MANIFESTO 2011–2015
no going back... for victims and witnesses of crime
MANIFESTO 2011–2015 No going back
1. Introduction Victim Support Scotland is the largest agency providing support and information services to victims and witnesses of crime in Scotland. Through our community based victim services and court based witness services we support around 170,000 people affected by crime each year. Our contact with victims and witnesses gives us first hand insight into the issues that cause distress and concern to people affected by crime. We have identified a need to demystify the criminal justice process and to make sentencing more transparent. This manifesto sets out our suggestions for improvements in the criminal justice system to improve the rights and position for victims. We want to ensure that all agencies who engage with victims put the needs of the individual victim first. Let us bring back the focus to the people involved in the process, instead of the process itself.
2. European victim issues Europe is progressing and improvements have been made in the area of protection and promotion of victims’ rights. The Lisbon Treaty entered into force on the 1 Dec 2009. The Treaty states that to facilitate mutual recognition of judgments and cooperation in criminal matters throughout the European Union, minimum rules may be developed regarding the rights of victims of crime.1 In December 2009, the Stockholm Programme was adopted, recognising support for and protection of victims as two main tasks for the EU as well as Member States. The Programme clarifies that “an important issue is how to offer better support to victims”.2
3. Scotland’s promise to people affected by crime There have been many changes made to the Scottish criminal justice system since the last election. We have for instance seen the introduction of victim impact statements, increased use of special measures for vulnerable witnesses and a lower threshold for the Victim Notification Scheme. We would like to see these positive changes continue. There is no going back. People affected by crime are entitled to receive the best possible care and support from all agencies within the criminal justice sector. However, victims and witnesses often feel that the justice system is not designed to support their needs. Our criminal justice system has evolved over many years. It is not designed nor equipped to “heal” the victim from the trauma caused by the crime; it is set up to consider the guilt of the accused and protect the public.3 Victim Support Scotland strives to change this. We want to ensure that the needs of people affected by crime are taken into account at all stages of the criminal justice process. In this Manifesto we have listed the main changes and improvements we wish to see for victims and witnesses across Scotland.
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Victim Support Scotland calls for: 1. Minimum standards to be set for services to victims a. The Scottish Strategy for Victims to require all criminal justice agencies to publish how they meet minimum standards for victims b. The introduction of a duty to share information c. All victims to get a voice in community sentencing and direct measures d. Clarification of how victims’ needs are taken into account in “public interest” assessments 2. Minimum standards to be set for services to witnesses a. b. c. d.
The Witness Service to be made available in all Scottish criminal courts All witnesses to be offered equal access to special measures The accused to be separated from the victim and associated witnesses in court National roll-out of the ‘witness care’ provided through the Dundee On Call project
3. Victims’ compensation to be paid upfront by the State 4. A fundamental review of criminal compensation in Scotland 5. Unreported crime victims to access support services 6. Creativity in the funding of victim services a. The introduction of a surcharge for all convicted offenders b. Enhanced use of the funds confiscated under the Proceeds of Crime Act 2002 7. Rules to be established for portraying victims in the media 8. All workers in contact with victims/witnesses to complete Victim Awareness Training to reach set minimum standards 9. Advancement of victimology research through partnership working
no going back...
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MANIFESTO 2011–2015 No going back
Right to respect and recognition 1. Victim Support Scotland calls for minimum standards to be set for services to victims
Every person who falls victim to crime in Europe is entitled to receive certain services. There are several treaties and recommendations that entail rights for victims of crime. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power; 2001 EU Framework Decision on the Standing of Victims in Criminal Proceedings; the EU Directive 2004/80/EC relating to Compensation to Crime Victims; and the Council of Europe Recommendation (2006)8 on Assistance to Crime Victims are some of the treaties specifically addressing victims. Victims’ rights are also protected by, for instance, the European Convention on Human Rights; the Charter of Fundamental Rights of the European Union and the UK Human Rights Act. Following the Lisbon Treaty and the Stockholm Programme, victims have been given a higher priority on the European agenda. The European Commission is intending to publish a Directive in 2011 setting out minimum standards for victims and is increasingly monitoring the actions of Member States to ensure that victims benefit from legislation aimed at improving their position. It is therefore important that all rights for victims of crime are translated into practical guidance and implications for people working directly with victims. The Scottish Government’s National Standards for Victims set overall expectations of what services victims can expect to receive, but they are not enforceable and serve more as guidelines rather than targets for agencies working with victims. Victim Support Scotland calls on victims’ rights legislation to be transposed into national minimum standards for services to people affected by crime.The fulfilment of these standards should be measured by performance indicators developed for each criminal justice agency in contact with victims.
