Scottish Government

Victims in the Scottish Criminal Justice System The EU Framework Decision On The Standing Of Victims In Criminal Procedure The Scottish Perspective

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INTRODUCTION

The European Framework on the Standing of Victims in Criminal proceedings was adopted by the European Council on 15th March 2001, and is aimed at ensuring that victims of crime receive equitable treatment throughout the European Union.

A 'Framework Decision' is one made by the European Council, which is binding in all its aspects upon those to whom it is addressed. It is not necessary to create legislation to cause compliance with the various articles; this may be done by procedural means within the various agencies in the countries of the European Union.

The European Council meeting at Tampere in 1999 concluded that minimum standards be drawn up to protect the victims of crime and their access to justice and that national programmes should be set up to ensure assistance to, and protection of, victims.

This Framework Decision, on the standing of victims in criminal proceedings, was adopted as a result of an initiative by the Portuguese Republic. The Commission subsequently submitted a document to the European Parliament entitled "Crime victims in the European Union: reflections on standards and action". The European Parliament then adopted a resolution based on this document.

The document below describes the relevant articles contained in the Framework Decision, and describes how the Scottish Criminal Justice System conforms to them. In some cases, work is ongoing to either comply with the article, or to improve the service to victims already in place.

1. Article 1
Definitions

For the purposes of this Framework Decision:

(a) "victim" shall mean a natural person who has suffered harm, including physical or mental injury, emotional suffering or economic loss, directly caused by acts or omissions that are in violation of the criminal law of a Member State;
(b) "victim support organisation" shall mean a non-governmental organisation, legally established in a Member State, whose support to victims of crime is provided free of charge and, conducted under appropriate conditions, complements the action of the State in this area;
(c) "criminal proceedings" shall be understood in accordance with the national law applicable;
(d) "proceedings" shall be broadly construed to include, in addition to criminal proceedings, all contacts of victims as such with any authority, public service or victim support organisation in connection with their case, before, during, or after criminal process;
(e) "mediation in criminal cases" shall be understood as the search, prior to or during criminal proceedings, for a negotiated solution between the victim and the author of the offence, mediated by a competent person.

1.1 Article 1 deals with the definitions which have been, and are to be used, for the purposes of this framework.

1.2 In the Scottish Strategy for Victims Action Plan, there is a definition of a victim which appears to exceed that included in Article 1; namely

1.2.1 "For the purposes of the Strategy, a victim may be any person who has been the subject of any type of crime. In the event of the death of a victim of crime, or their incapacity in relation to criminal proceedings, the family or those sharing a family-like position may also be considered as victims."

1.3 As can be seen, this definition includes those who have been affected by any form of crime, and also gives status to the families of those victims who have lost their lives.

2. Article 2
Respect and recognition

Each Member State shall ensure that victims have a real and appropriate role in its criminal legal system. It shall continue to make every effort to ensure that victims are treated with due respect for the dignity of the individual during proceedings and shall recognise the rights and legitimate interests of victims with particular reference to criminal proceedings.

2.1 Within the Scottish criminal justice system, victims of reported crime often have a specific role. When a crime has been reported to the police, victims will provide evidential statements to the police service, which informs their enquiries. If the offender is not identified, police services have procedures in place which ensure that the victim is kept informed of the outcome of the enquiry. If the offender is identified, and a report submitted to the Procurator Fiscal, ¹ the police procedures are designed to ensure that the victim is so informed.

2.2 If the case is prosecuted, and a not guilty plea is entered, the victim may have the opportunity to give evidence at the trial, subject to the existing procedural rules. Even in the event of a guilty plea, which does away with the need for a trial, a summary of the victim's, and other witnesses' evidence, will be presented to the court to inform the judges' decision.

2.3 In accordance with Crown Office and Procurator Fiscal Service policy on dealing with victims and witnesses, Crown witnesses will be treated with dignity and respect and in accordance with the Joint Statement on Crown Witnesses issued in conjunction with the Scottish Court Service in January 1998.

2.4 Additionally, the Scottish Executive has consulted on the introduction of a Victim Statement scheme, which is intended to allow those victims of crime who wish to do so the opportunity to provide the Criminal Justice System with an account of how the crime has affected them, and not merely an evidential statement. It is proposed to pilot the scheme nationally in 2003, and it will be evaluated from the outset.

2.5 A further role exists for victims of crime in the event of an offender receiving a custodial sentence. Arrangements exist for victims of certain more serious crimes to make representations to the Parole Board on any concerns which may exist about the offender's release from prison. At present this is restricted to offenders who receive a custodial sentence of 4 years or more for violent or sexual crimes, with appropriate safeguards for the rights of both the victims and the offender. It is proposed to formalise the current arrangements with legislation (The Criminal Justice Bill), and to give Ministers the power to extend its applicability to offenders sentenced to terms of imprisonment of 12 months or more.

Each Member State shall ensure that victims who are particularly vulnerable can benefit from specific treatment best suited to their circumstances.

2.6 The Scottish Executive Justice Department is in the process of reviewing the definition of "a vulnerable witness", and a consultation document was published in April 2002, to identify additional aspects of vulnerability which may need to be taken into account by the Criminal Justice System. It reviewed the definition of "vulnerable person" in section 271 of the Criminal Procedure (Scotland) Act 1995, and discussed possible changes to the special measures available to assist vulnerable witnesses give evidence. A consultation document on the status and definition of a "vulnerable adult", as separate from solely a witness has already been published, and the results of this consultation will offer further information in this area.

