disorder, may on the application of the prosecution or the accused, if satisfied, having regard to their age or mental condition, that the interest of justice so require, give evidence through an intermediary. The intermediary is appointed by the court and is a person who in the court’s opinion is competent to act as such.

Broadcast

The court may order that victim impact evidence shall not be published or broadcast. Broadcasting in defiance of an order is an offence subject on summary conviction to a fine up to €5,000 or imprisonment of up to 12 months or both or indictment up to €50,000 or imprisonment up to three years or both. The offence may be prosecuted against bodies corporate.