Victim Impact Statement

A prosecutor might seek out your view and ask for you to provide a victim impact statement.

If you decide to make a statement, police will usually keep your completed statement with the prosecution file. The prosecutor will give it to the judge when the court needs it. 

You will be asked to approve your statement before it can be submitted to the court. No one can change or rewrite your victim impact statement without your agreement.  

If you choose to provide one, a victim impact statement is an opportunity to tell the court how the crime has affected you. Your Court Victim Advisor or the Police officer in charge can help you write a statement. You do not have to do this alone.

The judge will consider your statement when sentencing the person charged with a crime.

A Victim Impact Statement is one of many things the judge must consider. It helps the judge understand the impact of the crime, but it does not decide the sentence by itself. 

Other than at sentencing, your statement may also be needed if:

• the defendant asks the judge for a sentence indication. A sentence indication gives the defendant an idea of the sentence they may get if they plead guilty.
• the defendant is unfit to take part in the court process. Your statement may be given to the court because a Disposition Hearing has been set.

Your victim impact statement is a chance to set out for the judge how the crime has impacted you.  A victim impact statement often a written statement, but it can also be recorded in another way if you want to and if the judge agrees, such as through photographs or drawings. 

You can update your statement before it is used if the effects of the crime have changed. The Ministry of Justice has published guidelines to help you prepare your victim impact statement:

• Adult Jurisdiction | Victim Impact Statement guidelines (PDF, 67 KB)
• Youth Jurisdiction | Victim Impact Statement guidelines (PDF, 51 KB)

You can provide a victim impact statement in te reo Māori or New Zealand Sign Language. 

For more information about court accessibility services, visit: 

Court accessibility services | Ministry of Justice(external link)

The defence lawyer will also usually see your Victim Impact Statement during sentencing, and the defendant may be shown it. This is because the judge may consider the statement when deciding the sentence.  
 
The defendant cannot keep a copy. Your contact details will not be shared. 

You can ask to read all or parts of your victim impact statement in court. You can also ask for the prosecutor or nominate another person to read it for you.

Under the Victims’ Rights Act 2002, victims of specified offences have the right to read their Victim Impact Statement out loud in court without having to ask unless the judge decides it would not be appropriate. Specified offences include:

• sexual offending
• serious assault
• an offence that caused serious injury, death or incapacity
• an offence that has caused the victim to have ongoing fears for their physical safety, or the safety of their family. 

Your statement may also be presented in another way, if the judge agrees. For example, it may be played as an audio or video recording or read remotely.

If you’re a victim-survivor of sexual violence, the judge can allow you to present your statement in a closed court if you choose. This means members of the public must leave the courtroom while your statement is read or presented.

It is normal to feel a range of emotions when writing and presenting a victim impact statement about what happened and how it has affected you.

You do not have to go through this alone. You can choose to have support from someone you trust, the Police officer in charge or a Court Victim Advisor.

More information about supporting organisations