[Rev. 2012] Criminal Procedure Code CAP. 75 329C. When victim impact statements may be received and considered (1) If it considers it appropriate to do so, a court may receive and consider a victim impact statement at any time after it convicts, but before it sentences, an offender. (2) If the primary victim has died as a direct result of the offence, the court shall receive a victim impact statement given by a family victim and acknowledge its receipt, and may make any comment on it that the court considers appropriate. (3) Notwithstanding subsections (1) and (2), the court— (a) shall not consider a victim impact statement unless it has been filed by or on behalf of the victim to whom it relates or by or on behalf of the prosecutor; and (b) shall not consider a victim impact statement given by a family victim in connection with the determination of the punishment for the offence unless it considers that it is appropriate to do so. (4) The court may make a victim impact statement available to the prosecutor, to the offender or to any other person on such conditions (which shall include conditions preventing the offender from retaining copies of the statement) as it considers appropriate. [Act No. 5 of 2003, s. 88.] 329D. Victim impact statements discretionary (1) The giving of a victim impact statement is not mandatory. (2) A victim impact statement shall not be received or considered by a court if the victim or any of the victims to whom the statement relates objects to the statement being given to the court. (3) The absence of a victim impact statement shall not give rise to any inference that an offence had little or no impact on a victim. [Act No. 5 of 2003, s. 88.] 329E. Formal requirements for victim impact statements (1) A victim impact statement shall be in writing and shall comply with such other requirements as are prescribed by rules of court. (2) If a primary victim is incapable of providing information for or objecting to a victim impact statement about the personal harm suffered by the victim, a member of the primary victim’s immediate family or other representative of the victim may, subject to rules of court, act on behalf of the victim for that purpose. (3) A court may receive and consider a victim impact statement only if it is given in accordance with and complies with the requirements prescribed by or under this Part. [Act No. 5 of 2003, s. 88.] C44 - 89 [Issue 1]