Search Legislation

The Victim Statement Regulations (Northern Ireland) 2016

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2016 No. 431

Justice

The Victim Statement Regulations (Northern Ireland) 2016

Made

7th December 2016

Coming into operation

1st February 2017

The Department of Justice, in exercise of the powers conferred by sections 33(6), 34(1), 34(2), 35(1) and 102(8) of the Justice Act (Northern Ireland) 2015(1), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Victim Statement Regulations (Northern Ireland) 2016 and shall come into operation on 1st February 2017.

Interpretation

2.  In these Regulations—

“chief clerk” includes such other civil servant in the Department of Justice as may be authorised to act on his behalf for the purpose in question;

“clerk of petty sessions” includes persons appointed as assistant or deputy clerks of petty sessions;

“public prosecutor” has the same meaning as in section 29(5) of the Justice (Northern Ireland) Act 2002(2); and

“writing” includes writing delivered by means of electronic mail.

Application

3.  These Regulations apply to cases where the Director of Public Prosecutions for Northern Ireland has the conduct of criminal proceedings.

Making a victim statement

4.—(1) A member of staff of the Public Prosecution Service for Northern Ireland is to afford a person the opportunity to make a victim statement.

(2) The opportunity to make a victim statement shall be afforded, either orally or in writing, as soon as reasonably practicable, after a decision to prosecute the accused for an offence is made.

Making a supplementary victim statement

5.—(1) A person who has made a victim statement may on request be afforded, either orally or in writing, an opportunity to make a statement supplementary to, or in amplification of, the victim statement unless, in all the circumstances of the case, it is impracticable to do so.

(2) A statement made under paragraph (1) is referred to in these Regulations as a supplementary victim statement.

(3) The opportunity to make a supplementary victim statement is to be afforded by—

(a)a member of staff of Victim Support Northern Ireland;

(b)a member of staff of the National Society for the Prevention of Cruelty to Children; or

(c)a family liaison officer of the Police Service of Northern Ireland.

Use of victim statement

6.—(1) A victim personal statement, or any supplementary victim statement, is to be considered by the court to be evidence of the facts and matters therein.

(2) If not served at an earlier stage in accordance with any obligation to disclose, a public prosecutor shall serve a copy of the victim statement and any supplementary victim statement on the defence a reasonable time before the court determines sentence.

(3) A public prosecutor shall serve a copy of the victim statement and any supplementary victim statement on the chief clerk or, as the case may be, the clerk of petty sessions a reasonable time before the court determines sentence.

Sealed with the Official Seal of the Department of Justice on 7th December 2016

Legal seal

Claire Sugden

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Regulations)

Sections 33 to 35 of the Justice Act (Northern Ireland) 2015 make provision for a victim to be afforded an opportunity to make a written victim statement. This includes a family member where a person cannot act on their own behalf or where the victim has died. An opportunity to make a written supplementary statement may also be afforded on request.

These Regulations apply to cases where the Director of Public Prosecutions for Northern Ireland has conduct of criminal proceedings and provide when, how and by whom the opportunity to make a statement and supplementary statement is to be afforded. The Regulations prescribe a member of staff of the Public Prosecution Service for Northern Ireland as the person that will afford the opportunity to make a victim statement. The opportunity to make a supplementary statement is to be afforded, on request, by a Family Liaison Officer of the Police Service of Northern Ireland, a member of staff of Victim Support Northern Ireland or a member of staff of the National Society for the Prevention of Cruelty to Children.

The Regulations provide for the use of the statement including serving of a copy of the statement on the defence and the chief clerk or, as the case may be, the clerk of petty sessions a reasonable time before the court determines sentence.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources