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 what victim impact statements are, how they are used in sentencing in England and Wales, what they can include, when they must be submitted, and how they help courts understand the harm caused by crime.
Victim impact statements are formal documents that victims of crime can provide to courts in England and Wales to explain how the offence has affected them. These statements are sometimes called victim personal statements and are a recognised part of the criminal justice process. They allow the court to understand the human consequences of offending in the sentencing stage, helping judges or magistrates consider the full extent of harm caused by the crime.
This article explains what victim impact statements are, how and when they are used, what they can include, and what role they play in sentencing decisions. It also covers procedural points and practical considerations for victims and their families.
What Is a Victim Impact Statement?
A victim impact statement is a written account prepared by a victim of crime that describes the physical, emotional, psychological and financial effects of the offence on their life. It is distinct from a witness statement, which focuses on the facts of the event and what was observed.
Under the current Victims' Code and criminal justice practice, victims have a right to make such a statement if they wish, and it is included in the court papers when a defendant either pleads guilty or is found guilty at trial.
How Victim Impact Statements Are Used in Sentencing
Victim impact statements do not determine guilt or innocence - those issues are decided by the jury or magistrates based on evidence. Instead, these statements are used at the sentencing stage after a conviction has been recorded.
Once the defendant has pleaded guilty or been found guilty, the statement is disclosed to:
- the judge or magistrates,
- the prosecutor,
- the defence and their legal team.
The court will read the statement and take it into account in deciding an appropriate sentence.
The impact described in the statement helps the court understand the harm or loss caused, which is one factor in assessing the seriousness of the offence and selecting a proportionate sanction. This may influence where a sentence falls within the range provided by relevant sentencing guidelines, but the judge remains responsible for the final decision.
What Victim Impact Statements Can Include
A victim impact statement typically should focus on how the offence has affected the victim. It may cover:
- Physical effects, such as injury or ongoing pain;
- Emotional or psychological impact, including anxiety, depression or fear;
- Financial consequences, such as lost earnings, medical bills or property damage;
- Changes to daily life or relationships, such as loss of independence or social withdrawal.
Victims should avoid including legal arguments, opinions on what sentence should be imposed, or commentary that is not directly related to the personal impact of the crime. The statement must be truthful and will be treated as part of the case papers seen by all parties.
When and How to Submit a Statement
A victim impact statement can usually be submitted at any time before sentencing. However, because sentencing often occurs soon after plea or conviction, victims are encouraged to prepare and provide their statement promptly once they are informed of a trial or hearing date.
The process generally works like this:
- Notification: The victim is informed of a prosecution and given the opportunity to make a statement.
- Preparation: The victim prepares the statement, often with support from Victim Support or other specialist services.
- Submission: The statement is sent back to the police or prosecutor by the specified deadline.
- Consideration: At sentencing, the judge or magistrates read the statement before passing sentence.
If a victim wishes, they can also request that the statement be read aloud in court at the sentencing hearing, either by themselves or by a representative.
Rights and Practical Considerations for Victims
Victims are not obliged to make a victim impact statement - it is entirely voluntary and there is no disadvantage if they choose not to submit one.
Once a statement has been signed and submitted, it cannot be withdrawn or changed, although a supplementary statement adding further information may sometimes be allowed.
Victim impact statements are not restricted to personal harm. In some cases, businesses that have suffered loss or damage may also submit impact statements to the court in a similar way.
Support services such as Victim Support can assist with drafting and explaining what should be included in a statement. These services can be particularly valuable for victims who find it difficult to express the full effects of the crime in writing.
Example: What a Victim Impact Statement Might Say
A victim might describe, in their own words:
- the emotional turmoil they experienced after an assault,
- how injuries led to time off work and ongoing treatment,
- anxiety about personal safety,
- financial costs they have borne since the offence.
This narrative helps the sentencing judge or magistrate appreciate the day-to-day consequences of the crime in a way that goes beyond factual evidence alone.
Limitations of Victim Impact Statements
While victim impact statements are an important voice for victims, they:
- do not dictate the sentence imposed,
- cannot include suggestions for punishments,
- must stick to the factual impact on the victim's life.
The judge retains full authority to determine the sentence, taking account of sentencing guidelines, the seriousness of the offence, aggravating and mitigating factors, and the expressed impact on the victim.
Key Takeaways
Victim impact statements are a formal means for victims in England and Wales to explain the real-life effects of crime in their own words. They are submitted before sentencing and form part of the court's information when deciding an appropriate sanction. While they do not determine guilt or require the judge to impose a specific penalty, they ensure victims' experiences are acknowledged and reflected in the sentencing process. Victims can seek support in preparing a statement and should submit it in good time before sentencing occurs.