2.7 Specialist services within the police service have been established to ensure that particularly vulnerable victims receive appropriate treatment.

2.8 The services available from the police include:

• Domestic Violence Liaison Officers, who provide a specialised service to victims of domestic abuse, including advice, assistance and personal safety advice;
• Family Protection Officers, who are trained to deal with sensitive crimes, particularly those where children are victims;
• LGBT (Lesbian, Gay, Bisexual and Transgendered) Liaison Officers, who are trained in the particular difficulties experienced by members of these communities;
• Racial Awareness Officers, who again are trained in the particular sensitive issues in this area; and
• Family Liaison Officers, who are appointed to act as an intermediary for families who have been victimised by serious crime, or who have experienced a bereavement as a result of a road death.

2.9 The police service makes use of special interview suites for particularly vulnerable witnesses and victims, such as children, or victims of serious sexual assault. In some instances, these suites are outwith police stations entirely and are available, for example, in local hospitals.

2.10 The police service also makes use of the "Appropriate Adults schemes", which operates as follows. If any police officer has reason to suspect that the person being interviewed, whether as a suspect or a witness, has a mental disorder, he or she will arrange for an appropriate adult to be contacted and suspend the interview until the appropriate adult is present. An appropriate adult should be someone who is completely independent of the police and the interviewee and who has a sound understanding of and experience or training in dealing with mentally disordered persons.

2.11 The Sexual Offences (Procedure and Evidence) (Scotland) Act was passed on 6th March, received Royal Assent on 11th April 2002, and provides increased protection for victims of sexual crime who have to give evidence in court. This Act disallows the questioning of victims by the alleged perpetrator.

2.12 Whilst at court, most courts have areas set aside for victims and prosecution witnesses separate from the accused and defence witnesses. Screens are available for courtrooms, which enable vulnerable witnesses to give their evidence out of sight of the accused, and closed circuit television equipment is available to allow vulnerable witnesses the facility to give their evidence from a remote location.

2.13 Although the facilities mentioned above to ensure separation of prosecution and defence witnesses are not yet available in all court buildings, the Scottish Court Service is committed to progressively adapting all courthouses, as part of a rolling programme, the majority of which has already been completed.

2.14 Where vulnerable victims are identified to the Crown Office and Procurator Fiscal Service, additional steps are taken to ensure that their attendance at court is as easy as possible. The Victim Information and Advice service which is currently being rolled out to Crown Office and Procurator Fiscal Service Offices throughout Scotland provides information on the criminal justice system, case specific information and support, and information on where to obtain further support from voluntary organisations dealing with specific categories of vulnerable victims. The Victim Information and Advice service can identify the needs of vulnerable victims to the Crown Office and Procurator Fiscal Service offices to ensure that appropriate steps are taken at court, including considering the location of the court, prioritising cases and taking the appropriate steps for the use of screens and closed circuit television subject to the constraints of current legislation.

2.15 Support agencies such as Rape Crisis, Women's Aid, PETAL (People Experiencing Trauma And Loss) and FOMC (Families of Murdered Children) provided specific support to those who have been victims of crimes which can result in especial vulnerability, such as sexual assault, domestic violence, and homicide.

2.16 Victim Support Scotland provides specialist training to volunteers and staff in relation to families of murder victims, rape, and sexual assault. Specialist training is being developed and implemented in relation to minority ethnic victims, children, surviving children in murder cases, and children as witnesses.

3. Article 3
Hearings, and provision of evidence

Each Member State shall safeguard the possibility for victims to be heard during proceedings and to supply evidence.

3.1 As noted in the response to Article 2(1) above, victims of reported crime may be given the opportunity to make a witness statement, containing matters of evidential value, to the police, in order to inform their enquires. Thereafter, if an offender is reported to the Procurator Fiscal, and a trial proceeds, he or she may have the opportunity to give evidence according to the normal procedural rules.

3.2 A further opportunity exists for victims of certain more serious crime in the event of an offender receiving an applicable custodial sentence. Arrangements exist for such victims to make representations to the Parole Board regarding the offenders suitability for release from prison. The Criminal Justice Bill, currently progressing through Parliament, legislates to make this arrangement a formal right, and allows for those victims who so wish it to receive certain information if the offender is paroled.

Each Member State shall take appropriate measures to ensure that its authorities question victims only insofar as necessary for the purpose of criminal proceedings.

3.3 Operational police officers are all trained in investigative interviewing techniques, which are designed to allow the officer to obtain as much information as possible about the event in a single interview, thus obviating the need for reinterviews. Officers involved in specialised departments, such as Family Protection Units, or Family Liaison Officers, receive further training regarding their duties in interviewing vulnerable victims and witnesses.

3.4 The Law Society of Scotland is also in the process of developing guidelines governing the conduct of defence precognition interviews ² of victims and witnesses, to ensure that these are done in an acceptable and professional manner. The Law Society's Code of Conduct has recently been strengthened and re-issued.

3.5 As noted in 2(11), the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 will provide increased protection for victims of sexual crime who have to give evidence in court. This will disallow the questioning of victims by the alleged perpetrator.

