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The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015

The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015 reg 234

reg 234 Victim Personal Statement

When the Victim Personal Statement is being taken, the Commanding Officer must ensure that the victim is asked whether he or she wants the Victim Personal Statement to be read aloud or played (if recorded) if the matter proceeds to a Service court. The Commanding Officer must also ensure that the victim is asked whether they would prefer to read the statement aloud themselves or whether they would like the Service Prosecuting Authority advocate to do this on their behalf. The Commanding Officer must ensure that it is explained to the victim: (1) that their Victim Personal Statement does not have to be read aloud if they do not want it to. It should be explained to the victim that they can change their mind and choose not to have their Victim Personal Statement read aloud; (2) that the victim may be questioned on the Victim Personal Statement in court or Summary Hearing; (3) the risk to the victim’s privacy if the case is heard in a Service court; (4) that the contents of the Victim Personal Statement may be reported by the media if the case is heard in a Service court; and (5) that ultimately it is a matter of judicial discretion as to whether the statement is read out (and by whom) or played (where recorded) in full or in part, in court.

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