Assistance to and Protection of Victims of Crime and Witnesses Act 2023 · As enacted · Part II · Rights and Entitlements of Victims of Crime and Witnesses
8. Victim impact statement
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
A victim of crime shall have the right to make a statement in writing (in this Act referred to as the “victim impact statement”) to the court or Commission to describe the manner in which the offence alleged to have been committed has impacted him physically, emotionally, psychologically, financially, professionally or in any other manner.
Where any victim of crime is unable to make, or incapable of making, such victim impact statement due to any reason acceptable to the court or Commission, any other person on behalf of the victim of crime as may be permitted by the court or Commission may make such statement.
The victim impact statement shall consist of –
a victim personal statement; and
a victim impact report.
A victim personal statement referred to in paragraph (a) of subsection (3) -
shall set out the physical, emotional, psychological, financial, professional or other impact of the offence on the victim of crime;
may contain a statement, where applicable, whether the offence has been motivated by the age, gender, ethnicity, faith, religion, sexuality or disability of the victim of crime;
may state whether the victim wishes to claim compensation or requires any assistance as provided for in this Act.
A victim impact report referred to in paragraph (b) of subsection (3) shall be a report issued by a medical expert or psychologist and shall-
contain an opinion on the traumatic impact of the offence on the victim of crime; and
contain a report on needs assessment of the victim of crime, consequent to the impact of the offence on the victim of crime.
The victim personal statement and victim impact report made by a victim of crime or any other person on his behalf to a court or Commission shall be made available to the defence, and the victim of crime or other person who made such statement or the medical expert or psychologist who issued the victim impact report may be summoned to give evidence at any proceedings before such court or
Commission.
A court or Commission may, at any stage of the proceedings and with notice to the defence, call for a victim impact statement from the victim of crime or any other person on behalf of the victim of crime and the provisions of subsection (6) shall apply in relation to such victim impact statement.
Part III
Offences Against Victims of Crime and Witnesses
Part IV
Entitlement of a Victim of Crime or Witnesses to Seek Protection
Part V
Establishment of the National Authority for the Protection of Victims of Crime and Witnesses
Part VI
Appointment of the Director-General and Staff of the Authority
Part VII
Victims of Crime and Witnesses Assistance and Protection Division
Part VIII
The Assistance and Protection Programme for Victims of Crime and Witnesses
Part IX
Compensation and Interim Awards
Part X
Testimony Through Contemporaneous Audio-Visual Linkage
Part XI
Finance
Part XII