4. Article 4
Right to receive information

Each Member State shall ensure that victims in particular have access, as from their first contact with law enforcement agencies, by any means it deems appropriate and as far as possible in languages commonly understood, to information of relevance for the protection of their interests. Such information shall be at least as follows:

(a) The type of services or organisations to which they can turn for support;
(b) The type of support which they can obtain;
(c) Where and how they can report an offence;
(d) Procedures following such a report and their role in connection with such procedures.

4.1 Police services throughout Scotland universally adopt an "Incident Information Form" or similar document, which provides a victim with details of the officer to whom the offence has been reported, and the contact police station. These forms also contain details of various local support agencies, including but not limited to the national agency Victim Support Scotland. These forms are handed to a victim at the point of reporting a crime, whether that is at a police station, or at any other location. The leaflet also includes details of how to contact the Criminal Injuries Compensation Authority, for information regarding compensation.

4.2 All Scottish police forces also operate their own websites, containing information about the services available to victims of crime, and describing where to obtain advice, support and assistance. Many of these websites also allow for online reporting of minor crimes, thus doing away with the need to visit a police station.

4.3 Many forces are introducing remote reporting sites, which allow victims of race or hate crimes to report this to the police, but to be able to do so at a location other than a police station, and to a person other than a police officer.

4.4 The Scottish Executive has recently published a Victims Information Leaflet, which gives brief details about the stages an investigation can take within the Scottish Criminal Justice System; it also highlights the availability of assistance advice and support from Victim Support Scotland and other agencies. This leaflet is distributed according to local practices by all Scottish police forces, and is also widely available at colleges and universities, Local Authority premises such as libraries and community centres, as well as hospitals, especially casualty departments, and GPs' surgeries.

4.5 The Victim Information Leaflet describes the various stages in the Criminal Justice System, and provides information on what stages the victim or witness may be involved in. This includes basic information about the advice and assistance that may be obtained from the Crown Office and Procurator Fiscal Service, as well as information regarding the facilities available, if an offender is given a custodial sentence, to receive further information concerning the opportunity to make representations to the Parole Board when the offender become eligible for consideration for release.

4.6 This leaflet has already been translated into the main community languages ³ in Scotland; there are plans to provide it in large print and Braille, as well as on tape for the visually impaired; plans also exist to develop a version suitable for children, and for those with learning difficulties.

4.7 The Scottish Executive Justice Department has also launched a Victims Information Website, containing the same type of information as in the leaflet, but with more detail, and with links to other websites, such as Victim Support Scotland, Crown Office and Procurator Fiscal Service, Scottish Prison Service, Scottish Court Service, and the eight Scottish police forces.

4.7.1 The Victim Information Leaflet has been translated into the main community languages, and it is intended to do the same with the Victims Information Website, thereafter to provide both in a variety of European community languages.

4.8 The Scottish Court Service is developing leaflets to explain the facilities, standards and procedures applicable to contact with the Scottish Courts system, and these leaflets will be available in large print, Braille, audiotape, as well as in the community languages. Interpretation services are available in court offices again using the Language Line service, as well as "TypeTalk", both of which are translation facilities available "on the spot" for people for whom English is not their first language.

4.9 Current training also ensures that all staff at court are able to provide information on court procedures on request, and are also able to access certain case specific information concerning the procedures of the case. The Scottish Court Service website contains a guide on what to expect when attending court.

4.10 These leaflets will take the form of a Victim Information Pack, comprising:

• Scottish Court Service Standard of Service for Victims Leaflet.
• Guide to Attending Criminal Court.
• Joint Statement on Crown Witnesses (with Crown Office and Procurator Fiscal Service).
• Leaflet detailing sources of advice and information for victims.
• Court User Charter.
• Scottish Court Service complaints procedures.

This pack will also be available in Braille, large print, audiotape, and in community languages.

4.11 Victim Support Scotland produces a general information leaflet describing the services it offers, as well as specific support information on the crimes of

4.12 Discussions are in hand to develop a leaflet describing the Witness Service called "Going to Court" in the same languages.

4.13 All Victim Support Scotland offices have access to interpretation facilities through the use of the telephone based "Language Line" interpretation facility. Victim Support Scotland actively targets the recruitment of members of ethnic minorities in order to provide support to others from such communities. If necessary, Victim Support Scotland can contact Victim Support organisations in other countries in order to have information translated into the victim's first language.

(e) how and under what conditions they can obtain protection;
(f) to what extent and on what terms they have access to:

(i) legal advice;
(ii) legal aid;
(iii) any other sort of advice; and

if, in the cases envisaged under (i) and (ii), they are entitled to receive it.

4.14 Police officers receiving the initial report of an offence can provide information where necessary regarding the protection available to victims, as all operational officers have a basic grounding and awareness of this topic. Thereafter, further facilities exist, such as local police crime prevention officers, who are able to offer more specific advice and assistance on this matter. Domestic crime prevention surveys can be arranged, with practical advice being offered, or in the more serious cases, a Witness Protection Scheme can be made available, following assessment by a senior officer.

4.15 Victims of crime are automatically referred to Victim Support Scotland, although they are advised that this will happen, and have the opportunity to decline the referral. Victims of sexual assault, homicides, or domestic abuse will have their permission explicitly sought before they are referred to Victim Support Scotland.

4.16 Victim Support Scotland will then contact the victim, and can explain the nature of the legal advice and assistance which is available, and may refer the victim, if desired, to other specialised support services.