Right to information 1a. Victim Support Scotland calls for the Scottish Strategy for Victims to require all criminal justice agencies to publish how they meet, minimum standards for victims
The Scottish Strategy for Victims is a joint policy statement for all major agencies in the Scottish criminal justice system. The Strategy sets out how the agencies intend to work together to improve the rights and services offered to victims. The purpose of the Strategy is to ensure that all victims of crime will get support and assistance at all stages of the criminal justice process and thereafter if needed.4 To ensure that national minimum standards for services to people affected by crime are met, Victim Support Scotland calls for a requirement to be added in the Scottish Strategy for Victims for all criminal justice agencies to publicly demonstrate how they meet the minimum standards for services to victims.
1b. Victim Support Scotland calls for the introduction of a duty to share information
Right to information is one of the most important rights for victims of crime. It is included in all the main victim treaties, such as the EU Framework Decision on the Standing of Victims in Criminal Proceedings; the Recommendation (2006)8 on Assistance to Crime Victims as well as the Scottish National Standards for Victims. Victims’ right to information is one of the broad principles underpinning the Scottish Strategy for Victims. Still, victims often feel that they are not being kept informed of what is happening in their case. This creates a lack of confidence in the criminal justice system and a feeling that the victim’s interests are not respected and protected. Victims would benefit from having an enforceable, legal right to be kept informed about any actions taken in their cases.5 Keeping the victim informed is vital for several reasons. Firstly, it is important that the victim fully understands the role he/she is expected to play. Secondly, keeping the victim
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informed at all stages of the criminal justice system, including after the trial, will ensure that the victim feels that his/her interests are respected and taken into account. It is not merely the sentence that determines the victim’s sense of justice; it is also influenced by the manner in which the victim is treated throughout the entire criminal justice procedure. Finally, informing the victim of the outcome of the case, including any direct measures, will increase the likelihood of him/her accepting the decision and being more content with the overall justice process. Even if the victim does not agree with the decision taken, he/she should be able to understand how the decision was reached. To fulfil victims’ right to information, Victim Support Scotland calls for the introduction of a duty on all professionals involved in a criminal justice case to consider three questions before making a decision: 1. Is there a victim in the case? 2. Could my decision impact on the victim? 3. Does the victim have a right to know my decision? If the answers to these questions are yes, the agency/professional should have a duty to give the information to the victim.
Right to participation 1c. Victim Support Scotland calls for all victims to get a voice in community sentencing and direct measures
It is a fundamental requirement of any criminal justice system to treat all individuals fairly. It is in the interest of the victim, the accused and the general public to maintain high standards of justice. Not only should justice be done, it should be seen to be done and communities should be more involved in the process.6 For a community sentence to be seen as just and fair, the work conducted must be perceived as valuable to that local community. Different communities will have different views on what is a valuable project; projects suitable for community sentences in one part of Scotland may be unsuitable in another. The local community should therefore be consulted and invited to recommend activities to be undertaken within their area.
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In particular,Victim Support Scotland calls for arrangements to be made to take the victim’s views into account when choosing a suitable community disposal in order to guarantee the safety and security of the victim. The Summary Justice Reform introduced greater use of direct measures, whereby a case is concluded through means other than going to court. For instance, the Police have the power to issue a penalty notice on the spot in relation to simple, straightforward cases instead of initiating an investigation.7 There is also a range of direct measures that can be offered by the Procurator Fiscal as an alternative to prosecution, which removes a significant number of cases from the courts. A direct measure is an offer to the offender to have the allegation dealt with outwith the court. As such, many witnesses are spared from the daunting experience of giving evidence. Victims are not involved in this process and are often unaware that a direct measure has been offered or accepted. This leaves many victims feeling uninformed and frustrated that the case has been dealt with without their involvement or a chance for them to give any input. Regardless of whether or not a case is heard in court, we believe victims should have the right to be consulted and to provide information before any key decisions are taken in their case. Victim Support Scotland calls for victims to be informed and given the chance to provide information before a direct measure is offered to the accused.
