Victim Impact Statement in UK Law

Leading Cases
  • R v Goodyear (Karl)
    • Court of Appeal (Criminal Division)
    • 20 Abril 2005

    Once an indication has been given, it is binding and remains binding on the judge who has given it, and it also binds any other judge who becomes responsible for the case. If, after a reasonable opportunity to consider his position in the light of the indication, the defendant does not plead guilty, the indication will cease to have effect.

  • R v Grant Christopher Smith
    • Court of Appeal (Criminal Division)
    • 21 Julio 2015

    Mr Snudden got the appellant into a headlock and punched him in the face in self-defence, but at this point Mr Snudden felt disorientated and woozy. He lay down on the bed, at which point the appellant swung the baseball bat and struck him on the rear of his head. Such was the force of the blow that the bat broke into two pieces. Mr Snudden was, however, still capable of defending himself, and in due course the appellant left the property through the front door followed by Mr Snudden.

    In our view, given that there is such a marked disparity in the starting point between categories 1 and 2, the sorts of harm and violence which will justify placing a case within category 1 must be significantly above the serious level of harm which is normal for the purpose of section 18.

    The concept of sustained or repeated, in our view, imports some degree of persistent repetition. In order for a sentence to be compliant with the test of proportionality, the facts warranting the higher sentence should reflect the difference in the guidelines. We do not wish to be more specific or precise than this because we acknowledge that each case will entail a very fact-specific assessment.

  • Robert Perkins and Others v R
    • Court of Appeal (Criminal Division)
    • 26 Marzo 2013

    Experience has shown that in the overwhelming majority of cases, after a statement has been prepared, it is put before the sentencing court in the usual way, and then summarised, or sometimes in whole or in part read aloud in open court by the prosecuting advocate. The judge will always have read the statement himself, and may sometimes choose not only to indicate that it has been taken into account, but to quote any relevant passages in court.

  • R (Brooke and Others) v Parole Board
    • Court of Appeal (Civil Division)
    • 01 Febrero 2008

    Judging whether it is necessary for the protection of the public that a prisoner be confined is often no easy matter. What is necessary for the protection of the public is that the risk of re-offending is at a level that does not outweigh the hardship of keeping a prisoner detained after he has served the term commensurate with his fault. Deciding whether this is the case is the Board's judicial function.

  • R v McNally
    • Court of Appeal (Criminal Division)
    • 27 Junio 2013

    Thus while, in a physical sense, the acts of assault by penetration of the vagina are the same whether perpetrated by a male or a female, the sexual nature of the acts is, on any common sense view, different where the complainant is deliberately deceived by a defendant into believing that the latter is a male.

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Legislation
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... with such a requirement, makes a statement or representation knowing or believing it to be ... . (b) at the end insert-. . "(iii) the victim being (or being presumed to be) transgender, or". ... . . (c) limit the impact of crime. . (13) In making payments under ......
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... A or another family member has been a victim of domestic violence whilst the marriage or civil ... (a) the references to a statement under section 120 of the 2002 Act 33 include, but .... An impact assessment has not been produced for these ......
  • Coroners and Justice Act 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... make provision about the Commissioner for Victims and Witnesses; to make provision relating to the ... (third condition for admitting previous statement of witness as evidence of matter stated of which ... . . (c) the impact of sentencing decisions on victims of offences;. ......
  • The Parole Board Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (k) if available, a current victim personal statement setting out the impact the ......
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Books & Journal Articles
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Law Firm Commentaries
  • Authorised Push Payment Scams
    • JD Supra United Kingdom
    Following a super-complaint by Which?, the Payment System Regulator (“PSR”) investigated and consulted in 2016 and 2017 on whether and how victims of authorised push payment (“APP”) scams should be...
    ...... in 2016 and 2017 on whether and how victims of authorised push payment (“APP”) scams ... and the (financial or non-financial) impact of the scam on the particular victim. The ...This statement appears to add even more uncertainty to the ......
  • UK To Provide Compensation for Overseas Victims of Economic Crimes
    • JD Supra United Kingdom
    A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation. The UK’s Serious...
    ...... with compensation; however, important questions remain that will impact implementation. The UK’s Serious Fraud Office (SFO), the Crown ... (CPS) and the National Crime Agency (NCA) have released a joint statement in support of compensation for overseas victims of bribery, corruption, ......
  • UK To Provide Compensation for Overseas Victims of Economic Crimes
    • LexBlog United Kingdom
    A new UK policy establishes a commitment to providing victims of overseas bribery with compensation; however, important questions remain that will impact implementation. By Stuart Alford QC, Nathan...
    ...... with compensation; however, important questions remain that will impact implementation. By Stuart Alford QC, Nathan H. Seltzer, Joseph M. ... (CPS) and the National Crime Agency (NCA) have released a joint statement in support of compensation for overseas victims of bribery, corruption, ......
  • A Missed Opportunity? The Importance Of Disclosure In Criminal Proceedings
    • Mondaq UK
    ...... and crucially ensure minimal financial impact. Importance of early legal instruction. ... plea is to be entered, for a defence statement to be filed4. Once the statement has been served ... Victim Personal Statement. In the majority of cases, ......
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