Victim Notification Scheme
General Information
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General Information
Purpose and Background
The purpose of this document is to provide general information about the Victim Notification Scheme ("the VNS"). It is intended for use by any person who is involved in the operation of the VNS or in advising others on its operation.
The Scottish Strategy for Victims, which was published in January 2001, contains three key policy objectives, one of which is to improve information for victims of crime. In support of this objective, the Criminal Justice (Scotland) Act 2003 ("the 2003 Act") gives victims or an eligible family member the right to receive information about the release from prison of the offender who committed the crime against them, and to receive information from and make representations to the Parole Board for Scotland.
Prior to the passing of the 2003 Act, a scheme was established on a trial basis to allow some victims to receive information about the date of the offender's release from prison. This scheme has been operated since 1997 on an administrative basis by Crown Office and the Procurator Fiscal Service (COPFS) and the Scottish Prison Service (SPS). It applies to serious violent and sexual crimes where the offender is sentenced to 4 years or more in prison.
The scheme has been given legislative authority in sections 16 and 17 of the 2003 Act. Victims now have the right to be given certain information about the release of an offender, to be informed about decisions made by the Parole Board and to make representations to the Parole Board about release of the offender.
Offences to which the scheme applies
The scope of the scheme has been extended to include crimes of violence, sexual and indecent crimes, crimes involving firearms, housebreaking, crimes motivated by racial or religious prejudice and fireraising. The full list of prescribed offences is given later.
The scheme applies where the offender has been sentenced to a period of imprisonment of 4 years or more, including life sentences, detention without limit of time and extended sentences where the total of the custodial term and the extension period amounts to 4 years or more.
Operation of the Scheme
The legislative scheme will be operated and administered by a combination of COPFS, the SPS, the Scottish Executive Justice Department (SEJD) on behalf of the Scottish Ministers and the Parole Board for Scotland.
After conviction and sentence of the offender, COPFS staff will identify those cases where the victims are entitled to opt in to the scheme. The Procurator Fiscal or the Victim Information and Advice (VIA) service will write to the victim with the appropriate forms to complete and send on to the SPS.
There are two parts to the Scheme, and the forms sent out will allow the victim to opt in to either or both parts of it. The forms sent to the victim will include an opt in form (Form A), a withdrawal form (Form B), if the victim later changes his /her mind and a change of address form (Form C). Any changes of address must be notified by the victim to SPS as the Prison Service has no means by which to trace victims. The forms must be sent to the Victim Notification Section of the SPS.
The information about the victims who have registered with the VNS is kept by the SPS and transmitted to the SEJD where the victim has opted in to the rights under section 17 of the 2003 Act to receive information and make representations to the Parole Board.
No information is transmitted to an individual prison or offender about the victim, and the offender is not told whether the victim has chosen to opt into the VNS. However, if a victim chooses to make representations to the Parole Board about the release of an offender, the offender is likely to see those representations.
Time limits
There are no formal time limits for opting into the VNS and the victim can send the appropriate form to the SPS at any time until the point in the sentence when the offender is due to be released, or the Parole Board has already begun consideration of the offender's case.
There are also no time limits on withdrawing from the scheme if the victim should change his/her mind after opting in.
Part 1 (Rights under section 16 of the 2003 Act)
Where the victim opts in to Part 1 of the scheme, SPS will record their details on the VNS. If they also opt in to Part 2 of the scheme, SPS will pass on the details to the Parole and Life Sentence Review Division of the SEJD, which has the responsibility of preparing cases for referral by the Scottish Ministers to the Parole Board for review.
The Scottish Prison Service is responsible for providing the information to be given under section 16 of the Act (Part 1 of the scheme), which is:
(a) the date of release of the offender, other than temporary release. Where the offender is being released the date will be notified about a month in advance.
(b) if the offender dies before release, the date of the death. If the offender dies, the victim will be notified as soon as possible after the death, but victims should be aware that there can be early press coverage of an offender's death in prison.