1d. Victim Support Scotland calls for clarification of how victims’ needs are taken into account in “public interest” assessments
Many decisions in the criminal justice arena are based on what is perceived to be in the “public interest”. This is one of the areas where we believe victims’ roles must be strengthened. The victim’s needs and wishes should be one of the most important factors taken into account in the “public interest” test, for instance when prosecutors assess whether or not to bring a case to court. The UK Home Office have strengthened their requirement on prosecutors to “take into account and protect the interests of victims” in an attempt to rebalance the criminal justice system in favour of the victim. The Scottish Crown Office and Procurator Fiscal Service states that, in their assessment of
MANIFESTO 2011–2015 No going back
the public interest, they will take account of “the views of the alleged victim about whether prosecution or alternative action is appropriate. However, any views expressed by a victim or witness will only be one factor in the assessment of the public interest”.8 It is often difficult to assess how the victim’s interests are considered and balanced against other factors. To ensure that the criminal justice process and the decisions made are transparent, Victim Support Scotland calls for criminal justice agencies, acting in the public interest, to publish how the interest and needs of the victim are assessed and taken into account in their public interest test. This will also enable the criminal justice agencies involved to be held accountable for their decisions made in the public interest. If the victim does not agree with the decision to stop an investigation or prosecution, the victim should be able to have the decision reviewed by an independent body, for instance a public ombudsman or through judicial review.
Right to a fair and effective remedy 2. Victim Support Scotland calls for minimum standards to be set for services to witnesses
Victims have a right to a fair and effective remedy following crime.9 Victims and witnesses play a vital part in the criminal justice system, not only by reporting the crime to the police but they may also be required to give information during the investigation and provide witness statements in court. Victims have a legitimate interest in the case with which they are involved and so have a contribution to make.10 “They must be treated properly throughout the system – with help, support, advice, and a chance for their voice to be heard”.11 Criminal justice agencies must acknowledge the role played by victims and witnesses and strive to make their contribution and contact with the justice system as smooth and productive as possible.
impact on the defendant’s rights. This is not true, “there are a number of options for improving the experience of victims of crime, enhancing the protections they are given without undermining the position of defendants”.12 Victim Support Scotland calls for mandatory minimum standards to be developed for all criminal justice agencies to help bring about better outcomes and practical improvements for victims and witnesses who are called to give evidence in court. Measurable performance indicators should be developed and published for each criminal justice agency to demonstrate how they fulfil these standards. We have provided examples (below) of how certain rights for victims and witnesses can be met without diminishing the rights of the defendant.
Right to support 2a. Victim Support Scotland calls for the Witness Service to be made available in all Scottish criminal courts
Victim Support Scotland’s Witness Service was first piloted in 1996/1997. Since then, the success of the service has enabled it to expand. The Witness Service is today available in every Sheriff and High Court. Last year, the service provided information and support to around 75,000 people affected by crime throughout Scotland. Following the Summary Justice Reform, more cases are being heard in Justice of the Peace courts where the Witness Service is currently not available. Witnesses in these courts are therefore not able to access any support services in connection with giving evidence. In light of the increase of criminal cases being heard in Justice of the Peace Courts and to ensure that all victims/witnesses taking part in a criminal justice process have an equal right to access support services,Victim Support Scotland calls for resources to expand the Witness Service to all Justice of the Peace Courts.
