216. When taking a Victim Personal Statement, the Service Police or other service provider must ask the victim whether he or she wants the Victim Personal Statement to be read aloud or played (if recorded) if the matter proceeds to a Service court. The Service Police must also ask the victim whether they would prefer to read the statement aloud themselves or whether they would like the Service Prosecuting Authority advocate to do this on their behalf. The Service Police must explain to the victim:
(1) that their Victim Personal Statement does not have to be read aloud if they do not want it to. It should be explained to the victim that they can change their mind and choose not to have their Victim Personal Statement read aloud;
(2) that the victim may be questioned on the Victim Personal Statement in court or Summary Hearing;
(3) the risk to the victim’s privacy;
(4) that the contents of the Victim Personal Statement may be reported by the media if the case is heard in a Service court; and
(5) that ultimately it is a matter of judicial discretion as to whether the statement is read out (and by whom) or played (where recorded) in full or in part, in court.
Commencement Information
I1Sch. para. 216 in force at 16.11.2015, see reg. 1