When a victim or their representative applies to give an opinion, what must the juvenile court judge do, and when may the judge refuse that opportunity?
General information · Not legal advice
Material to check
In the exercise file, we read the written application for an opportunity to state an opinion, the paper identifying who filed it and their relationship to the victim, and the hearing record showing whether that person was in fact given a chance to speak or was refused.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a duty: when the victim, or a legal representative, defence counsel, spouse, lineal relative or sibling of the victim, applies to state an opinion, the juvenile court judge must give the victim or that representative an opportunity to speak at the hearing, and may withhold it only where the provision's exceptions apply.
Another reading stresses the two exceptions: the judge need not give the opportunity where the applicant has already spoken sufficiently in the hearing and no further statement is needed, or where the applicant's statement risks seriously delaying the hearing, so an application alone does not settle whether anyone speaks.
Your judgment
If the applicant has spoken before but on a different point, how could the file show whether further statement is still necessary?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or the exceptions, or if a court decision explains when a hearing would be seriously delayed by a statement.