It is sometimes argued that services and rights given to victims will automatically have a corresponding negative
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Right to services in accordance to the witness’s needs 2b. Victim Support Scotland calls for all witnesses to be offered equal access to special measures
The Vulnerable Witness (Scotland) Act 2004 has given witnesses who are considered vulnerable the possibility of receiving special measures while giving evidence, to ensure that they are able to give “their best possible evidence”. It is, however, up to the discretion of the judge hearing the case whether or not the application for special measures will be approved. The current system also creates challenges in identifying who should be seen as “vulnerable enough” to receive special measures. Victim Support Europe acknowledges that victims of more serious crimes are likely to need a higher degree of support, delivered in a professional manner and tailored to the individual victim. However, they do not wish to see a hierarchy of victims or a hierarchy of grief,13 whereby victims of some crime types are seen as more important or more vulnerable than others. Vulnerability cannot be identified from the outside; individual circumstances can make any victim particularly vulnerable at a certain stage in their life. Using the same application of thought, Victim Support Scotland believes that services should be developed to assist all witnesses of crime, delivered in a professional manner and tailored to the individual’s needs and desires. The current procedure of applying for special measures has created difficulties for witnesses who have not been referred in advance. Default measures, such as screen and a support person, is not always in the best interest of the witness. We acknowledge that a balance must be struck between protecting the interests of a witness when giving evidence and ensuring that such evidence can be presented to the jury in an appropriate manner.14 Victim Support Scotland calls for all witnesses to be offered equal access to special measures when giving evidence. Each witness should, along with the offer, receive detailed information about what special measures are available so they can make an informed decision as to whether or not the measure would be in their interest.
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Right to protection 2c. Victim Support Scotland calls for the accused to be separated from the victim and associated witnesses in court
Many victims feel nervous or uneasy about attending court. Not only will the victim have to relive what is likely to be a very traumatic incident in their lives, they also face the risk of intimidation and threats from the accused or associated family members and friends. The Scottish Court Service works towards providing separate entrances and waiting rooms for victims in court.15 However, Victim Support Scotland’s Witness Service regularly comes across cases where the victim has been intimidated or threatened by the accused or associated friends or family members. The need to address this issue in courts where separate facilities are not yet available was highlighted in the recent review into Sheriff and Jury Procedures.16 In order for the victim and other witnesses to feel as comfortable as possible, which will help them give their best possible evidence, it is essential that the courts provide a safe atmosphere for everyone taking part in the trial. To decrease the risk of intimidation and increase protection and the feeling of safety, Victim Support Scotland calls on all courts to make arrangements to keep the accused separated from the victim and any other associated witnesses at all times. This includes providing separate entrances, separate eating facilities, WCs, waiting rooms etc. In courts where this is not immediately possible due to the construction of the building, consideration should be given to allowing the victim/witness to give evidence from a remote site using special measures.
2d. Victim Support Scotland calls for national roll out of the ‘witness care’ model provided through the Dundee On Call project
A recent review into Sheriff and Jury procedures in Scotland looked at different ways to reduce the inconvenience and stress to the victims and witnesses in court. One of the main causes of inconvenience highlighted
MANIFESTO 2011–2015 No going back
in this respect was the needless citation of thousands of witnesses who are not called upon to give evidence. To address this problem, the review encourages “greater use of standby arrangements for all witnesses where possible, not just for police officers but also for civilian witnesses and expert witnesses alike”.17 The Dundee On Call project has been developed as a way of sparing witnesses the inconvenience of having to wait in court for extended periods of time before giving evidence. People living within a 20 mile radius (around 1/2 hour away) can instead wait at home and be called upon when needed. Witnesses who are unable to get to court themselves are collected by taxi, which is paid for by the Crown Office and Procurator Fiscal Service. Victim Support Scotland calls for similar projects to be implemented nationally to limit the time spent by witnesses in court.
Right to compensation 3. Victim Support Scotland calls for victims’ compensation to be paid upfront by the State
For victims, compensation following a crime is often of deeper significance than simply receiving a financial award. Of central importance is the formal acknowledgement and recognition of the suffering of the victim18, as well as a validation that what the victim says is true. As such, compensation is an important part in the victim’s recovery process.19 In Scotland, victims can receive compensation either through a compensation offer,20 given to the offender by the Procurator Fiscal, or a compensation order awarded by the court. Victim Support Scotland regularly comes across cases where the offender has not paid the compensation and problems occur in enforcement. Having been awarded the compensation by a representative of the State, victims should have the right to receive the award promptly. It should not be the responsibility of the victim to pursue fulfilment of a compensation offer or a compensation order, as this is very aggravating and sometimes seen as further victimisation for the victim.21 It forces the victim to maintain contact with the offender, either directly or through the criminal justice process. This further enables the offender to maintain their perceived
power over the victim. In several countries, for instance Austria22 and the Netherlands23, the victim can receive compensation payments directly from the State. It is then the responsibility of the State to seek reimbursement of the payments from the offender. This ensures that the victim receives the compensation immediately and the need to engage with the offender is eliminated. Victim Support Scotland calls on the State to pay all awarded compensation upfront. It is then the responsibility of the State to pursue repayment of the compensation from the offender without the need to involve the victim.
