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In
Prince George, Victim Impact Statements
are available by calling
RCMP Victim Services
Ph. 250-561-3329 - 250-561-3300 - Fax 250-562-8331
AN INFORMATION GUIDE
Ministry of Attorney General
Criminal Justice Branch
What is a Victim Impact Statement?
A Victim Impact
Statement is a written description of how a crime has affected the victim.
A Victim Impact
Statement does not include a description of the crime or how the crime
occurred. That information should be included in your witness statement to
the police because it relates to the trial. The Victim Impact Statement is
used at sentencing if the accused is found guilty or pleads guilty.
Who may complete a Victim Impact Statement?
If you or a
family member have suffered economic loss, physical or mental injury or
significant emotional trauma because of an offence, you or that family
member may complete a Victim Impact Statement.
If a victim is
not able to complete a Victim Impact Statement, someone else, usually a
family member, may complete the Statement on the victim’s behalf. The
reason the victim cannot complete the Statement must be explained.
Do I have to complete a Victim Impact Statement?
No. Completing
a Victim Impact Statement is your choice.
Information in
a Victim Impact Statement is valuable to Crown Counsel and to the Judge
because it helps them fully understand how the crime has affected you.
How do I complete the Victim Impact Statement?
A Victim Impact
Statement should be written in your own words. Describe how the crime
affected you and your family. Avoid comments about the accused or about
sentencing.
If you are
concerned about contact with the accused, you should describe that concern
in your Victim Impact statement.
You may use the
questions enclosed or part of the enclosed form to assist you in preparing
your Victim Impact Statement. You do not have to answer any question if it
does not apply to you or if you do not wish to do so.
Crime can cause
physical, emotional or financial harm. The degree of harm done to the
victim is a factor, which the judge may use in assessing how serious the
offence is for the purpose of determining an appropriate sentence,
Financial Loss
Information
about financial loss serves two purposes. For many offences, the amount of
financial loss reflects the seriousness of the crime and can assist the
judge in deciding an appropriate sentence, if the accused is convicted.
As well,
information about the financial loss, depending on the circumstances and the
type of case, may permit the judge to make an order that the offender repay
the victim for those losses. A judge in the criminal case is more limited
in making such orders that a judge in a civil law suit but can make
restitution or probation orders that include losses such as:
·
the amount of an insurance deductible;
·
lost income;
·
medical, counseling or treatment expenses for moving, such as
temporary housing, food, childcare and transportation, if the victim and the
accused lived in the same household and the crime caused the victim to leave
that household.
·
The cost of any property that was damaged, lost or destroyed
and the cost of repairs or replacement.
Will I receive compensation for the financial
impacts I describe in my Victim Impact Statement?
Giving
information about the financial impact of the crime may lead to an order
that the offender repay your losses, but such orders are not automatic.
The Judge
decides whether to make such an order on the basis of the information about
the offence and the offender given to the Court at the time of sentencing.
If the offender
does not pay the order, further court action may be required, either by you
or by a probation officer, depending on the type of order.
Whether or not
the Judge orders the offender to repay you does not affect your right to
seek compensation through a civil lawsuit or to apply to the Criminal Injury
Compensation Program.
Information
about staring a civil lawsuit and about the enforcement of restitution
orders can be obtained at the Court Registry. For information about
eligibility for the Criminal Injury Compensation Program call
1-800-661-2112.
How will my Victim Impact Statement be used?
Your completed
Victim Impact Statement may be given to the Judge at the time of sentencing
or Crown Counsel may use the information you provide to tell the Judge about
the impact of the crime on you.
Crown Counsel
must provide a copy of your statement to the defense counsel or the accused
prior to sentencing.
The information
in your Victim Impact Statement can be used to assist the Court at bail
hearings, especially if you have indicated that you do not wish the accused
to have contact with you.
If your
statement is filed in Court, it may later be used by a federal parole or a
provincial probation officer or by the National or Provincial Parole Boards
to help them decide conditions of the offender’s release.
Can I update my Victim Impact Statement?
Yes, You can
add further information about the effect of the crime on you by giving a
signed update to Crown Counsel or Crown Victim/Witness Services.
Can someone help me with my Victim Impact
Statement?
Yes. A victim
service worker, friend, family member or caseworker in Crown Victim/Witness
Services may assist you if you are having difficulty describing in writing
how the crime has affected you.
If you have
concerns about the Statement reaching Crown Counsel before the next court
date, please call Crown Victim/Witness Services.
Where should I return my Victim Impact Statement?
When you have
finished your Victim Impact Statement, sign each complete page, attach them
to the cover page, date it and mail, fax, or bring all the pages to
The Victim Information Line can provide information
about available victim services. The toll free number is 1-800-563-0808.
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