Making a Victim Personal Statement
What is a Victim Personal Statement?
What is a Victim Personal Statement?
Right 7 of the Code of Practice for Victims of Crime allows all victims in cases being investigated and prosecuted by the Serious Fraud Office (SFO) the right to make a Victim Personal Statement (VPS) if they wish to. A VPS gives you the opportunity to explain in your own words how the crime has affected you physically, emotionally, financially or in any other way. It gives you a voice in the criminal justice process and it can play a part in sentencing at court.
Your VPS is different from your witness statement, which mainly focuses on the details of how the crime took place rather than the impact the crime has had on you.
There is no pressure on you to make a VPS; it is entirely your decision.
When will the SFO ask you for a VPS?
We will offer the opportunity to make a VPS if you:
- Complete a victim investor investigation questionnaire.
- Complete a witness statement
- Are considered to be a vulnerable adult.
- Are called to be a witness at court.
If you do not fall into one of these categories, you can still ask to make a VPS, but it will be at the SFO investigator’s discretion, where it seems appropriate.
What your VPS may contain
Your VPS will explain the impact the crime has had on you.
For example, you might want to mention:
- any financial, emotional or psychological harm you have suffered
- any difficulties you may have had as a result of the crime
- if you feel, or have felt vulnerable or intimidated
- if you no longer feel safe
- the impact on your family
- how your quality of life has changed
- if you need additional support
- the on-going impact of the crime on you/your life/lifestyle
Please be aware that the VPS is a formal statement and you will need to sign a declaration confirming that it is true to the best of your knowledge.
What a VPS must not contain
Your VPS must not include your thoughts or opinion on how the alleged offender should be punished – this is for the judge to decide. Any inappropriate content, such as unsubstantiated claims against the alleged offender may be removed from the final version of the statement before it is submitted to the court.
How will your VPS be used when it has been made?
Once you have completed and signed your VPS, it cannot be changed or withdrawn. However, you can provide another one to add more information if you wish to.
After you have made your VPS, it becomes part of the case papers. This means it can be seen by everyone involved in the case including the SFO case team and prosecutors, the defendant(s) and their lawyer(s), and the trial judge.
However, your VPS will only be considered by the judge if the defendant(s) either pleads guilty or is found guilty by the court.
In most cases, VPSs are read by the judge. Your VPS may be read aloud in full, or in part, to the court. It is possible, but rare, that the court and/or the defence could ask you questions (cross-examine) about the contents of the VPS in order to clarify or challenge certain points. If your VPS is read aloud in court the content can also be reported by the media.
Your VPS and sentence
If the defendant(s) pleads or is found guilty at court the judge will take into account the impact the offence has had on you. Your VPS will not dictate how the offender is to be punished as sentencing is for the judge to decide. However, the judge will consider your VPS and the level of harm caused to you by the offence – along with all the other evidence in the case and the relevant sentencing guidelines when passing the sentence.