(c) if the offender is transferred to a place outwith Scotland, the date of the transfer. This information will be given as soon as the transfer has taken place.
(d) if the offender becomes eligible for temporary release. The victim will be informed when the prisoner first becomes eligible for temporary release and will not be informed of each occurrence.
(e) if the offender has escaped or absconded from custody. If the offender absconds or escapes, the letter to the victim will be sent as soon as possible. Sometimes offenders fail to return to prison after home leave or a work placement. The police are alerted immediately and if the offender is considered to present a threat to the victim, the police will take steps to ensure that the victim is notified as soon as possible. Usually, offenders who fail to return are not dangerous and return to prison within the first 48 hours. Information about the offender escaping or absconding will be sent to the victim if the offender remains at large after 48 hours. The victim will also be notified when the offender is returned to custody.
Part 2 (Rights under section 17 of the 2003 Act)
The Scottish Ministers (as represented by the Parole and Life Sentence Review Division of the SEJD) and the Parole Board for Scotland are responsible for providing information to the victim in terms of section 17 of the 2003 Act (Part 2 of the scheme).
Under section 17 where the victim has opted in to Part 2 of the VNS he or she is to be given an opportunity to make written representations to the Scottish Ministers as respects the release on licence of an offender and as respects any conditions to be attached to the licence. The opportunity must be given before any decision is taken to release the offender on licence.
If a victim is incapable of writing, by reason of mental disorder or inability to communicate then the right to be included in the VNS transfers to the next nearest eligible relative ( see later). If the inability to communicate can be overcome by human or mechanical means, (e.g. a scribe for a victim who cannot write) the victim retains the right to be included in the scheme and to use those means to make a written representation.
About 6 months before the offender's earliest date of release, the SEJD gather information about the offender and prepare a dossier for the Parole Board to consider. At this stage the victim will be sent a letter from the SEJD offering the opportunity to send a written representation about the offender's release and notifying him/her of the date by which such representations must be submitted direct to the Parole Board. The Parole Board will then consider the terms of the written representation along with the other information that it has about the prisoner when deciding whether to recommend release.
The offender is usually entitled to see the information that the Parole Board is considering, and the victim's written representations will be included in the material disclosed to the offender. The victim will be requested not to include any personal details, such as an address or contact details, in the written representation.
In some exceptional cases, where there may be a risk to the health, welfare or safety of any person, the Parole Board may restrict what is shown to the offender by providing a summary of the information.
The information available to the Parole Board includes a report from the trial judge about the offence, the offending history, the family and social background, the offender's plans for what he or she will do on release and whether he or she has taken any steps to address issues or problems (e.g. drugs, alcohol, anger management) that may have contributed to his/her offending behaviour. The Board will have access to reports from social workers and prison staff about the offender's behaviour while in prison. The offender is entitled to make representations on his/her own behalf.
When the Parole Board makes its decision it must notify the victim of the following:
(a) whether it has recommended or directed release of the offender;
(b) whether it has recommended conditions of licence;
(c) if any of the conditions relate to contact with the victim or members of the victim's family, the terms of those conditions.
The Parole Board has to give this information even where the victim has decided not to send a written representation. The Board may also provide the victim with any other information that it considers appropriate, having regard to the circumstances of the case.
When and why an offender can be released
An offender given a prison sentence of 4 years or more, including an extended sentence prisoner, (a "determinate sentence prisoner") can be considered for release from prison on parole licence when he/she has served half of the sentence. The Parole Board reviews the offender's case in advance of the half way point to decide whether the offender can be released on reaching that date. An offender released on licence must be supervised in the community by a social worker, and is subject to conditions, known as "licence conditions". The Parole Board decides what the conditions will be, taking into account a wide range of information that is available to it. The licence conditions stay in force until the date of the end of the sentence. For example, if an offender is sentenced to 4 years in prison and is released after 2 years, the licence conditions will stay in force for another 2 years.
