Victim Personal Statements: Your Voice in the Courtroom

Criminal proceedings can feel curiously impersonal to the people most affected by them. A case is prosecuted in the name of the Crown, evidence is tested according to strict rules, and the victim frequently appears in the process as a witness rather than as a person harmed.

The victim personal statement exists to address exactly that gap. It is the one part of the process where a victim's own account of the impact of a crime is put directly before the court.

Here is what it is, how it works, and what to consider before writing one.

It is separate from your witness statement.

This distinction causes a great deal of confusion. A witness statement sets out what happened, and forms part of the evidence in the case.

A victim personal statement is different. It describes how the offence has affected you: physically, emotionally, financially and in your daily life.

It is not evidence of what occurred and does not form part of proving the case. It is considered after conviction, at the point the court is deciding sentence.

You should be offered the opportunity.

Under the Code of Practice for Victims of Crime, commonly called the Victims' Code, victims are entitled to be offered the chance to make a statement.

In practice, the offer usually comes from the police at the point a witness statement is taken, or later from a witness care unit. Many victims report not fully registering the offer at the time, understandably, given the circumstances.

If you were not offered the chance, or declined initially and have changed your mind, it is worth asking. Statements can generally be made or updated later, including where the effects of an offence have become clearer over time.

Making one is entirely voluntary.

Nobody is obliged to make a statement, and choosing not to will not be held against you or the case.

Some victims find writing one valuable in itself, as a way of articulating an experience to someone who is required to listen. Others find revisiting it distressing and prefer not to.

There is no right answer, and the decision is yours alone.

There are limits on what you can include.

The statement should describe impact. That can cover physical injury, emotional and psychological effects, financial loss, effects on family, work, sleep, confidence, and whether you feel able to go to particular places or do things you did before.

What it cannot do is comment on what sentence the defendant should receive. Requests for a particular punishment, insults directed at the defendant, or allegations about other offences will be edited out or disregarded.

That restriction frustrates many people. The reasoning is that sentencing must follow guidelines applied consistently, rather than varying according to how strongly a particular victim expresses themselves.

The defence will see it.

A victim personal statement is disclosed to the defence, as fairness requires. That means the defendant will normally see what you have written.

This is worth knowing in advance, particularly where an offence involved someone known to you or where there are ongoing safety concerns.

You can raise concerns about specific details, such as an address or workplace, with the police or witness care unit before finalising the statement.

You can choose how it is presented.

If the defendant is convicted, you may ask for your statement to be read aloud in court. You can read it yourself, ask for the prosecutor to read it, or ask for it to be read by someone else.

Alternatively, you may prefer the judge or magistrates simply to read it privately. That option is used frequently and is entirely legitimate.

The final decision on whether a statement is read aloud rests with the court, but victims' wishes carry significant weight.

The court must take it into account.

Sentencing guidelines require courts to consider the impact of an offence on the victim, and a personal statement is a primary means of understanding that impact.

It will not change the legal framework. The offence, the guidelines and the aggravating and mitigating factors still determine the range available.

What it can do is ensure the court sentences with a genuine understanding of consequences, rather than working from the bare facts of the charge.

Support is available while writing it.

Victim support services operate across the North East and can help with drafting, understanding the process and preparing for a hearing. Support is generally available whether or not the offence was reported.

For bereaved families, a family impact statement performs a similar function in cases involving a death, and specialist support is available.

Court familiarisation visits can be arranged before a hearing, and special measures such as screens or a separate waiting area may be available for those attending.

Take your time with it.

There is no required length or format. A short, plain statement describing real effects is more powerful than a long one that strains for effect.

Concrete detail carries more weight than general description. Saying that you no longer take a particular route home, or that you have not slept through the night since, communicates more than a general statement of distress.

Write it, put it aside, and come back to it before submitting. Many people find the second draft is the one that says what they actually meant.

Share your thoughts.

Do you think victims are given a genuine voice in the sentencing process?