This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how victim personal statements are considered during appeals in England and Wales. This comprehensive guide explains how courts treat victim statements in sentencing and appeal processes, your rights, procedural steps and practical implications for victims of crime.
Victim personal statements play a recognised role in the criminal justice process in England and Wales. They allow individuals affected by crime to explain, in their own words, how the offence has impacted them or their families. These statements are taken into account by courts when determining sentence after conviction. A frequent question is how these statements are treated if the defendant later appeals their conviction or sentence. This article explains key principles, legal context, procedural steps and practical implications, using authoritative sources and up‑to‑date legal guidance.
What Is a Victim Personal Statement?
A Victim Personal Statement (VPS) is a written explanation provided by a victim about how a crime has affected them emotionally, physically, psychologically or financially. It is distinct from a witness statement (which focuses on what happened in the offence) and focuses instead on the impact of the crime on the person. Victims may choose to read their statement aloud in court or have it read out on their behalf. The statement becomes part of the court papers and is disclosed to the defence, subject to the court's rules.
A VPS is a right under the Code of Practice for Victims of Crime (“Victims' Code”). The court must consider it when sentencing the offender to help inform the judge or magistrates about the harm caused by the offending behaviour.
VPS and the Initial Sentencing Hearing
At the original sentencing hearing, a VPS is taken into account alongside all other evidence about the offence and the offender. The statement provides context about harm and consequence but does not dictate the actual sentence. The sentencing court may use this information to determine where, within the relevant sentencing range, the appropriate punishment should fall. Opinions on what the sentence should be are not relevant; it is the effect of the offence on the victim that matters.
How Appeals Work in Criminal Cases
In England and Wales, an appeal may be lodged by:
- the defendant challenging conviction or sentence; or
- the prosecutor arguing that the sentence was unduly lenient.
Appeals are heard in higher courts such as the Court of Appeal (Criminal Division) or, in rare instances, the UK Supreme Court. Victims do not directly lodge appeals but have rights to receive information about the appeal and its outcome.
Appeals focus on whether there has been an error in law, fact or procedure at the original trial or sentencing hearing. They do not typically rehear all evidence afresh.
Are Victim Statements Considered in Appeals?
Yes. When an appeal concerns the sentence (for example, the defendant argues it was too severe), the Court of Appeal must take into account the VPS that was considered at the original sentencing hearing. This recognition ensures that the Court of Appeal sees the same contextual material about victim harm as the sentencing court did.
The Victims' Code states that the court will always take into account any VPS that was considered by the sentencing court when determining an appeal against sentence. It also acknowledges that, in most cases, no further VPS will be necessary for the appeal itself. However, if new information about the ongoing impact of the crime emerges, an updated or additional statement may be submitted to the appellate court through the police or Crown Prosecution Service (CPS).
What Happens If the Victim Wants to Submit More Information?
In general, the VPS given at the time of sentencing remains the material used by the Court of Appeal. The appellate process is not designed to gather fresh evidence or re‑evaluate all aspects of the original case; it is concerned with legal or procedural grounds for appeal.
That said, if there is significant new evidence about how the crime continues to affect the victim that was not available at the original sentencing, it may be possible to provide further material. Any such statement must be channelled through the police or CPS rather than submitted directly by the victim. This allows the appellate court to consider the continuing impact of the offence - where relevant - when reviewing sentence.
Can Victims Attend Appeal Hearings?
Victims have rights to information and attendance regarding appeals. The Victims' Code requires that victims are told about the appeal and its outcome, and, if they wish, to be offered the chance to attend the hearing. Special arrangements may be made where the offender and victim do not wish to be present in the same room.
While victims have these rights, the appellate court does not provide the same opportunity for victims to expand on their VPS at the appeal hearing itself unless there are exceptional circumstances. The central focus remains on legal issues rather than re‑evaluating the individual impact of the crime.
Practical Steps for Victims After a Sentence Appeal
If you are affected by a sentence appeal:
- Ask for updates from your Witness Care Unit or CPS contact about the status of the appeal and outcome.
- Request information about the appellate decision, including any changes in sentence or convictions, and explanations of legal reasoning.
- Discuss with your support provider (for example, Victim Support) whether additional information about continuing impacts should be provided to relevant authorities.
- Attend the appeal hearing if possible and if you choose to do so, ensuring you understand court procedures and what will take place.
Common Questions
Can a victim's statement change the outcome of an appeal?
A VPS itself does not determine whether an appeal succeeds. Appeals are decided on legal grounds. However, the statement shapes the context in which the appellate court understands the impact of the sentence being reviewed, and may be relevant to the court's overall assessment.
What if I missed giving a VPS before sentencing?
If no VPS was submitted at sentencing, it may be too late to submit one during the appeal. Victims should provide their statements at the earliest possible stage. After sentencing, victims may have opportunities to submit input to parole or tariff review processes depending on the offender's custodial status.
Do victims have to read their statement in court?
No. It is a choice whether victims read their statement themselves or have someone else read it on their behalf. In many cases, it is included in the sentencing bundle even if it is not read aloud.
Key Takeaways
Victim personal statements are an important part of the criminal justice process in England and Wales, giving victims a voice about how crime has affected them. These statements are considered during the original sentencing hearing and are also acknowledged by appellate courts when an offender appeals their sentence. The appeal process does not typically involve gathering new evidence, but courts must take into account the VPS already considered by the sentencing court. In exceptional situations, further information about ongoing impact can be submitted through formal channels.
Victims have rights to be informed about appeals, obtain outcomes and, if they choose, attend hearings. Understanding these procedures helps victims participate confidently in the justice system and ensures they are aware of how their perspectives are recognised by the courts.
