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Welcome to the 2nd edition of the Scottish Executive Victims and Witnesses Unit newsletter. This regular newsletter will help us share with you what's going on within the Unit and encourage your interest and participation to help us meet our goal of bringing victims and witnesses to the heart of the criminal justice system.
New Guidance Launched to Support Child Witnesses
Two new documents containing advice on providing therapeutic support for child witnesses and guidance for the police in recording information on child, young and vulnerable witnesses were published on 19 January 2005.
The guidance on therapeutic support
is designed to clarify, for all those involved with child witnesses in legal proceedings, that decisions about the provision of therapeutic support lie with the child and/or those responsible for the welfare of the child; and to provide guidance on how that therapeutic support can be provided to child witnesses in ways that avoid the risk of contaminating evidence.
The guidance on recording information is primarily for police officers as well as children's reporters and procurators fiscal and is designed to ensure best practice standards in recording certain information about child, young and vulnerable adult witnesses.
The Deputy Minister for Justice Hugh Henry said: "The experience of the justice system by a child witness can be a stressful and bewildering one.
I want to make sure that they do not suffer any further unnecessary stress, and receive the support they need. These documents contribute to the series of child witness support guidance which aims to improve support and reduce stress for children involved in legal proceedings."
Further information can be found on the Scottish Executive Website at http://www.scotland.gov.uk/Topics/Justice/criminal/18245/12291
New National Standards for Victims of Crime
A leaflet outlining New National Standards for Victims of Crime was published on 23 February 2005.
The standards set out what victims of crime should expect in their dealings with the criminal justice and children's hearing systems - in terms of support and information they receive and their participation in any proceedings.
The leaflet also lists the agencies that victims might have to deal with and gives a brief description of what each does.
It also gives advice on how to make a complaint if standards are not met.
If you would like copies of this leaflet please call the Unit on 0131 244 2213. You can also access the standards at http://www.scotland.gov.uk/library5/justice/nsvcl-00.asp
Changes in the Unit
Since the last newsletter Clare Collin and Gillian Heavie have joined the Unit. Ann Orr and Claudine Persaud have since left.
Recent Achievements include:
- Vulnerable Witnesses (Scotland) Act Information Guide for Practitioners
- Information Pack for Bereaved Families and Friends following Murder or Culpable Homicide
- New Guidance launched to support Child Witnesses
- National Standards for Victims of Crime
Crown Office and Procurator Fiscal Service ( COPFS)
On 10 February, during a debate in Parliament on the modernisation of COPFS, the Lord Advocate announced that victims and next-of-kin will routinely be able to request and receive an explanation for the decision not to proceed in a case.
Wherever possible, information will be provided to the victim (or next-of-kin) on request, where a decision is taken:
not to proceed with a case or a charge;
to discontinue proceedings in a case or a charge;
to substantially change a charge;
or to accept a plea to a reduced charge.
The information will be provided by the Victim Information and Advice service ( VIA) if they are already in contact with the victim or next-of-kin and providing information about case progress. In all other cases, the information will be provided by the Procurator Fiscal. If the victim/ next-of-kin wishes an explanation of the reasons for the decision, this will be provided by the Procurator Fiscal.
Vulnerable Witness (Scotland) Act Practitioner Information Guide
The purpose of this leaflet is to provide practitioners with a brief guide to the Vulnerable Witnesses (Scotland) Act 2004 and information on how it is implemented.
This leaflet is likely to be of particular interest to legal practitioners, the police, Crown Office and Procurator Fiscal Service, social workers, Witness Service Volunteers and workers in other support organisations.
The guidance is available on our website or alternatively contact Isobel Gifford on 0131 244 2213 if you would like a copy.
Vulnerable Witness Act Roadshows
We are pleased to say that there has been a good turnout at the Vulnerable Witness Act Roadshows. An opportunity for practitioners to discuss various issues relating to the Act has been welcomed.
Have your say ...
Please let us know what you think of our newsletter. Is there anything you would like to see included in a future issue? Would you like to submit an article that we could perhaps include?
Please contact us by e-mail vitalvoicesfeedback@scotland.gsi.gov.uk or call 0131 244 3314.
Information for Bereaved Families and Friends Following Murder or Culpable Homicide Guidance
Bereavement is a shattering experience. When someone close to you has been killed, it is particularly devastating. An information pack for families and friends bereaved by murder and culpable homicide is now available. It provides information about a range of issues, from the immediate aftermath of the death until well after the trial is over.
It offers practical information, contacts for emotional support and information about what to expect throughout criminal proceedings. The information pack is given to families by police Family Liaison Officers and is also available through support groups like Families of Murdered Children, People Experiencing Trauma and Loss and Victim Support Scotland. Thanks to FOMC, PETAL, VSS, the police, the Crown Office and Procurator Fiscal Service (including its Victim Information and Advice service), the Scottish Court Service and Social Work for their invaluable input to helping the Victims and Witnesses Unit develop the pack.
A similar pack - for families following a death on the road - is also available. It is currently being revised by Brakecare, a UK road safety charity, in consultation with a wide range of organisations across Scotland. The revised pack should be available by Summer 2005. It is also given to families by police Family Liaison Officers.