4.17 Victim Support Scotland operates a national service providing practical and emotional support to victims of any crime, whether or not reported to the police. This includes support at home, on the telephone, at the office, in the police station and at court. Victim Support Scotland will also provide victims with an Information Pack outlining the type of support available, crime specific advice and information about the criminal justice system and the agencies which work within it. The pack is available in both Braille and the six main community languages: it will shortly be produced in audiotape format.

4.18 Police officers refer victims to solicitors for advice about legal aid, and the conditions under which it may be obtained. They can also signpost the availability of other support and assistance, such as housing and benefits, and can direct them to the appropriate agencies.

4.19 The Victim Information Leaflet (Section 4.4) and the Victims Information Website (Section 4.7) referred to above also contain information directing victims of crime to the appropriate sources of information, advice and support.

(g) Requirements for them to be entitled to compensation;
(h) if they are resident in another State, any special arrangements available to them in order to protect their interests.

4.20 Information regarding compensation is, as stated at 4.1 above, available to victims on application to the Criminal Injuries Compensation Authority. Details of how to contact this agency are given to the victim as a matter of course at the time the offence is reported to the police. Officers will be able to offer basic information to victims as appropriate. This information is also available in the Victim Information Leaflet and the Victims Information Website. Victim Support Scotland also provides victims with information on criminal injuries compensation.

For those victims who are normally resident outside the United Kingdom but are visiting Scotland, reporting a crime and obtaining subsequent information is facilitated by the wide availability of Language Line, a telephone-based interpreting service, and robust procedures in place for the call out and use of interpreters when necessary.

Each Member State shall ensure that victims who have expressed a wish to this effect are kept informed of:

(a) the outcome of their complaint;
(b) relevant factors enabling them, in the event of prosecution, to know the conduct of the criminal proceedings regarding the person prosecuted for offences concerning them, except in exceptional cases where the proper handling of the case may be adversely affected;
(c) the court's sentence.

4.21 As part of current police practice, procedures exist to ensure that investigating officers advise victims of the outcome of their enquiries in relation to an offence, whether such enquiry has resulted in an offender being reported for prosecution or not.

4.22 Crown Office and Procurator Fiscal Service has developed the Victim Information and Advice service which is currently being rolled out throughout Scotland. There should be an office of the Victim Information and Advice service within each region of the Crown Office and Procurator Fiscal Service by 2003. The Victim Information and Advice service provides information to victims about the progress of their case, as well as information on the Criminal Justice System in general, support where required and referrals to other agencies who can provide support to victims. The Victim Information and Advice service provides this service to all victims in the following categories of cases:

• Victims in all serious cases where the nature of the charge is indicative of solemn proceedings. ⁴
• The next of kin in cases involving deaths which are reported for consideration of criminal proceedings or where a Fatal Accident Inquiry is to be held.
• Next of kin in all cases which would result in an invitation from the Procurator Fiscal to the next of kin to discuss the circumstances of a death.
• Victims in cases of domestic assault.
• Victims in cases with a racial aggravation and cases where it is known to the Procurator Fiscal that the victim perceived the offence to be racially motivated.
• Cases involving child witnesses.
• Victims in cases involving sexual offences.
• Any other victim, next of kin or witness where the Procurator Fiscal and the Victim Information and Advice service Officer agree that because of particular vulnerability the provisions of services would be beneficial.
• In conjunction with the roll out of the Victim Information and Advice service, leaflets are being provided for information to the public.

4.23 In the event of a trial taking place, the Scottish Court Service has published standards to ensure that all victims and witnesses present are kept informed on a regular basis, on the day of the trial, of any developments, changes and delays in the management of the case, including the reason for delays, changes in venue and similar administrative issues.

Member States shall take the necessary measures to ensure that, at least in cases where there might be danger to the victims, when the person prosecuted or sentenced for an offence is released, a decision may be taken to notify the victim if necessary.

4.24 The Scottish Prison Service currently operates a victim notification scheme, for victims of violent or sexual crimes whose assailant is sentenced to a custodial sentence of 4 years or more. In this case, the victim will be informed by the Crown Office and Procurator Fiscal Service that they are eligible for inclusion in this scheme, and if they opt to receive the information, their details will be sent to the Scottish Prison Service for inclusion in the scheme's records. The scheme ensures that, when the offender is about to be released from custody, the Scottish Prison Service will so inform the victim. This ensures that the victim has appropriate information regarding the offender's incarceration status. Proposals have been published for the expansion of the scheme, and it is intended to place it on a statutory basis, in order to ensure the victims have the right to such information. It is also intended to give Ministers the power to extend the scheme to include all offenders sentenced to custodial sentences of 12 months or more, and to inform them when the offender becomes eligible for temporary release from custody.

4.25 The introduction of the ISCJIS ⁵ (Integrated Scottish Criminal Justice Information System) in Scotland has improved the transfer of information between the Scottish criminal justice agencies, such as the police, the courts, and the Procurator Fiscal. This system ensures that when an offender is released on bail from court, whether such bail carries with it special conditions or not, the appropriate police force is informed of this release, and of any special conditions applicable to the bail. Current practice is for the police in the local area to assess the likely risk to the victim, and if appropriate, or if the victim has expressed a desire to be so informed, to inform the victim of the release of the offender.

Insofar as a Member State forwards on its own initiative the information referred to in paragraphs 2 and 3, it must ensure that victims have the right not to receive it, unless communication thereof is compulsory under the terms of the relevant criminal proceedings.

