Victim statement scheme: consultation

Consultation on the proposed changes to the current victim statement scheme.


Annex B

Examples of victim statement schemes in other jurisdictions

England And Wales

All victims who report a crime are entitled to make a Victim Personal Statement (VPS) at the same time as giving a witness statement to the police. 

The Victims Commissioner reported that in 2018/2019, victims were given an opportunity to make statements in 14% of all incidents and 55% of those victims went on to make statements. This is down 2% on the previous year.

VPS are usually taken by the police, but the Victims’ Code also  allows for the VPS to be taken by “an organisation offering victim support services or another service provider” if arranged by the police. Statements are usually recorded in the same way as the witness statement. A victim has the right to read the statement out in court.

Northern Ireland

Any direct victim of a crime is eligible to make a VPS in Northern Ireland. 

The statement is made in writing and the victim is not entitled to read their statement aloud in court. The judge may refer to, or make public, as part of their sentencing comments, part(s) of the VPS.

Republic of Ireland

Victims in all criminal cases are eligible to make Victim Impact Statements.

There is no set form of Victim Impact Statement. It can be handwritten, typed, or given orally in court. If the statement is written or typed the victim should then give the statement to the Gardaí (police).

New Zealand

All victims of crime are entitled to make a Victim Impact Statement.

The Statements are usually presented to the judge in writing. However, some or all of the statement can be read aloud in court, either by the prosecutor or by the victim or someone else on their behalf. The judge usually must allow this if the case involves a sexual or violent offence, and in other cases the judge has a discretion to allow it. The prosecutor can also ask the judge to allow some or all of the victim impact statement to be presented in some other way, such as an audio recording of the victim speaking.

Contact

Email: victim.statement.consultation@gov.scot

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