The Parole Board may decide that the offender should not be released at the halfway point and should spend a longer part of the sentence _ up to two thirds - in prison. Offenders who are not released at the half way stage will have their cases referred back to the Parole Board for a further review after a year. The Parole Board can request a review at any point earlier than this, but this would not normally be in less than 6 months. After a review between the half way and two thirds point of the sentence, the Parole Board may direct release of the offender on licence.
If the offender is not released at the halfway point or before reaching the two thirds point of the sentence, he/she must by law be released at the two thirds point. He/she will be subject to licence conditions on release and these conditions stay in force until the end of the sentence. In effect, the offender is serving part of the sentence under supervision in the community.
When an offender is sentenced to life imprisonment (a "life prisoner"), the sentencing judge must say how long the offender will spend in prison for the purpose of retribution and deterrence. This is called the "punishment part" of the sentence and is the minimum period of time that the offender will spend in custody. The offender has a legal right to have his/her case for release on life licence considered by a Tribunal of the Parole Board, but the Tribunal does not consider the offender's case until the punishment part of the sentence has been served.
The Tribunal of the Parole Board may direct the Scottish Ministers to release the offender on life licence at that stage, but if the Tribunal does not direct release, the offender has a right to have his/her case reviewed within another two years, and the Tribunal must set a date for the next review. The offender can also ask the Tribunal to bring forward the date of the review.
When offenders serving a life sentence are released from prison, they remain subject to licence conditions for the rest of their life.
Licence conditions
The Parole Board is responsible for directing the release of all offenders sentenced to terms of imprisonment of 4 years or more. Scottish Ministers must now accept the Parole Board's recommendations for licence conditions. This means that the Board must specify each condition that it wishes attached to an offender's licence. "General" conditions are:
- to report promptly to the supervising social worker;
- to co-operate with the supervising social worker;
- to tell the supervising social worker if he/she changes address, starts a new job or changes or loses a job.
The Parole Board may also impose additional conditions to assist the offender on his/her return to the community, to ensure the offender's good behaviour and for the safety of the public. Examples of the type of additional conditions imposed are: a requirement to live at a specified address or a requirement to undertake counselling for a specific problem such as drugs, alcohol or anger management.
Breach of licence conditions
If an offender breaks any of the conditions of licence or commits another crime, or becomes an unacceptable risk to the public, he/she may be recalled to prison to serve the rest of the sentence. The Scottish Ministers or the Parole Board may decide that the offender must be recalled to prison. When the decision to recall is made, a warrant to apprehend the offender is issued to the police.
Sometimes, the offender may be difficult to locate and the warrant cannot be enforced immediately. If the offender has been recalled, the SPS will inform the victim when the offender is back in custody.
On recall, the offender has a legal right to an immediate review by the Parole Board, to decide if he/she can be re-released or must be kept in custody. The SEJD prepares a dossier of information for the review, which usually takes place within a short time after the offender's return to custody. The offender has an opportunity to make written representations to the Parole Board about being re-released. The SEJD will invite the victim to make further representations within the same timescale for the Parole Board's review.
Recalled life and extended sentence prisoners will have their continued detention reviewed by a Tribunal. The offender will be present at the Tribunal meeting along with his/her legal representative.
If the offender is re-released, the Parole Board will inform the victim of the decision and of any conditions attached to the licence that affect the victim or his/her family.
If the offender is kept in custody, depending on the length of the remaining sentence the offender may be subject to a further review by the Parole Board. The SEJD will write to the victim offering an opportunity to make further representations. The Parole Board will write to the victim to inform of its decision and of any conditions attached to the licence that affect the victim or his/her family.
If there is no further review, when the offender reaches the appropriate point of the sentence he/she will be released on licence. The SPS will write to the victim to advise of the release date and of any licence conditions that affect the victim or his/her family.
If a Tribunal does not direct a life sentence prisoner's re-release, another Tribunal must be held within 2 years. The eligible family member will be advised as above.