4.26 If a victim expresses a wish NOT to be informed of the conduct and progress of a case or an investigation, this will be honoured by all agencies concerned, unless there is a need so to do for the purposes of the proceedings, or where there is a grave concern for the safety of the public or an individual.

5. Article 5
Communication safeguards

Each Member State shall, in respect of victims having the status of witnesses or parties to the proceedings, take the necessary measures to minimise as far as possible communication difficulties as regards their understanding of, or involvement in, the relevant steps of the criminal proceedings in question, to an extent comparable with the measures of this type which it takes in respect of defendants.

5.1 This article does not have to be complied with until 2004.

5.2 However, all agencies currently have robust procedures in place, involving services such as Language Line, interpreters, translators, and the appropriate adults scheme to minimise communication difficulties. (See 2.10, 4.8, 4.13, 4.21, 11.1 and 13.3 herein)

6. Article 6
Specific assistance to the victim

Each Member State shall ensure that victims have access to advice as referred to in Article 4(1)(f)(iii), provided free of charge where warranted, concerning their role in the proceedings and, where appropriate, legal aid as referred to in Article 4(1)(f)(ii), when it is possible for them to have the status of parties to criminal proceedings.

6.1 This article does not have to be complied with until 2004.

7. Article 7
Victims' expenses with respect to criminal proceedings

Each Member State shall, according to the applicable national provisions, afford victims who have the status of parties or witnesses the possibility of reimbursement of expenses incurred as a result of their legitimate participation in criminal proceedings.

7.1 Victims of crime who are called to give evidence at court proceedings are provided with financial compensation to defray loss of earnings, travelling expenses, and any other legitimate expenses incurred as a result of their attendance at and involvement in criminal proceedings.

8. Article 8
Right to protection

Each Member State shall ensure a suitable level of protection for victims and, where appropriate, their families or persons in a similar position, particularly as regards their safety and protection of their privacy, where the competent authorities consider that there is a serious risk of reprisals or firm evidence of serious intent to intrude upon their privacy.

8.1 Individual police forces have Community Safety Branches, or similar departments, offering crime prevention advice to anyone desiring it. This advice and assistance may include the provision of personal attack alarms, if appropriate. The service is available to all members of the public, but the departments normally work closely with criminal investigation departments to offer the service to people who have been victims of crime.

8.2 All Scottish forces now have full access to the services of the Strathclyde Police Witness Liaison Unit. Following a successful 3-year trial, this unit has been expanded to cover all of Scotland. The scheme provides assistance with protection to witnesses and their families who are considered to be at serious risk. This may include:

• Advice to witnesses on how to protect themselves.
• Supply of alarms, mobile phones, panic buttons or residential closed-circuit television, as appropriate.
• Support on the approach to any trial, including temporary relocation of witnesses to other addresses.
• 24 hour a day helpline.
• Relocation of witnesses and families following trial if necessary.

8.3 The Witness Liaison Unit has built up expertise in the secure relocation of witnesses and the complex welfare and financial issues that can arise. It has also established close links with a range of other interested agencies such as Local Authority Housing and Social Work Departments.

8.4 When the Scottish Court Service is advised that an "at risk" person is to appear in court, provision is made to ensure separate access and accommodation for such a person.

To that end, and without prejudice to paragraph 4, each Member State shall guarantee that it is possible to adopt, if necessary, as part of the court proceedings, appropriate measures to protect the privacy and photographic image of victims and their families or persons in a similar position.

8.5 The Scottish Executive Justice Department is in the process of reviewing the definition of "a vulnerable witness", and a consultation document was published in April 2002, to identify additional aspects of vulnerability which may need to be taken into account by the Criminal Justice System. It will review the definition of "vulnerable person" in section 271 of the Criminal Procedure (Scotland) Act 1995, and discuss possible changes to the special measures available to assist vulnerable witnesses give evidence.

8.6 The use of cameras, and audio and video recording equipment is prohibited in court, except with the consent of the Lord President or Sheriffs Principal. ⁶ Reporting restrictions can also be applied in cases involving children.

Each Member State shall further ensure that contact between victims and offenders within court premises may be avoided, unless criminal proceedings require such contact. Where appropriate for that purpose, each Member State shall progressively provide that court premises have special waiting areas for victims.

8.7 The Scottish Court Service is currently upgrading the facilities available at its courts including; separate entrances for witnesses, separate waiting areas, and separate toilet facilities. Such facilities will be incorporated into the design of any new premises and, wherever possible, will be included in the refurbishment of existing buildings.

Each Member State shall ensure that, where there is a need to protect victims - particularly those most vulnerable - from the effects of giving evidence in open court, victims may, by decision taken by the court, be entitled to testify in a manner which will enable this objective to be achieved, by any appropriate means compatible with its basic legal principles.

8.8 Section 271 of the Criminal Procedures (Scotland) Act 1995 allows for the use of screens and closed-circuit television for children and particular categories of vulnerable witnesses. High Court buildings have closed-circuit television equipment installed, as do some Sheriff Courts. Mobile equipment is available, which allows them to be provided to all other Sheriff Courts on application, or alternatively, it is possible to transfer a case to be heard at a court which has these facilities in situ. It is for the party citing the witnesses to apply to the court for permission to use such equipment.

