JUDICIAL OFFICERS’ EXPERIENCES OF INCLUDING VICTIM IMPACT REPORTS IN THE CRIMINAL JUSTICE PROCESS

Adelette Phillips,Zurina Abdulla

doi:10.15270/57-1-905

Abstract

Judicial officers do not consistently include victim impact reports (VIRS) because of internal and external factors experienced in securing such victim impact reports. This results in the inconsistent inclusion of VIRS during the criminal justice process, which in turn hinders the promotion of victim rights. A qualitative study explored judicial officers’ experiences of including VIRS during the criminal justice process. Findings alluded to the lack of legislation, a gap in the literature and a need for specialised victim services. A need for guidelines was identified to expand on the victim empowerment programme for social workers, enabling them to work within the criminal justice system and to include VIRS during the criminal justice process.

Highlights

The victim empowerment programme (VEP) seeks to improve victim cooperation in the criminal justice system, which will benefit the investigation and prosecution, while addressing issues of trauma and victimisation (Nel & Van Wyk, 2013:79)
This study reflected that victim services within the criminal justice system could bring about change towards a more victim-centred approach (Byrne & Huges, 2009; Lens, Pemberton & Bogaerts, 2013; Roberts, 2009)
In critically reflecting on the participants’ responses, it is observed that judicial officers based at the sexual offences, regional and high courts, who know about the VIRS, have been exposed to victim services and who have used the reports are more positively inclined to include the reports in the criminal justice process

Summary

Introduction

The victim empowerment programme (VEP) seeks to improve victim cooperation in the criminal justice system, which will benefit the investigation and prosecution, while addressing issues of trauma and victimisation (Nel & Van Wyk, 2013:79). In South Africa the case of the State v Isaacs is relevant as the court determined that in a criminal case certain factors that related to victims needed to be considered in sentencing (De Klerk, 2012:9 - 10). These factors included the nature of the offence, the interests of society and the interests of the victim which were demonstrated through the disclosure of the event and the impact this has had on both the victim and society (De Klerk, 2012:9 - 10). Judicial officers have a mandate to request a professional assessment of the impact of crime on the victim and to lead expert testimony after the submission of a report

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Conclusion