Crime victims and victims’ advocates have for many years called for greater input into the criminal process, and in particular at the stage of sentencing. Today, victims in almost all common law countries have the opportunity to participate in the sentencing process, usually by providing information about the impact of the crime. This impact evidence is placed before a sentencing court in the form of a victim impact statement (VIS) or victim personal statement (VPS) as it is known in England and Wales. This article reviews findings from the last few years of data from the Witness and Victim Experience Survey (WAVES) which was conducted by the Ministry of Justice. We review findings from the last administrations of the survey. In the most recent administration of the survey (2009–2010), less than half (43%) of victims recalled being offered a statement. Over the most recent three-year period (2007–2010), a comparable percentage (42%) of the victims recalled being offered the opportunity to make a VPS; almost half (45%) explicitly responded that they had not been given an opportunity to make a VPS. In addition, significant variation emerged across local justice areas. The percentage of victims reporting having been offered a VPS varied from a low of 29 per cent in London to a high of 63 per cent in Northumbria – a range of 34 per cent. These and other findings suggest that the VPS scheme is being inconsistently implemented across the country.
BoothTCarringtonK (2007) A comparative analysis of victim policies across the Anglo-speaking world. In: WalklateS (ed.) Handbook of Victims and Victimology. Cullompton: Willan.
2.
ChalmersJDuffPLeverickF (2007) Victim impact statements: Can work, do work (for those who bother to make them). Criminal Law ReviewDecember: 360–379.
3.
ChurchALangKLeighJ. (1995) Victims’ Court Assistance: An Evaluation of the Pilot Scheme. Wellington: New Zealand Department of Justice.
4.
Commissioner for Victims and Witnesses (2010) Green Paper Response. London: Commissioner for Victims and Witnesses of England and Wales.
5.
Criminal Justice Joint Inspection (2009) Report of a Joint Thematic Review of Victim and Witness Experiences in the Criminal Justice System. London: HMIC.
6.
Department of Justice Canada (1990) Victim Impact Statements in Canada: A Summary of Findings. Volume 7. Ottawa: Department of Justice Canada.
7.
EdwardsI (2009) The evidential quality of victim personal statements and family impact statements. International Journal of Evidence and Proof13: 293–320.
8.
ErezERobertsJV (2009) Victim participation in the criminal process: Normative dilemmas and practical solutions. In: ShohamSKnepperPKettP (eds) The International Handbook of Criminology. London: Francis and Taylor.
9.
FranklynR (2012) Satisfaction and Willingness to Engage with the Criminal Justice System: Findings from the Witness and Victim Experience Survey, 2009–10. Ministry of Justice Research Series 1/12. London: Ministry of Justice.
10.
GrahamJWoodfieldKTibbleMKitchenS (2004) Testaments of Harm: A Qualitative Evaluation of the Victim Personal Statements Scheme. London: Home Office.
11.
HallDJ (1991) Victims’ voices in criminal court: The need for restraint. American Criminal Law Review28: 233–266.
12.
HallM (2009) Victims of Crime: Policy and Practice in Criminal Justice. Cullompton: Willan.
13.
Home Office (1996) The Victims’ Charter. London: HMSO.
14.
HoyleCCapeEMorganRSandersA (1998) Evaluation of the ‘One Stop Shop’ and Victim Statement Pilot Projects. London: Home Office, Research Development and Statistics Directorate.
15.
Ipsos MORI (2009) Public Attitudes Survey for the Home Office Neighbourhood Crime and Justice Group. London: Ipsos-MORI.
16.
Judiciary of England and Wales (2011) Response to Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders. London: Judiciary of England and Wales.
17.
LeverickFChalmersJDuffP (2007) An Evaluation of the Pilot Victim Statement Schemes in Scotland. Edinburgh: Scottish Executive Social Research.
18.
Magistrates’ Association (2012) Active, Accessible and Engaged: The Magistracy in the 21st Century. London: Magistrates’ Association.