9. Article 9
Right to compensation in the course of criminal proceedings

Each Member State shall ensure that victims of criminal acts are entitled to obtain a decision within reasonable time limits on compensation by the offender in the course of criminal proceedings, except where, in certain cases, national law provides for compensation to be awarded in another manner.

Each Member State shall take appropriate measures to encourage the offender to provide adequate compensation to victims.

9.1 At the conclusion of a case, the court may order the offender to pay compensation as part of a court sentence. The period of time that this takes may vary considerably, and may be affected by a number of factors. The judge will determine the timescale for payment, giving regard to the offender's ability to pay. Once payment of the compensation has commenced, the Sheriff Clerk will provide the money to the victim on a monthly basis, although arrangements can be made for the immediate remittance of the money in the event of serious hardship.

9.2 If the offender fails to pay the compensation, he or she will appear before a Fines Enquiry court to assess the reasons for non-payment. In the event of the offender continuing to fail to pay, he or she may be sentenced to a period of imprisonment as an alternative; in this event, the victim will receive no further payments.

9.3 The Criminal Injuries Compensation Scheme is a tariff-based scheme that provides payment to innocent victims of crime and violence, and those injured in trying to apprehend criminals or prevent crime.

9.3.1 All victims of violent crimes are advised of the existence of the scheme when they report the crime to the police. ( see 4.1) Advice is also available from other agencies, such as Victim Support Scotland.

9.4 Applicants must have been living in England, Scotland or Wales when the injury was sustained; a victim of a crime of violence; physically and/or mentally injured as a result; seriously enough to qualify for at least the minimum award available under the scheme; or a dependant or relative of a victim of violence who has since died.

9.5 The Criminal Injuries Compensation Authority must receive completed applications no later then 2 years after the incident for which a claim is made. (This time limit may be waived if there is good reason for the delay and it is in the interests of justice to do so.)

9.6 All applications will be acknowledged within 2 weeks of receipt and once all the essential information has been received, a first decision will be made and issued within 4 weeks. Any payment of an award will be made within 4 weeks of the applicant's acceptance.

Unless urgently required for the purpose of criminal proceedings, recoverable property belonging to victims which is seized in the course of criminal proceedings shall be returned to them without delay.

9.7 Under existing police procedures, arrangements exist whereby property may be photographed and returned to the owner, with the proviso that it be available to the court if required.

10. Article 10
Penal mediation in the course of criminal proceedings

Each Member State shall seek to promote mediation in criminal cases for offences which it considers appropriate for this sort of measure.

Each Member State shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account.

10.1 This article does not have to be complied with until 2011.

11. Article 11
Victims resident in another Member State

Each Member State shall ensure that its competent authorities can take appropriate measures to minimise the difficulties faced where the victim is a resident of a State other than the one where the offence has occurred, particularly with regard to the organisation of the proceedings. For this purpose, its authorities should, in particular, be in a position to:

• be able to decide whether the victim may make a statement immediately after the commission of an offence;
• have recourse as far as possible to the provisions on video conferencing and telephone conference calls laid down in Articles 10 and 11 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29th May 2000 1 for the purpose of hearing victims resident abroad.

Each Member State shall ensure that the victim of an offence in a Member State other than the one where he resides may make a complaint before the competent authorities of his State of residence if he was unable to do so in the Member State where the offence was committed or, in the event of a serious offence, if he did not wish to do so.

The competent authority to which the complaint is made, insofar as it does not itself have competence in this respect, shall transmit it without delay to the competent authority in the territory in which the offence was committed. The complaint shall be dealt with in accordance with the national law of the State in which the offence was committed.

11.1 Existing police procedures allow for the provision of interpreters and translation facilities where appropriate, and statements will always be take as expeditiously as possible, normally shortly after the event.

11.2 If required, police forces have access to video and telephone conferencing, following contact through NCIS (National Crime Intelligence Service) then either Europol or Interpol.

11.3 Arrangements also exist to allow a statement to be taken from a resident in another Member State, under the auspices of the 1957 European Convention on Mutual Assistance, which creates the appropriate procedures and practices, thus allowing the crime to be investigated in the absence of the victim.

11.4 The Criminal Procedure (Scotland) Act (Sections 272 and 273) and the Criminal Justice (International Co-operation) Act 1990, Part 1, provide several different methods by which a witness resident in a different Member State can provide his or her evidence to the court, without needing to attend. These methods include the use of a remote television link, giving evidence on oath before a foreign magistrate, or providing evidence by means of a "letter on request". The admissibility of this evidence differs with each method, and is a matter for the trial judge.

11.5 Victim Support Scotland is linked, via membership of the European Forum For Victim Services, with victim support organisations throughout the European Union. Organisational links are also maintained with victim service organisations throughout the English-speaking world. Where a victim of an offence in Scotland is resident in another State this network can provide for onward referral to support services in the victim's country of origin and can also be used to communicate information on case progress and compensation claims.

12. Article 12
Co-operation between Member States

Each Member State shall foster, develop and improve co-operation between Member States in order to facilitate the more effective protection of victims' interests in criminal proceedings, whether in the form of networks directly linked to the judicial system or of links between victim support organisations.

