ABSTRACT

Chapter 5 extends our findings, drawing on our interviews with both victims and justice professionals in relation to impact statements and sentencing processes across the research jurisdictions. The chapter focuses on a significant problem identified from the interviews and literature review, namely a pervasive lack of understanding of the purpose and use of victim impact statements in sentencing. In particular, we consider the model for impact statements developed in the Canadian context by Manikis, with specific reference to impact statements’ purpose, content, and reliability, the timeframes for completing statements, and the presentation of such statements. On the basis of our findings, we adapt Manikis’ model for the Australian context, in order to achieve consistency and clarity in the use of victim impact statements. We also examine the issues associated with victims choosing not to submit a statement. We end the chapter with a vignette about August, one of the victims we interviewed.