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Going to Court
Victim Impact Statements: Only YOU know how this crime affected you
What is a victim impact statement?
A victim impact statement is a written statement that you can prepare for the court if you have been affected by a crime. Your statement tells the court in your own words about the harm done to you by the crime. It is your chance to have a voice in the criminal justice system. The court will consider your victim impact statement, along with other information, when it sentences the offender.
Who will tell me if I can prepare a victim impact statement?
When you report a crime to the police, an officer will give you a 'referral card'. This card has general information about services for victims of crime. If somebody is charged with a crime in the case, contact Victim Services about preparing a victim impact statement.
Who can make a victim impact statement?
Anyone affected by a crime may prepare a victim impact statement if the person charged with the crime is convicted. Generally, this includes:
- A victim of the crime - A person who was directly harmed by the crime, or suffered physical or emotional loss because of the crime.
- The parent or guardian of a child victim
- The spouse or any relative of the victim - Particularly when the victim is deceased or incapacitated, others indirectly impacted by the crime, such as a spouse or relative, may wish to prepare a victim impact statement.
- A representative of the victim - If the victim is unable to make a statement, someone who is responsible for the care or support of the victim may make a victim impact statement.
Do I have to make a victim impact statement?
Preparing a victim impact statement is voluntary.
What information can I put in the victim impact statement?
The information in your statement should accurately describe the harm done to you because of the crime. You can only refer to the impact of the crime for which the offender was just found guilty. You can give details of the physical, emotional, medical and financial effects of the crime on you. You can explain how it affected your relationship with others. Your statement is not the place to make complaints about the handling of the case or to offer opinions on the offender's character or the justice system.
Here are some things to consider when preparing a statement:
Did you have physical injuries from the crime? Were they temporary or permanent?
Did you require medical or dental treatment?
Do you have persistent pain? Will you require further treatments? Have you had expenses that are not covered by your insurance? For example, expenses to repair the damage or replace property lost in the crime.
Have you lost your ability to work or lost wages because of the crime?
Has the crime impacted on your relationship to other members of your family?
Do you have emotional stress requiring counselling? Do you experience anxiety, depression, desperation, nightmares, sleep disorders?
If the victim is dead, what effect has the death had on remaining family members?
When can I give my victim impact statement to the court?
In New Brunswick, you may prepare a victim impact statement for the court after the accused person pleads guilty or is found guilty, but before sentencing. Victim Services staff will file your completed statement with the court. If you make a victim impact statement the judge will consider it when sentencing the accused.
A court or Review Board will also consider your written victim impact statement when dealing with an accused person found "not criminally responsible" because of a mental disorder.
Can I read my victim impact statement aloud to the court?
Yes. At your request, the judge will allow you to read your victim impact statement at the sentencing hearing. When you read it you cannot change or add to it in any way. In some cases, for example if you are from out of town, the court may let you present the statement in any manner it considers appropriate such as videotape or audiotape. Your original victim impact statement must be filed with the court in writing even if you do plan to read it at the sentencing hearing. You do not have to read your written statement in court.
Can I ask the court to keep my victim impact statement confidential?
No. Once you file your victim impact statement with the court copies are sent to the crown prosecutor, the offender, or the lawyer for the offender. At the sentencing hearing, which is open to the public, the judge may present information in the statement.
Criminal justice officials may consider your victim impact statement in other proceedings, such as when an offender requests parole or when person found not criminally responsible is being considered for release from hospital after treatment.
Do I have to go to the sentencing hearing?
The court does not usually require you to attend the sentencing hearing. You can be present if you wish. However, if the judge presents information from your victim impact statement at the hearing, the offender's lawyer may wish to question you about it. The court will let you know if you are required to testify at the sentencing hearing.
What if the accused person is convicted and I was not aware that I could prepare a victim impact statement?
Before handing out the sentence, the judge will ask whether you were told about the opportunity to prepare a victim impact statement. If you did not know you can ask to prepare one. The court may be adjourned so that you can do so.
Who can help me prepare a victim impact statement?
You can get information and assistance on how to prepare a Victim Impact Statement form from the New Brunswick Department of Public Safety, Victim Services. Victim Services staff can give you guidance and tell you what kind of information is appropriate and inappropriate to include in a statement. They will also file your completed statement with the court.
For more information phone the Victim Services Office nearest you:
Bathurst……………. 547-2924
Burton……………… 357-4035
Campbellton………… 789-2388
Edmundston………… 735-2543
Fredericton………….. 453-2768
Miramichi…………… 627-4065
Moncton…………….. 856-2875
Richibucto…………….. 523-7150
Saint John……………. 658-3742
Shediac……………….. 533-9100
St. Stephen……………. 466-7414
Tracadie-Sheila……….. 394-3690
Woodstock…………….. 325-4422
Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit organization. Its goal is to provide New Brunswickers with information on the law. PLEIS-NB receives funding and in-kind support from the Department of Justice Canada, the New Brunswick Law Foundation and the New Brunswick Department of Justice. This pamphlet does not contain a complete statement of the law in this area and laws change from time to time. Anyone needing advice on his or her specific legal position should consult a lawyer.
Jointly Published by:
Public Legal Education and
Information Service of New Brunswick
P.O. Box 6000
Fredericton, NB
E3B 5H1
Telephone: (506) 453-5369
Fax: (506) 462-5193
Email: pleisnb@web.ca
www.legal-info-legale.nb.ca
Reprinted August 2004
ISBN 1-55236-599-9
 Back to Information for Victims
Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
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