Justices Amendment (Victim Impact Statement) Rules 2004
The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .
1Short titleThese rules of court may be cited as the Justices Amendment (Victim Impact Statement) Rules 2004 . 2CommencementThese rules of court take effect on the day on which section 7 of the Sentencing Amendment Act 2002 commences. 3Principal RulesIn these rules of court, the Justices Rules 2003 are referred to as the Principal Rules. 4Part 9A insertedAfter rule 54 of the Principal Rules , the following Part is inserted: PART 9AVictim Impact Statements 54AInterpretation In this Part – Court means a court of summary jurisdiction within the meaning of the Justices Act 1959 ; victim impact statement means a statement furnished under section 81A of the Sentencing Act 1997 by a victim of an offence. 54BDuty of victim to provide copies of victim impact statement (1) A victim who wishes to furnish to the Court a victim impact statement is to provide the original of the statement to the prosecutor, and the prosecutor is to provide a copy of the statement to – (a) the offender; or (b) if the offender is represented, his or her counsel. (2) On providing the statement under subrule (1), the victim is to advise the prosecutor whether he or she wishes to read the statement to the Court. 54CProvision of victim impact statement to Court The prosecutor is to – (a) provide to the Court any victim impact statement relating to an offence which has been provided by a victim of the offence; and (b) inform the Court whether the victim has requested to read the statement to the Court. 54DReading of victim impact statement (1) A victim impact statement is to be read to the Court before the Court passes sentence on the offender. (2) The statement is to be read to the Court by – (a) the victim if he or she has requested it; or (b) the prosecutor in any other case. 54EPostponement of reading of victim impact statement If a victim has requested to read a victim impact statement to the Court but is not present in Court, the Court may postpone the reading of the statement and is to cause notice of the time fixed for the reading of the statement to be given to the victim. 54FPower of victim to amend victim impact statement Subject to rule 54G, a victim who has furnished a victim impact statement may amend the statement at any time before it is read to the Court. 54GPower of Court to exclude irrelevant material If the Court so directs, a victim is not to read out to the Court any part of the victim impact statement that the Court considers to be irrelevant to the proceedings. 54HPower of victim to withdraw victim impact statement A victim who has provided a victim impact statement may withdraw the statement at any time before it is read to the Court and, if he or she does so, the statement is not to be read to the Court. 54IRequirements for victim impact statement A victim may furnish to the Court only one victim impact statement and the statement – (a) is to be legible; and (b) is to be in the English language; and (c) may be either printed or handwritten; and (d) except with the leave of the Court, may not be longer than 20 pages, inclusive of medical reports and other annexures; and (e) may, but need not, be in a form approved by the Chief Magistrate. These rules of court were made by the Magistrates Rule Committee at a meeting held on 23 December 2004.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
SHAN TENNENT
Member
P. F. DIXON
Member
I. R. MATTERSON
Member
H. M. WOOD
Member
S. F. MOLLARD
Member
M. RAPLEY
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 December 2004
These rules of court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule) These rules of court amend the
(a) enabling a victim of an indictable or prescribed offence to furnish the Magistrates Court with a victim impact statement to be read to the Court where the offender pleads guilty or is found guilty of the offence; and (b) prescribing the rules and requirements to be observed in preparing a victim impact statement; and (c) prescribing the rules and requirements to be observed when a victim impact statement is read to the Court.