4. Victim Support Scotland calls for a fundamental review of criminal compensation in Scotland
In the UK, criminal injuries compensation is currently administrated by the Criminal Injuries Compensation Authority, a government organisation that can pay compensation to people who have been physically or mentally injured as a “blameless” victim of a violent crime.24 There are currently strict eligibility regulations on who can receive compensation and who should be seen as “blameless”. Victim Support Scotland is one of the few agencies providing free assistance and help to victims when applying for criminal injuries compensation. We have come across cases whereby a victim’s compensation has been significantly reduced due to a minor, unrelated incident in the applicant’s past. There are also many incidents where the victim has been denied compensation because they have not applied for it within the set timeframes following the incident. Recently, it has been suggested that victims should be forced to pay for the production of documents, such as medical assessments, police reports etc. before their claim can be filed. This will prevent many victims, who do not have adequate funds, from applying for compensation. We want every victim to receive formal recognition of the suffering they have experienced, and be offered equal access to apply for criminal injuries compensation, free of charge. Victim Support Scotland calls for a fundamental review of the use of compensation in Scotland, to ensure it is set up and delivered in the best interests of victims.
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Right to support 5. Victim Support Scotland calls for unreported crime victims to access support services
“People who are victims of crime often need practical and emotional support to help them deal with the impact of the crime on their life. The type of support and the stage at which it is needed will depend on a range of factors. These can include the nature of the crime, the age of the victim, whether the victim has family and friends close by, and personal circumstances. For these reasons, it is important that a range of support is available”.25 “Meeting the needs of victims is the responsibility of a range of organisations”.26 When a victim reports a crime to the police, many are referred directly to Victim Support Scotland. Our aspiration is that this number will increase to ensure we can offer our services to all victims of crime in Scotland. During 2009/2010 Victim Support Scotland’s Victim Services assisted almost 90,000 people affected by crime; over 90% of these were referred to us by the police. In addition to emotional support and general information about the criminal justice system, Victim Support Scotland also provides assistance with practical matters such as installing alarms, filing compensation claims etc. A large number of victims choose not to report a crime to the police, for a variety of reasons, and are therefore not referred to access support services. However, these victims may come into contact with other agencies such as health care, housing or social welfare agencies as a result of their victimisation. All people affected by crime have an equal right to support and assistance. Victim Support Scotland calls on all agencies working with people affected by crime to refer victims to victim support organisations who can give information, alleviate the emotional impact and help solve practical implications in the aftermath of crime.
6. Victim Support Scotland calls for creativity in the funding of victim services
Victimisation impacts on all parts of society. Victims may for instance need medical care following the incident. A subsequent long absence from work may have negative impact on productivity and an increased risk for
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dependence on social welfare schemes, making families economically vulnerable. Access to timely and appropriate victim support, developed in accordance with the individual’s needs, may decrease the time of recovery and ensure that victims can return to work as soon as possible. Scotland is currently going through a difficult financial period, with cuts being made in many of our public services as a result. Assistance to victims of crime is an essential public service and, as such, merits the State’s commitment to adequate funding. The Scottish Government has acknowledged that “people who are victims of crime often need practical and emotional support to help them deal with the impact of the crime on their life.”27 It is therefore very important that we maintain our commitment to people who fall victim to crime and continue our provision of support despite the threat of financial cuts. Victim Support Scotland is a very cost effective organisation, providing high quality services to people affected by crime. Using volunteers, we also provide excellent value for money. In the most recent European Survey on Crime and Safety (EU ICS), Scotland was rated number one in providing specialised victim support, with the highest percentage of victims wanting support actually receiving it.28 In order for us to continue our service provision,Victim Support Scotland calls for more creative ways to fund services to help victims in the aftermath of crime. Rather than merely looking at how current funds can be re-allocated, we have provided some ideas as to how new funds can be sourced.
