This guide is maintained as a current resource for July 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.
Discover how victim statements (Victim Personal Statements) are handled in criminal court proceedings in England and Wales, including when and how they are made, their role in sentencing, rights under the Victims' Code and what victims can expect throughout the process.
Victim statements are an important part of the criminal justice process in England and Wales. They give victims a formal way to explain how a crime has affected them and to have their experiences considered by decision‑makers, particularly at sentencing. This guide explains the legal process for making, handling and presenting victim statements during criminal proceedings, what victims can expect, and how the system respects rights and practical realities.
What Is a Victim Statement?
A victim statement - often referred to as a Victim Personal Statement (VPS) or Victim Impact Statement - is a written account by a person harmed by a criminal offence detailing the effect of the crime on their life. It is separate from a witness statement, which focuses on facts about the crime itself. Victim statements focus on the impact of the offence, such as physical injury, emotional distress or financial loss.
The right to make a VPS is recognised under the Code of Practice for Victims of Crime in England and Wales (Victims' Code). Victims can explain, in their own words, how the crime has affected them, whether physically, emotionally, financially or in other ways.
Who Can Make a Victim Statement?
- Any direct victim of a criminal offence can make a statement.
- If the victim is under 18, vulnerable or physically or mentally incapable, a parent, guardian or carer can help prepare and submit the statement.
Making a victim statement is voluntary - victims are not required by law to submit one, and choosing not to provide a statement does not negatively affect the criminal case.
When and How Victim Statements Are Made
Submission
Victim statements are usually taken:
- When the victim gives their witness statement to the police, or
- After the suspect has been charged with an offence.
Police or the Witness Care Unit will provide victims with the process for making a VPS, often including a form to complete and return by a specified date.
What to Include
Victim statements commonly include:
- How the crime has affected health (physically and mentally)
- Financial losses directly associated with the offence
- Emotional or psychological impact
- Any ongoing effects, such as disrupted relationships or reduced confidence
- Worries about defendant bail or future safety concerns
Victims should avoid including details about the facts of the crime itself, as that is covered by witness statements and the trial process.
Once a victim statement is submitted it becomes part of the court papers. Victims cannot withdraw it, though they may make additional statements to clarify or update the impact before sentencing.
How Victim Statements Are Used in Court
During the Trial
Victim statements are not normally read out during the trial's guilt or innocence phase. Instead, they form part of the prosecution papers and may inform how the Crown Prosecution Service (CPS) makes decisions, including charges and case progression.
Defendants and their legal representatives usually have the opportunity to see the victim statement before sentencing, and - as with other evidence - may ask questions about its contents if the court deems this relevant.
At Sentencing
If the defendant pleads guilty or is found guilty after a trial, the court will consider the victim statement as part of sentencing. The judge or magistrate can take the victim's account of harm into account when determining an appropriate sentence within the legal range. Victim statements give context on the seriousness and impact of offending behaviour.
In many cases, victims are offered the option to:
- Read their statement aloud in court,
- Or have it read by someone else (for example, a family member or a prosecutor). The court will decide what parts, if any, are read, taking the victim's preference into account unless there is good reason not to.
Whether the statement is read aloud or simply considered by the judge, it remains part of the sentencing process.
Special Situations and Support
Victim and Witness Support
Victims are typically supported through the process by:
- Victim Support services, which can help with writing and understanding VPS;
- Witness Care Units, which keep victims informed at each stage and arrange practical support;
- Police contact officers, who help ensure victims understand court dates, processes and statements.
The Victims' Code also gives victims rights to information about the progress and outcome of the case.
Vulnerable or Intimidated Victims
If a victim is vulnerable, intimidated or anxious about attending court, special measures such as using screens, live video links, or support persons may be available to minimise distress while preserving the integrity of evidence presentation.
Practical Considerations and Common Questions
Do Victim Statements Affect Guilt or Innocence?
No. Victim statements do not prove guilt or innocence. That determination is made based on evidence presented in the trial, including witness testimony and legal arguments. VPS are primarily used at sentencing to inform the court about impact, not at the stage where a defendant's guilt is determined.
Can Statements Be Changed?
Once submitted, a victim personal statement becomes part of the official record and cannot be withdrawn. However, victims can provide further statements to clarify or update information about ongoing impacts before sentencing.
Defence Access to Statements
If the case reaches court, the defendant and defence team will usually be allowed access to the victim statement because it forms part of the case papers and may be material to sentence. In exceptional cases, the court may limit access in the interest of a fair trial.
Key Takeaways
Victim statements in criminal proceedings in England and Wales are formal accounts expressing how a crime has affected an individual. These statements are voluntary, separate from witness statements, and form part of the official court record when the case proceeds. They are considered primarily during sentencing after a guilty plea or verdict, helping the judge understand personal impact and harm. Victims have rights under the Victims' Code, including to make a statement, be informed about how it will be used and participate in the process in ways that respect their comfort and safety. Support services, police and courts work together to ensure victims' voices are heard and considered fairly within legal proceedings.
