The Criminal Justice Act 1993 ushered in a number of key victim reforms within the Criminal Justice System including the right for the DPP to appeal sentences which he views as unduly lenient. The controversial reform implemented however was that of the Victim Impact Statement. Its introduction here was based on best practice in New Zealand and it is also a well-entrenched feature of the Australian criminal justice system. "The Statement is intended to describe the personal impact of the crime-on the victim's life physically, emotionally, psychologically, financially or in any other way" (McGovern: 2002)
In Ireland it's used as a source of information for the judge in sentencing. The 1993 reform only applied to victims of sexual offences but judges have the discretion to allow families of victims in homicide cases to put together a statement and it can be read out by a family member or prosecution lawyer during the sentencing hearing. The Criminal Procedure Bill published in 2009 proposes that the VIS mechanism be reformed and that families of victims of homicide have a statutory right to make a statement.
This topic attracted much publicity in January 2006 when the mother of manslaughter victim Robert Holohan from Middleton in Cork was permitted to take the stand during the sentencing hearing of her son's killer Wayne O'Donoghue. But she went off script and made allegations against the killer, which had not been heard during the trial by exclaiming that semen had been found on her son's body and this received huge coverage in the media. The sentencing judge Paul Carney two years later criticised Mrs Holohan and said the statement was "scandalous in nature" as well as being "calculated". He said her outburst had frustrated his sentencing objective. Majella Holohan replied later by saying "I do not believe it is appropriate to censor victims as to what they can say so that it can be palatable for the judge or the offender" (Paddy Clancy, Irish Voice, October 17th, 2007, www.irishabroad.com)
This sparked much public debate and the Criminal Procedure Bill was published in 2009 and its expected the VIS will be extended to families of homicide victims in time, with strict conditions attached that the statement details the impact the crime has had only and does not deviate from that.
The VIS has generated much controversy internationally in terms of how it affects the sentencing process. (Booth2000) claim this evidence introduces emotionalism into an otherwise rational process. There's a fear also that it may raise victim's expectations that they can have a say as to what sentence will be imposed by the judge.
However despite the concerns expressed, research carried out in the US, Australia, Canada and UK reveal that the statement has not impacted significantly on sentencing outcomes.(Walkgate; 2007)
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