6a. Victim Support Scotland calls for the introduction of a surcharge for all convicted offenders
Countries around the world have developed creative ways to source funding for victim support services. In the United States of America for instance, the notion that offenders should pay for the repercussions of their actions is well established. Many states adopted laws as early as the 1800s, requiring offenders to pay society for the cost of investigating and prosecuting certain types of crime. Today, nearly every US state has some form of general offender penalty or surcharge that convicted offenders must pay. This money often goes to the state’s victim services, victim compensation, or is divided between the two.
MANIFESTO 2011–2015 No going back
In Sweden, every offender sentenced to prison is forced to pay a set sum into a Crime Victim Fund. This fund awards financial compensation to victims of crime and provides additional funds to research projects, support organisations etc.29 In England & Wales, UK government policy states that, “where possible, offenders should contribute to victims’ services as part of their reparation.”30 Section 161A(1) of the Criminal Justice Act 2003, brought into force by the Domestic Violence, Crime and Victims Act 2004, requires a court to add a surcharge to each fine and compensation order to help fund Victim Support services. The surcharge was part of a series of moves to “rebalance” the criminal justice system in favour of victims.31 Victim Support Scotland calls for arrangements to be set up in Scotland whereby every convicted offender is required to pay a surcharge to help fund victim support services. For offenders disposed of through financial penalties, the surcharge should be added to any fine or compensation award, as well as to direct measures where applicable.
6b. Victim Support Scotland calls for enhanced use of the funds confiscated under the Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 enables proceeds from unlawful conduct to be recovered from organised crime gangs by the Civil Recovery Unit at the Crown Office. In 2010 the Crown Office used the Proceeds of Crime legislation to seize £6.5 million related to money laundering offences, which is the biggest ever recovery from a single case.32 Money recovered under the Proceeds of Crime Act is invested by the Scottish Government in community projects aimed at encouraging healthy activities and alleviating the effects of crime. The Scottish Government has invested around £19.5 million in the Cashback for Communities programme, which funds projects for young people across Scotland.33 With a clear focus on youth organisations and projects, there are strict eligibility criteria on who can apply for the funding. CashBack for Communities is aimed at establishing “activities for young people to increase the opportunities they have to develop their interests and skills in an enjoyable, fulfilling and supported way.”34
One of the most important aspects of alleviating the effects of crime is to offer victim support services. Timely and appropriate support in the aftermath of crime can decrease the time of recovery and help the victim cope with the effects of crime. “Victims’ needs extend beyond the justice sector – to areas such as health, housing and education”.35 Victim Support Scotland provides a range of services designed to fit the needs of the individual victim regardless of age. We are however at the moment unable to apply for funds confiscated under Proceeds of Crime Act. Victim Support Scotland calls for the funds confiscated under the Proceeds of Crime Act 2002 to be available to all projects and services aimed to alleviate the effects of crime and benefit communities across Scotland.
Right to protection of privacy and family life 7. Victim Support Scotland calls for rules to be established for portraying victims in the media
Victim Support Scotland regularly supports victims who say that the media has reported on their case and published their picture or explicit details of the crime without their consent. In many instances, the information is inaccurate, which causes an enormous amount of distress and frustration for the victim and in cases where the victim has passed away, the bereaved family. We fully support the concept of freedom of speech, contained in article 10 of the European Convention of Human Rights. However, as stated in article 10, section two, freedom of speech “carries with it duties and responsibilities…necessary in a democratic society for the protection of health and morals” or “for the protection of the reputation or the rights of others”.36 The media reports daily on criminal justice affairs and they tend to focus their attention on the most serious crimes with the most distressing impact on the victim and victim’s family. In addition to the objective information regarding the incident, reports often include intimate details about the victim, such as family relations, private photos, last words, etc. which are added to create a particularly shocking or compelling story.
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In some instances, the media has published information that has not yet been disclosed to the victim, or the bereaved family, which is extremely distressing for all those involved. In addition to being published at the time the crime occurred, pictures and information from high profile cases are often reproduced long after the incident has taken place, which serves as a continual reminder for the victim of the trauma suffered. This needs to be addressed by ensuring that victims have a legal remedy to protect their rights to “health and morals”, “reputation” and their “right to privacy and family life”. Currently, there is a clear gap in the legislative protection of victims and bereaved families’ right to privacy and family life. Victim Support Scotland calls for strict enforceable guidelines to be introduced for the media when reporting on criminal cases. No intrusive details and no image of the victim or his/her family should be published before, during or after the trial process, unless the victim has consented to such publication.