12.1 In common with other Member States, co-operation, development and the facilitation of effective protection of victims' interests are discharged at a European level through Victim Support and the European Forum for Victim Services. Victim Support Scotland is a member of the European Forum which meets at least annually to foster co-operation between Member States. This Forum provides policy and operational links between Member States within the EU. The Forum's objective is to improve the situation of victims of crime in Europe by promoting the:

• development of effective services to crime victims;
• need for fair and equal compensation;
• rights for victims of crime in their involvement with the criminal justice process and with criminal justice agencies;
• exchanging experience and information between member countries in order to extend the knowledge and skills required to underpin effective service provision.

12.2 Victim Support Scotland is also a member of the English-speaking United Kingdom and Ireland Forum of Victim Support Services.

13. Article 13
Specialist services and victim support organisations

Each Member State shall, in the context of proceedings, promote the involvement of victim support systems responsible for organising the initial reception of victims and for victim support and assistance thereafter, whether through the provision of specially trained personnel within its public services or through recognition and funding of Victim Support Organisations.

Each Member State shall encourage action taken in proceedings by such personnel or by Victim Support Organisations, particularly as regards:

(a) providing victims with information;
(b) assisting victims according to their immediate needs;
(c) accompanying victims, if necessary, and possibly during criminal proceedings;
(d) assisting victims, at their request, after criminal proceedings have ended.

13.1 The Scottish Executive provides funding for victims' organisations, the main organisation being Victim Support Scotland. This funding covers provision for the roll out of the Witness Service, a court-based volunteer service which will ensure that all victims and witnesses who need advice and assistance whilst at court can receive it. Victim Support Scotland has services available in every region in Scotland offering advice, support, and practical assistance to victims of crime.

13.2 The recently launched Victim Information Leaflet, and the recently launched Victims Information Website are both aimed at providing victims of crime with clear and simple information about the workings of the Scottish Criminal Justice System, including signposts to where further support and information can be obtained.

13.3 Police forces have procedures and facilities designed to ensure that victims of crime, and especially vulnerable victims, or victims of serious crimes, receive appropriate treatment at an early stage.

• Specialist Units (Family Protection/Community Protection and Investigation Units) whose staff are trained to investigate crimes involving children and other particularly vulnerable victims.
• Specifically designed interview suites for children and other vulnerable victims.
• The Appropriate Adult Scheme in supporting vulnerable victims.
• Family Liaison Officers who are appointed and trained to support vulnerable victims/witnesses in incidents of serious crime.
• Other specialist officers such as Domestic Abuse Liaison Officers, Race Relations Liaison Officers and LGBT (Lesbian, Gay, Bisexual and Transgender) Liaison Officers who are trained to support victims with specific needs.
• Training and awareness raising programmes on the issue of diversity.

13.4 Every Scottish police force has access to at least one special unit for dealing with victims of sexual assault. The number and location of special suites for rape victims in a force area is primarily a decision for the Chief Constable to make, taking into account operational priorities.

13.5 Victim Support Scotland provides a support service, offering emotional support, as well as practical assistance and advice to all victims of crime. The recent introduction of an "opt out" referral scheme ensures that victims have the opportunity to receive emotional support at an early stage; the presumption is that, apart from victims of domestic abuse, serious sexual assault, and murder, all victims will automatically be referred to Victim Support Scotland, who will contact them within a short space of time. In the case of the three exceptions, permission will be explicitly sought from the victims before the referral is made.

13.6 Police referral procedures will ensure that victims can access support services at an early stage. When a crime is reported, police officers will give the victim an incident information form, giving the officers details and a contact telephone number. The form will also advise the victim that their details will be passed on to Victim Support Scotland as a matter of course, unless they request otherwise.

13.6.1 In the cases of domestic abuse, serious sexual assault, and murder, this will not happen, and the victims will be specifically asked if they wish their details to be passed to Victim Support Scotland.

13.6.2 The "opt-out" system described above is expected to increase the number of people benefiting from the support, counselling and advice offered by Victim Support Scotland and other support agencies. It was found that the previous scheme, an "opt-in" scheme where victims had to choose to be contacted by Victim Support Scotland resulted in fewer people accepting support. It was felt that a victim receiving the offer in the immediate aftermath of the crime was less likely to accept support than one who was contacted by Victim Support Scotland some days afterwards.

13.7 Victim Support Scotland operates a network of community-based services throughout the country. Support is available to all victims regardless of whether a crime has been reported to the police. The specific service provided will be dependent on the victims' needs but may include:

• Emotional support and advocacy.
• Practical assistance.
• Support at ID parades and at court.
• Assistance with insurance and compensation claims.
• Personal safety and crime prevention advice.
• Information on criminal justice procedures.
• Information and referral on to other agencies.

13.8 The Scottish Executive also funds a Witness Service. A phased roll out of this service is now following the recent successful completion of pilot schemes in two areas in Scotland. The Witness Service is intended to offer all victims and witnesses attending court non-case-specific information, advice and support, including information about the workings of a court, and the opportunity to visit the court building beforehand in order to make the occasion less intimidating.

13.9 Victim Support Scotland's Witness Service has been established in all Sheriff Courts in Scotland. The Witness Service provides support to any victim, witness or family member attending criminal trials in Sheriff Court premises. Support is also available in High Court trials held on circuit. It is expected that the service will soon be available in Scotland's two High Courts in Glasgow and Edinburgh.

13.10 The service encompasses:

• The opportunity for advance visits to a courtroom prior to a trial.
• Information about court etiquette, procedures and personnel.
• Emotional support.
• Arrangements for discrete waiting accommodation where there are concerns regarding security.
• Practical advice on issues such as parking, expenses, etc.
• Assessment of need post-trial including onward referral to other agencies as required.

