Victim impact statements

A victim impact statement explains how a crime has affected a victim. It includes issues such as financial loss, physical injury, property damage or loss, and emotional trauma suffered as a direct result of the crime.

If a person accused of a crime pleads guilty or is found guilty, a victim impact statement can be taken into account by the court in deciding the penalty.

Victim impact statements must be in the form of a statutory declaration. This is a written statement that you sign in front of an authorised person, such as a Justice of the Peace. You have the option of also making a verbal statement to the court.

Victim impact statements are voluntary – if you don't want to make one, you don't have to. If you do make a statement, copies are given to the magistrate, the prosecution and the accused or their lawyer.

The lawyer presenting the evidence against the accused (the ‘prosecutor’) may read out part or all of your statement to the court. It may be referred to by the magistrate during sentencing. You may be required to give evidence in court. The prosecution or the accused's lawyer may ask you questions about the information in your victim impact statement. The questions asked by the accused’s lawyer may be difficult or probing.

A victim impact statement does not entitle a victim to receive payment for any losses they may have suffered.

See the Department of Justice website (link below) for more information, including the A victim's guide to support services and the criminal justice system booklet.

More information

Attending court as a witness

Compensation and financial assistance

Help for victims of crime

Sexual assault: the law, your rights as a victim

Department of Justice – A victim's guide to support services and the criminal justice system 

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

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