Awareness and training 8. Victim Support Scotland calls for all workers in contact with victims/ witnesses to complete Victim Awareness Training to reach set minimum standards
Appropriate training is one of the most vital resources when working with people affected by crime. Without adequate training, there is an increased risk that the victim may be re-victimised by unsuitable questions and behaviours from people they meet. Following the adoption of the Lisbon Treaty and the Stockholm Programme, the Council of the European Union developed Council Conclusions on a strategy to ensure fulfilment of the rights of and improve support to persons who fall victim to crime in the European Union. This document highlights the provision of training to personnel who come into contact with victims as one of the most important areas, where action must be taken throughout Europe.37 In times of financial constraint, training is one of the areas most likely to be impacted by economic cuts. Nonetheless, in order to avoid re-victimisation and to ensure that victims are treated appropriately in all contacts with criminal justice and social justice agencies, training is absolutely essential
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and does not have to be expensive. Many victim support organisations offer victim awareness training that can be adapted to the needs of the particular professional group in question, such as law-enforcement agencies, health, housing, social welfare services etc. Minimum standards should be set for what each professional should have achieved. For applicable categories of professionals, specialist training can be given regarding for instance: • • • •
Victims of sexual offences Families bereaved by murder Young victims of crime Victims of cross-border crime
By including victim awareness training into standard foundation training, costs can be kept to a minimum while essential skills and knowledge are given to professionals at an early stage. Victim Support Scotland calls for specialised victim awareness training to become a fundamental requirement of foundation training for all professionals in contact with victims or witnesses of crime. Minimum standards should be set regarding the content and level of awareness that each professional should have reached.
9. Victim Support Scotland calls for the advancement of victimology research through partnership working
Victimology is a relatively new area of study. Despite the recent increased interest in this field, there is still a research gap regarding the manner in which people recover from the trauma of victimisation and how victims react to participating in the different stages of the criminal justice system. Volunteer organisations and other practitioner-based groups have extensive practical knowledge of working with victims that would be useful when advancing the theoretical knowledge of victimology research. Similarly, up-to-date academic research on victims’ needs and reactions are essential in order for practitioners to develop the most appropriate service delivery following victimisation. Victim Support Scotland calls for closer partnerships between research institutes and the voluntary sector to advance victim issues and the understanding of victims’ needs and reactions in the aftermath of crime.
MANIFESTO 2011–2015 No going back
ENDNOTES 1
For more information on the Lisbon Treaty, please visit http://europa.eu/lisbon_treaty/index_en.htm
2
For more information on the Stockholm Programme, please see http://www.se2009.eu/en/the_presidency/about_the_eu/justice_and_home_affairs/1.1965 and http://www.se2009.eu/polopoly_fs/1.26419!menu/standard/file/Klar_Stockholmsprogram.pdf
3
S Payne, Redefining justice – Addressing the individual needs of victims and witnesses (2009), p. 10
4
Scottish Strategy for Victims, http://www.victimsofcrimeinscotland.org.uk/the-justice-process/victims-policy/victims-strategy/
5
Victims’ and defendant’s rights: can they be reconciled?, Rethinking Crime and punishment, p. 4 (2005) http://www.rethinking.org.uk/informed/lagbriefing.pdf
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Rebalancing the criminal justice system in favour of the law-abiding majority Cutting crime, reducing reoffending and protecting the public, Home Office (2006), p. 21
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For more information, please see The Antisocial Behaviour etc. (Scotland) Act 2004
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Prosecution Code, Crown Office and Procurator Fiscal Service, (2001) p. 7
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For instance, article 47 in the Charter of Fundamental Rights of the European Union states that “everyone is entitled to a fair and public hearing within a reasonable time”. For more information, please see http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0389:0403:EN:PDF The European Court of Human Rights stated in Doorson v Netherlands [1996] 22 EHRR 330, para 70 that “principles of fair trial also require that in appropriate cases the interests of the defence are balanced against those of witnesses or victims called upon to testify”. Article 13 of European Convention of the Human Rights contain the right to an effective remedy and article 8 in the United Nations Declaration of Human Rights states that “everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”.
