The Sentencing Act 1991 (Vic) requires sentencing courts to consider the impact of the crime on victims, including any injury, loss or damage resulting directly from the offence.
Victoria also has a Victims’ Charter that sets out the rights of victims of crime in Victoria. The Victims’ Charter includes principles for the treatment of victims by government agencies in Victoria.
Victim Impact Statements
A victim impact statement is one way a court can determine the impact of a crime on a victim. All or part of the victim impact statement may be read or presented to the court at sentencing. It may include photographs, drawings, poems and other material relating to the impact of the offence on the victim.
Restorative Justice Conferencing
Restorative justice conferencing is another way that victims can be involved in the sentencing process (or the criminal justice process more broadly). At a restorative justice conference, people gather to discuss the effect of the crime on the victim. The people involved in the conference include offenders (people who committed the crime), victims (people affected by the crime) and victim support persons. Restorative justice conferences can be part of the court process or external to it.
Resources for People Affected by Crime
The Victorian Government offers free information and support to victims of crime and other people affected by crime in Victoria. The Victims of Crime website includes information about court processes and support for people affected by crime.
The Office of Public Prosecutions has a range of supports to help victims and witnesses of serious crime with the court process.
The Victims of Crime Commissioner is responsible for promoting the needs of victims of crime in Victoria. The Victims of Crime Commissioner website also includes information about the process for victims who wish to make a complaint about their treatment by the justice system.
The Judicial College of Victoria’s Victims and Witnesses resources include guidance on how judicial officers and court staff can influence a victim’s experience of the justice system.
The Victims of Crime helpline is open between 8:00 am and 7:00 pm Monday to Friday, and between 8:00 am and 5:00 pm on Saturday and Sunday. You can call the helpline on 1800 819 817 or text to 0427 767 891.
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