13.11 The Victim Information and Advice service ( see 2.14) operated by the Crown Office and Procurator Fiscal Service, liaises with voluntary organisations such as Victim Support. Victim Information and Advice service Officers when appointed receive specific training to allow them to fulfil their responsibilities appropriately.

14. Article 14
Training for personnel involved in proceedings or otherwise in contact with victims

Through its public services or by funding victim support organisations, each Member State shall encourage initiatives enabling personnel involved in proceedings or otherwise in contact with victims to receive suitable training with particular reference to the needs of the most vulnerable groups.

Paragraph 1 shall apply in particular to police officers and legal practitioners.

14.1 All police officers undergo training on victims issues as part of their basic training, which includes input from a variety of Victim Support organisations. In-force training continues at various stages in an officer's career from agencies such as Rape Crisis, Women's Aid, Ethnic representative groups, and LGBT (Lesbian, Gay, Transgendered and Transsexual) groups.

14.2 Role Specific training is provided to officers in specialised roles such as child protection, domestic abuse, and family liaison officers.

14.3 Police forces also work alongside Victim Support Scotland to develop training and practice to improve the care and treatment of family and friends of murder victims.

14.4 Solicitors holding a practising certificate are required to undertake 20 hours of continuing profession development in each practice year. For solicitors practising in Scotland, England or Wales, a maximum of 15 hours requires to be in group study and up to 5 hours can be by private study. The training undertaken by the solicitor should be relevant to the solicitor's area of work and therefore for solicitors involved in court procedure, the type of training referred to in Article 14 would be pertinent.

14.5 The Society has also highlighted the need to ensure that witnesses are treated with courtesy and respect in the Code of Conduct for Criminal Work which has recently been revised and reissued. Article 13 of the Code seeks to ensure that when carrying out the precognition of witnesses, the relevant solicitor will ensure that all matters associated with the witness which would affect the taking of the precognition or mode of contact (such as age, disability or other vulnerable status), are taken into account not only by the solicitor but by any precognition agent instructed by him or her.

14.6 Work is also ongoing with the Crown Office to prepare guidance on the questioning of child witnesses. It is hoped that this will be used to assist in providing guidance to practitioners engaged in proceedings involving children.

14.7 Court Service staff receive training which ensures that all staff at court are able to provide information on court procedures on request, and are also able to access certain case specific information concerning the procedures of the case. All staff are provided with customer awareness training, and by the end of 2002 they will have received awareness training in relation to the particular needs of victims of crime, including input from Victim Support Scotland.

14.8 Staff and volunteers working with the Witness Service receive specific training appropriate to their role, as do volunteers for Victim Support Scotland community-based services. This training equips them to provide support services to victims and witnesses. The Scottish Court Service are involved with training of volunteers for the Witness Service, to ensure they receive the best possible advice and information on their arrival at court. Although the specific content of programmes will be tailored to the requirements of the role and setting, all courses will include:

• Communication and listening skills.
• Confidentiality.
• Information on the criminal justice system and the agencies which work within it.
• Equal opportunity and diversity issues.
• Compensation.
• Victim awareness and the impact of crime.

14.9 Additional training is provided to selected staff and volunteers who will be working with victims of sexual assault and those bereaved by murder.

15. Article 15
Practical conditions regarding the position of victims in proceedings

Each Member State shall support the progressive creation, in respect of proceedings in general, and particularly in venues where criminal proceedings may be initiated, of the necessary conditions for attempting to prevent secondary victimisation and avoiding placing victims under unnecessary pressure. This shall apply particularly as regards proper initial reception of victims, and the establishment of conditions appropriate to their situation in the venues in question.

For the purposes of paragraph 1, each Member State shall, in particular, have regard to facilities within courts, police stations, public services and victim support organisations.

15.1 Police procedures have long recognised the need for separation of victims and witnesses, and accused persons. As a result there are separate interview facilities at police stations; to ensure the victims do not unnecessarily come into contact with those accused of crimes. Designated identification parade suites exist with procedures clearly laid down for the separation of accused, witnesses, and stand-ins; although much of this is set in place in order to ensure best evidence, the safety and security of victims and witnesses is also important.

15.2 If necessary, separate facilities can be arranged for victims and witnesses to attend court, involving a police escort if necessary.

15.3 Whilst at court, most courts have areas set aside for victims and prosecution witnesses separate from the accused and defence witnesses.

15.4 Screens are available for courtrooms, which enable vulnerable witnesses to give their evidence out of sight of the accused, and closed-circuit television equipment is available to allow vulnerable witnesses the facility to provide their evidence from a remote location.

15.5 Although the facilities mentioned above are not yet available in all court buildings, the Scottish Court Service is committed to progressively adapting all courthouses to ensure separation of prosecution and defence. Portable closed-circuit television equipment is available for all courts, and should be applied for in advance in order to ensure it is available at the appropriate time.

15.6 Victim Support Scotland can provide guidance, support and training to other agencies in relation to policies, practices and procedures which will reduce the potential for direct or indirect secondary victimisation within criminal proceedings. Victim Support Scotland represents the interests and views of victims to government and other agencies with particular regard to the practical conditions of victims in proceedings.

National contact numbers for victims

© Crown Copyright 2002

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