Reforms introduced to State Parliament today will give victims of crime a stronger voice in South Australia’s criminal justice system.
The Malinauskas Labor Government has taken action on issues raised by victims and the former Commissioner for Victims’ Rights Bronwyn Killmier regarding the experiences of victims during the sentencing process, including some instances where eligible victims were unable to tender a victim impact statement.
Victim Impact Statements are an invaluable aspect of our criminal justice system that give victims of crime the opportunity to provide the sentencing court with a personal statement about the impact of injury, loss or damage suffered by them as a result of the crime.
Importantly, Victim Impact Statements may be considered by the court when determining the sentence for an offence and often have restorative and therapeutic value for victims.
Under the Government’s proposed reforms:
- The court must, on application by the prosecutor, adjourn sentencing proceedings to allow the victim to prepare their Statement where the victim has not had a reasonable opportunity to provide one or has requested more time;
- Victim Impact Statements will be received by the Courts in the victims’ own words;
- Victims will be given an express right to be informed about their entitlement to provide a Statement and how it may be used by the court.
Quotes
Attributable to Kyam Maher
Victims should have the right to tell courts in their own words exactly how an offender and their criminal actions have affected the victims’ lives.
Victim Impact Statements are an integral part of our criminal justice system and something we need to ensure operates effectively.
These reforms would amplify the voice of victims in sentencing. We want to ensure that victims are given every opportunity to participate in the sentencing process and feel their voices are valued.
After two stages of stakeholder consultation, I am pleased that the Government is able to introduce this bill that strikes the appropriate balance between the value of victim participation in sentencing and the interests of timely justice.
Separate to these reforms, I am pleased that the DPP has also recently updated the prosecutorial guidelines to make clear that a Victim Impact Statement should not be edited without the victim’s consent.
I would like to thank former Commissioner for Victims’ Rights Bronwyn Killmier for her advocacy in this important area, and current Commissioner Sarah Quick’s work in supporting the victims of crime in South Australia who require assistance throughout the criminal justice process.
