Victim impact statements

Victims of certain types of offences are entitled to provide the sentencing court with a written personal statement (called a victim impact statement) about the impact of the injury, loss or damage suffered as a result of the offence.

To be entitled to provide a victim impact statement, a person must have suffered injury, loss or damage as a result of an indictable offence or a summary offence (other than assault) that resulted in death, total incapacity or serious harm [Sentencing Act 2017 (SA) s 14].

A person entitled to provide a victim impact statement must be informed of that right [Victims of Crime Act 2001 (SA) s 9C(a)]. They must also be told how the court will use the impact statement and the circumstances in which the material they have provided may be disregarded or not read aloud to the court [s 9C(b)].

A victim will usually be given an opportunity to read their impact statement aloud to the court [Sentencing Act 2017 (SA) s 14(2)(a)]. This usually occurs in the presence of the defendant [s 14(4)]. The court may make special arrangements as it would for a vulnerable witness.

If the victim does not wish to read the statement aloud, the statement may be read to the court by another [s 14(2)(b)]. The statement can also be considered by the court without being read aloud [s 14(2)(c)].

Statements must comply with the law and the rules of the relevant sentencing court.

The defendant or the defendant's lawyer must be given a copy of the statement beforehand and the defendant is entitled to make submissions to the sentencing court about the statement [s 16].

Community impact statements

The prosecution or the Commissioner for Victims' Rights may provide a sentencing court with

A community impact statement may be read aloud by the prosecution or another suitable person unless the court considered it inappropriate [s 15(3)].

Other impact statements

From 1 April 2025, a sentencing court may receive an impact statement from a person who has suffered injury, loss or damage due to the death or total incapacity of another, where the death or serious injury is a result of conduct occurring in connection with the commission of an offence [s 15A(1)].

This is intended to allow the court to receive an impact statement where there may be some uncertainty as to whether harm suffered was as a result of offending or simply occurred in connection with offending.

Conduct will be taken to occur in connection with an offence if it occurs in circumstances arising out of the offence or as a result of any physical element of the offence or otherwise arises from any act or omission by the offender that is proximate to the offence [s 15A(4)].

The same rules and procedures that apply to victim impact statements will apply to these other impact statements [s 15A(2)].

For more information, visit the Commissioner for Victims' Rights website.