A LANDMARK Royal Court ruling has firmly strengthened the voice of crime victims in Jersey, establishing clear new guidance allowing them to personally address the court during sentencing if they wish.
In a judgment delivered by Bailiff Robert MacRae, the court confirmed that victims should generally be permitted to read their victim personal statements aloud, marking a shift towards a more victim-centred justice system.
The ruling arose following the conviction of Simon Paul De La Haye for rape on in October.
The victim applied to read her own personal statement at the sentencing hearing two months later.
The court granted that request, but the case prompted wider consideration about how such applications should be handled in the future.
In his judgment, the Bailiff endorsed earlier case law, stating: “It should be open to victims, particularly of a serious sexual assaults, if they wish to do so, to read their victim personal statement in open court.”
The decision provides formal guidance for future cases. While prosecutors will normally read victim statements during sentencing, victims now have a recognised right to read them themselves if they choose.
However, the court emphasised that there is “no expectation” that a victim will read their own personal statement, ensuring the process remains entirely voluntary.
Under the new guidance, prosecutors must apply to the judge at least seven days before sentencing if a victim wishes to read their statement.
Judges retain the power to refuse permission, but only in exceptional circumstances – such as where doing so may harm the victim or where parts of the statement are irrelevant.
The ruling also offers safeguards for victims who may feel intimidated. The court confirmed victims may be shielded from the defendant or public gallery, or allowed to read their statement via video link or pre-recorded footage.
The judgment also confirmed that victims will not be cross-examined on their personal statements. This is different than the case in England and Wales, where it is possible for the court or the defence to cross-examine victims about the contents of the personal statement in order to clarify or challenge certain points – although this is considered rare.
However, the Bailiff added that this decision “should not disadvantage a defendant”. Defence lawyers will still be able to challenge the contents of a statement through submissions or other evidence, including pointing out that statements are not given under oath or tested in questioning.
The judgment also highlighted the wider public interest in ensuring victims feel heard, stating that it is the court’s duty “to ensure that victims are heard and in such a way that they can give their best evidence”.
Victim personal statements allow victims to explain, in their own words, how crimes have affected them and their families. Once submitted, they form part of the official case papers and can be seen by all parties involved in proceedings.
The Bailiff indicated that the new guidance may be reviewed and could eventually be formalised into an official practice direction to cement the changes as a permanent feature of the Island’s criminal justice system.
