When a crime has taken place the State prosecutes the offender and the victim has no right to be present at the case, and unless called as a witness they can only watch from the public gallery. When they are called as a witness they can only answer questions put to them, they cannot comment on the offender, the case, or the impact it has had on them and their family. Neither are they part of the initial investigation and do not have to be updated as to the progress of the case. Most importantly they have no right to be involved in sentencing, including plea bargaining or discussions in dismissing the case altogether. This led many victims to say that they feel frustrated and alienated from the justice system, where both the process and the outcome of court procedures fail to take proper account of their perspective (Strang and Sherman, …show more content…
Later in 2006 the Victorian parliament passed legislation called the Victim’s Charter Act (2006). The Charter sets out twelve principles that criminal justice and victims’ support agencies are required to follow when dealing with victims of crime. One of the principles is to allow victims to make a Victim Impact Statement. A Victim Impact Statement is usually prepared by the victim of crime or their family and friends and presented to court at the plea hearing before sentencing. The statement allows the court to consider the impact the offence has had on the victim, and/or their family and friends. It also provides the victim with a public forum in which to communicate a message to the court about the harm they had sustained, an opportunity to be recognised as the injured party and a measure of achieving psychological catharsis. (Erez 1991 (1)). There are strict rules around what the Victim Impact Statement can contain. The statement can only describe the emotional, physical, financial and social affect the crime has had, not the details of the crime, the offender or any other facts relating to the