19.
ManikisM (2012) Recognizing victims’ role and rights during plea bargaining: A fair deal for victims of crime. Criminal Law Quarterly58 (in press).
20.
MastrocinqueJ (2010) Victim Input and Satisfaction: An Analysis of Victim Personal Statements. Doctoral Dissertation, School of Criminal Justice, State University of New York at Albany. Available at: Dissertations Abstract International.
21.
McDonaldSScrimK (2011) Canadians’ awareness of victim issues: A benchmarking study. Victims of Crime Research Digest4: 4–8.
22.
Ministry of Justice (2011a) Breaking the Cycle: Effective Punishment, Rehabilitation, and Sentencing of Offenders. London: Ministry of Justice.
23.
Ministry of Justice (2011b) Breaking the Cycle: Government Response. London: Ministry of Justice.
24.
Ministry of Justice (2012a) Getting It Right for Victims and Witnesses. London: Ministry of Justice.
25.
Ministry of Justice (2012b) Witness and Victim Experience Survey. London: Ministry of Justice.
26.
MooreLBlakeboroughL (2008) Early Findings from WAVES: Information and Service Provision. London: Ministry of Justice.
27.
MorganRSandersA (1999) The Uses of Victim Statements. London: Home Office, Research, Development and Statistics Directorate.
28.
Northern Ireland Department of Justice (2011) Provision of Victim Impact Statements and Victim Impact Reports: A Department of Justice Consultation. Belfast: Northern Ireland Department of Justice.
29.
Northern Ireland Department of Justice (2012) Key Performance Indicators: Victim and Witness Satisfaction Update. Belfast: Northern Ireland Department of Justice, Statistics and Research Branch.
30.
O’ConnellM (2009) Victims in the sentencing process: South Australia’s judges and magistrates give their verdict. International Perspectives in Victimology4: 50–57.
31.
RobertsJV (2003) Victim impact statements and the sentencing process: Recent developments and research findings. Criminal Law Quarterly47: 365–396.
32.
RobertsJV (2009) Listening to the crime victim: Evaluating victim input at sentencing and parole. In: TonryM (ed.) Crime and Justice. Chicago, IL: University of Chicago Press.
33.
RobertsJVEdgarA (2006) Judicial Attitudes to Victim Impact Statements: Findings from a Survey in Three Jurisdictions. Ottawa: Policy Centre for Victim Issues, Department of Justice Canada.
34.
RobertsJVErezE (2010) Victim impact statements at sentencing: Expressive and instrumental purposes. In: Hearing the Victim: Adversarial Justice, Crime Victims, and the State. Cullompton: Willan.
35.
RobertsJVManikisM (2011) Victim Personal Statements at Sentencing: A Review of the Empirical Research. London: Office of the Commissioner for Victims and Witnesses of England and Wales.
36.
ShaplandJAtkinsonAColledgeE (2004) Implementing Restorative Justice Schemes. Home Office Online Report 32/04. London: Home Office.
37.
ShaplandJHallM (2010) Victims at court: Necessary accessories or principal players at centre stage? In: BottomsARobertsJV (eds) Hearing the Victim: Adversarial Justice, Crime Victims, and the State. Cullompton: Willan.
38.
TapleyJ (2005) Political rhetoric and the reality of victims’ experiences. Prison Service Journal158: 45–52.
39.
TobolowskyP (1999) Victim participation in the criminal justice process: Fifteen years after the president’s task force on victims of crime. Journal of Criminal and Civil Confinement25: 21–92.
40.
Victim Support (2011) Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders. London: Victim Support.
41.
Victoria Victims’ Support Agency (2009) A Victim’s Voice: Victim Impact Statements in Victoria. Melbourne: Victoria Victims’ Support Agency.
42.
WalklateS (2002) Victim impact statements: Voices to be heard in the criminal justice process? In: WilliamsB (ed.) Reparation and Victim Focused Social Work. London: Kingsley.
