Impact statement for victims of crime
Every victim of crime should be given the opportunity to have their voice heard during the criminal justice process. Making a Victim Personal Statement (VPS) enables the victim to explain the impact of the crime in their own words. The VPS will help the criminal justice system (whether it is the police, the prosecutor or the court), to make a decision on the support and services that the victim or their family may need. It helps criminal justice agencies to gain an understanding of the impact of the offence on the victim and may allow the offender to hear about the implications of their actions.
A Victim Personal Statement (VPS) can be given to the police (or an agency or organisation assigned by the police to take the VPS on their behalf) by the victim of a crime at any time prior to the sentencing of the offender. It is an oportunity for the victim to tell the criminal justice system about the crime and the impact it has had, whether physically, emotionally, psychologically, financially or in any other way.
A Victim Personal Statement (VPS) is different from a witness statement which mainly focuses on the crime against the victim such as what was said or heard in the incident, rather than the impact of the crime. The court will take into account the impact of the offence as set out in the VPS, as far as it considers appropriate, when determining the appropriate sentence for the offender. Sentences are decided based on the harm caused or intended and the nature of the offender's role - so the impact on the victim is an important consideration in determining the offender's sentence.
A Victim Personal Statement (VPS) can subsequently be updated for submission to the Parole Board www.paroleboard.gov.uk as part of the offender's parole review. The purpose of this VPS is to tell the Parole Board the impact of a crime on the victim and to enable them to assess whether it is safe to release the offender or to move them to an open prison.
The police must offer the opportunity to make a VPS to the following people:
- any victim at the time they complete a witness statement about what has happened;
- victims of the most serious crime (including bereaved close relatives), persistently targeted victims, and vulnerable or intimidated victims, irrespective of whether or not they have given a witness statement about what happened;
- a parent or carer of a vulnerable adult or of a young victim under the age of 18 unless it is considered not to be in the best interests of the child or vulnerable adult.
In addition the police may offer the opportunity for a victim of crime to make a VPS whether or not they make a witness statement where it seems appropriate.
If the victim of crime is under the age of 18, then they, their parent or guardian will be able to make VPS to explain how a crime has affected the victim.
Bereaved close relatives of a victim who died a result of criminal conduct are also entitled to make a VPS at any time prior to the sentencing of the offender.
Impact Statement for Business (ISB)
If your business has been a victim of crime and you report this to the police, you can make an Impact Statement for Business (ISB). The ISB gives you the opportunity to set out the impact that a crime has had on the business such as direct financial loss, and wider impacts, e.g. operational disruption or reputational damage. The court will take the statement into account when determining sentence.
All businesses and enterprises (including charities but excluding public sector bodies), of any size may make an ISB through a nominated representative.
See.
https://www.gov.uk/government/publications/victim-personal-statement
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/264625/victims-vps-guidance.pdf
https://www.cps.gov.uk/sites/default/files/documents/legal_guidance/joint-agency-guide-victim-personal-statement_0.pdf
https://www.victimsupport.org.uk/help-and-support/your-rights/victim-personal-statements
https://www.gov.uk/guidance/the-parole-boards-commitment-to-victims-of-crime
The Code of Practice for Victims of Crime (Victims' Code) sets out the statutory obligations of the CPS and other criminal justice agencies to victims of criminal conduct which occurred in England and Wales: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/476900/code-of-practice-for-victims-of-crime.PDF
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