Definition of a victim
A victim is defined as "a natural person against whom a prescribed offence has been perpetrated". In most cases this person will be the direct victim of the crime. Section 16(5) of the 2003 Act provides that in a case where the main victim has died, or is incapable by reason of mental disorder or inability to communicate, or is a child who has not attained the age of 14 years, the right to be included in the scheme shall transfer to the victim's relatives or carers as described in section 14 of the 2003 Act. Where a victim has died, the right shall transfer to the 4 people listed highest in the list of relatives given in section 14(10) of the 2003 Act. The full list is given later.
Where the victim is incapable (by reason of mental disorder or inability to communicate), the right is transferred to the person listed highest on the list and where the victim is a child under 14, the right transfers to the person who cared for the child immediately before the commission of the crime.
An inability to communicate that is caused by a lack or deficiency in a faculty of communication (e.g. the victim is unable to write or is unable to write in English) can be disregarded and the victim can use human or mechanical means to make the written comments, for example, by having someone else write the comments for them.
If the person appearing highest on the list is the offender, the right will not transfer to him/her, but to the next person listed.
A victim will not be eligible to receive information through the scheme if:
- the offender is released before reaching the age of 16, or where he or she has not reached the age of 16 by the time the case is referred to the Parole Board;
- there are exceptional circumstances which make it inappropriate to provide the information to the victim.
Exceptional circumstances
Under section 16(1) of the 2003 Act, the Scottish Ministers have a discretion to exclude a victim from the VNS where there are exceptional circumstances which make it inappropriate to give the information.
In practice this discretion will be exercised on behalf of the Scottish Ministers by the Lord Advocate and COPFS/VIA and the victim will not be invited to join the VNS.
There is no formal definition of "exceptional circumstances" but the discretion to exclude a victim is likely to be exercised in the following types of circumstances:
- where, from information in the possession of the Crown, there is likely to be a significant risk of harm to the offender if his/her date of release is passed to an otherwise eligible victim;
- where there is a significant risk that a further offence is likely to be committed.
The exceptional circumstances will be identified by the police or by the Procurator Fiscal but the presumption will always be in favour of inviting the victim to join the scheme.
List of Contacts for Victim Notification Scheme
Victim Support Scotland
15/23 Hardwell Close
Edinburgh EH8 9RX
Tel. 0131 668 4486
Fax. 0131 662 5400
www.victimsupportsco.demon.co.uk
Crown Office and Procurator Fiscal Service
Policy Group
Crown Office
25 Chambers Street
Edinburgh EH1 1LA
Tel. 0131 226 2626
www.crownoffice.gov.uk
Scottish Prison Service
(Victim Notification Section)
Calton House
5 Redheughs Rigg
Edinburgh EH12 9HW
Tel. 0131 244 8670
www.sps.gov.uk
Parole Board for Scotland
Saughton House
Broomhouse Drive
Edinburgh EH11 3XD
Tel. 0131 244 8687
www.scottishparoleboard.gov.uk
Victim Information and Advice National Office
Caledonian House
Greenmarket
Dundee DD1 1QX
Tel. 01382 341185
www.crownoffice.gov.uk
Parole and Life Sentence Review Division
Scottish Executive Justice Department
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Tel. 0131 244 8524
www.scotland.gov.uk
Victims and Witnesses Unit
Scottish Executive Justice Department
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Tel. 0131 244 2213
www.scotland.gov.uk
List of Prescribed Offences
Non-sexual crimes of violence
1. Murder.
2. Culpable homicide.
3. Abduction.
4. Assault.
5. Robbery.
6. Hamesucken.
7. Cruel and unnatural treatment.
8. An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).
Sexual crimes of violence and indecent crimes
9. Rape.
10. Sodomy.
11. Abduction of a woman or girl with intent to rape.
12. Assault with intent to rape or ravish.
13. Indecent assault.
14. Lewd, indecent or libidinous behaviour or practices.
15. Clandestine injury to women.
16. Shameless indecency.
17. An offence under section 106(1)(a) or 107 of the Mental Health (Scotland) Act 1984 (c. 36) (unlawful sexual intercourse with mentally handicapped female or with patient).