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Scottish Strategy for Victims, Scottish Executive, p. 8 section 2.1 (2001) http://www.scotland.gov.uk/Resource/Doc/158898/0043164.pdf and Scottish Strategy for Victims, Scottish Court Service: Action Plan (2001). p. 2 http://www.scotcourts.gov.uk/courtusers/victims/docs/victims_plan.pdf
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Rebalancing the criminal justice system in favour of the law-abiding majority Cutting crime, reducing reoffending and protecting the public, Home Office (2006), p. 14
12
Victims’ and defendant’s rights: can they be reconciled?, Rethinking Crime and punishment, p. 4 (2005) http://www.rethinking.org.uk/informed/lagbriefing.pdf
13
A policy adopted by Victim Support Europe’s AGM 29th May 2010.
14
Sheriff Principal E Bowen, Independent Review of Sheriff and Jury Procedure (2010), p. 89 http://www.scotland.gov.uk/Resource/Doc/314393/0099893.pdf
15
Standard of Service for Victims, Scottish Court Service, p. 8 http://www.scotcourts.gov.uk/courtusers/victims/docs/standard_of_service_for_victims.pdf
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12
16
Sheriff Principal E Bowen, Independent Review of Sheriff and Jury Procedure (2010), p. 88 http://www.scotland.gov.uk/Resource/Doc/314393/0099893.pdf
17
Ibid
18
M A Young, The Role of Victim Compensation in Rebuilding Victims’ Lives, International Organisation for Victim Assistance
19
Ibid
20
For more information on compensation offers, please see http://www.victimsofcrimeinscotland.org.uk/the-justice-process/prosecution-process/investigation-and-prosecution/ or http://www.scotcourts.gov.uk/payyourfine/DirectMeasures.asp
21
M A Young, The Role of Victim Compensation in Rebuilding Victims’ Lives, International Organisation for Victim Assistance
22
For more information, please see § 373a StPO and Victims of Crime Act
23
For more information, please see ‘Reinforcement of the victims position in the criminal process’ (Stb2009/2010 525)
24
For full eligibility criteria and more information on criminal injuries compensation, please see http://www.cica.gov.uk/
25
Scottish Strategy for Victims – Progress Report 2004, Scottish Government (2004), p 4 http://www.scotland.gov.uk/Resource/Doc/26800/0024997.pdf
26
Ibid, p. 11
27
Scottish Strategy for Victims – Progress Report 2004, Scottish Government (2004).
28
Van Dikj J. & Groenhuijsen M. “Benchmarking Victim Policies in the Framework of European Union Law”, Handbook of Victims and Victimology, (2007), p. 374
29
For more information, please see Crime Victim Compensation and Support Authority http://www.brottsoffermyndigheten.se/default.asp?id=1345
30
Explanatory Memorandum to the Criminal Justice Act 2003, 2007 No. 707 http://www.opsi.gov.uk/si/si2007/em/uksiem_20070707_en.pdf
31
Home Office statement, http://news.bbc.co.uk/1/hi/uk/8437440.stm
32
Biggest ever proceeds of crime case nets $10 million for Scottish Communities http://www.copfs.gov.uk/News/Releases/2010/05/06073424
33
Funding for youth groups http://www.scotland.gov.uk/News/Releases/2010/07/15114930
34
CashBack for Communities http://www.scotland.gov.uk/Topics/Justice/public-safety/17141/cashback
35
Review of the Scottish Strategy for Victims, (2005), p. 1
36
European Convention on Human Rights, article 10 (2) http://www.hri.org/docs/ECHR50.html#C.Art10
37
Council of the European Union’s Council Conclusions on a strategy to ensure fulfillment of the rights of and improve support to peoples who fall victim to crime in the European Union http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/110726.pdf
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Victim Support Scotland 15-23 Hardwell Close Edinburgh EH8 9RX Tel: 0131 668 4486 Fax: 0131 662 5400 Email: info@victimsupportsco.org.uk Website: www.victimsupportsco.org.uk President HRH The Princess Royal Victim Support Scotland, a company limited by guarantee number 110185. Recognised as a charity in Scotland, Scottish Charity No SC002138.