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VICTIMS' RIGHTS ACT 2002 - SECT 19
Form and verification of information ascertained
19 Form and verification of information ascertained
1 Information
ascertained from a victim under section 17 must be put into writing or
recorded in another way (for example, as an audio record or video record),
unless the victim objects to it being included in the victim impact statement.
2 Information recorded under subsection (1) may be verified— a) in the way
stated in subsection (3), if practicable; or
b) if it is not practicable to
verify it in the way stated in subsection (3), in the way stated in subsection
(4).
3 The information may be verified by being submitted to the victim for
signature or other approval, and signed or otherwise approved by the victim,
after the prosecutor, or some other person on behalf of the prosecutor, has
added to it statements— a) that the victim gave the information knowing that
it was to be included in a victim impact statement, and knowing that he or she
was required to ensure that any information that he or she gave is true; and
b) that the information is true to the best of the victim's knowledge and
belief.
4 The information may also be verified by being signed or otherwise
approved by the prosecutor, or some other person on behalf of the prosecutor,
after the prosecutor or other person has added to it statements that he or
she— a) advised the victim that the information was to be included in a
victim impact statement; and
ab) advised the victim that he or she was
required to ensure that any information that he or she gave is true; and
b)
read it or replayed it or submitted it in another way to the victim, and is
satisfied that the victim approves of it.
History: Section 19(1): amended, on
21 December 2021, by section 28 of the Sexual Violence Legislation Act 2021
(2021 No 60). Section 19(1): amended, on 6 December 2014, by
section 14(1) of the Victims’ Rights Amendment Act 2014 (2014
No 35). Section 19(3)(a): replaced, on 6 December
2014, by section 14(2) of the Victims’ Rights Amendment Act 2014 (2014
No 35). Section 19(4)(a): replaced, on 6 December
2014, by section 14(3) of the Victims’ Rights Amendment Act 2014 (2014
No 35). Section 19(4)(ab): inserted, on 5 March
2012, by section 5(2) of the Victims' Rights Amendment Act 2011 (2011 No
95).
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