18. An offence under section 311 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non consensual sexual acts with mentally disordered person).
19. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)--
(a) sections 1 to 3 (incest and related offences);
(b) section 5 (unlawful sexual intercourse with a girl under 16);
(c) section 6 (indecent behaviour towards girl between 12 and 16).
20. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c.44) (abuse of position of trust).
21. An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution).
22. An offence under any of the following provisions of the Civic Government (Scotland) Act 1982 (c. 45)--
(a) section 52 (indecent photographs etc. of children);
(b) section 52A (possession of indecent photographs of children).
23. Any offence where there was a significant sexual aspect to the offender's behaviour in committing the offence.
Firearms
24. An offence under any of the following provisions of the Firearms Act 1968 (c. 27)--
(a) section 16 (possession of firearm with intent to injure);
(b) section 16A (possession of firearm with intent to cause fear of violence);
(c) section 17(1) and (2) (use of firearm to resist arrest/possession of firearm when committing a crime);
(d) section 18 (carrying firearm with criminal intent);
(e) section 19 (carrying firearm in a public place);
(f) section 20(1) (trespassing with firearm in a building).
Housebreaking etc.
25. Theft by housebreaking.
26. Housebreaking with intent to steal.
Hate crimes
27. An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (racially aggravated harassment).
28. An offence racially aggravated in terms of section 96 of the Crime and Disorder Act 1998 (c. 37).
29. An offence aggravated by religious prejudice in terms of section 74 of the Criminal Justice (Scotland) Act 2003 (asp 7).
Road Traffic
30. An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52) --
(a) section 1 (causing death by dangerous driving);
(b) section 3A (causing death by careless driving when under the influence of drink or drugs).
Other crimes
31. Breach of the Peace.
32. Extortion.
33. Fireraising.
34. Threats.
Inchoate offences
35. An offence of conspiracy or inciting the commission of an offence specified in this schedule.
36. An offence of aiding, abetting, counselling or procuring the commission of such an offence.
37. An attempt to commit such an offence.
List of Qualifying Persons (taken from section 14(10) Criminal Justice (Scotland) Act 2003)
(a) spouse;
(b) cohabitee;
(c) son or daughter or any person in relation to whom the victim has or had parental responsibilities or rights vested by, under or by virtue of the Children (Scotland) Act 1995 (c.36);
(d) father or mother or any person in whom parental responsibilities or rights are or were vested by, under or by virtue of that Act in relation to the victim;
(e) brother or sister;
(f) grandparent;
(g) grandchild;
(h) uncle or aunt;
(i) nephew or niece,
the elder of any two persons described in any one of paragraphs (a) to (i) is to be taken to be the higher listed person, regardless of sex.
- "cohabitee" means a person, whether or not of the same sex as the victim, who has lived with the victim, as if in a married relationship, for at least six months and was so living immediately before the offence was perpetrated.
The usual stages of a prison sentence where the Victim Notification Scheme applies:
Note:
The steps of a sentence described above may vary according to individual cases.
Summary of Information provided under the Victim Notification Scheme:
Registration under Part 1 only
SPS will notify the victim if any of the following occur before the end of the sentence:
- the offender becomes eligible for temporary release (e.g. home leave);
- the offender is transferred outwith Scotland;
- the offender dies in prison;
- the offender escapes or absconds.
When the offender is released on licence, SPS will notify the date of the release.
Registration under Part 2 only
When the offender becomes eligible for release on licence:
- the SEJD will send the victim a form for making written representations to the Parole Board;
- the victim can choose to make a written representation;
- the Parole Board will notify the victim of its decision;
- the victim will be told about any conditions of licence that affect the victim or his/her family.
This information will be sent whether or not a written representation is made.
Note:
If the victim registers with both parts he/she will receive all of the information.
If the victim chooses not to register at all he/she will not be sent information about the offender.