The proposals to let the bereaved relatives of homicide victims speak in court are an extension of a similar scheme that already exists. Victim personal statements have been permitted since the Lord Chief Justice issued a Practice Direction (an authoritative judicial declaration) in 2001. The purpose is not to allow the victims of crime to influence what sentence a judge might bestow, but rather a chance for the court to hear about the consequences as evidence that may be taken into account when deciding the appropriate sentence. They can also be used in other stages of a case, such as a bail application.

he existing law says the court must pass what it judges to be the appropriate sentence “having regard to the circumstances of the offence and of the offender, taking into account, so far as the court considers it appropriate, the consequences to the victim”. The Practice Direction 2001 goes on to say “opinions of the victim or the victim's close relatives as to what the sentence should be are therefore not relevant, unlike the consequence of the offence on them.”

That scheme, though, was principally drawn up for direct victims of crimes such as assault or rape, and the exercise takes place mostly on paper. Under the new pilot scheme, however, it is the indirect victims, the bereaved in homicide cases, whose statements have come into the proceedings, and they have been spoken in court.

Justice isn’t emotionally swayed but neither is she stone-hearted. There is every reason to be cautious, as some judges have noted, about the dangers of allowing sentiment to enter the necessarily coolly rational courtroom. But, with proper, clear guidance from the bench about the very limited purpose of victim impact statements, such participation can have a place in the inherently human forum that is a law court. In a society badly wracked by killing, it is important for the horrific effects of homicide to be given clear expression within the legal process. It will help expose the life-numbing ruin suffered by the bereaved, the side of killing that isn’t exposed in rap songs and children’s computer games.

With appropriate control, solemnised by the gravitas of the court, and publicly reported, the wrenching grief of the bereaved can enhance the law court as a school of citizenship.

Gary Slapper is Professor of Law at the Open University

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