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Welcome to the fifth edition of Victims and Witnesses newsletter, Vital Voices.
This regular newsletter will help us share with you, and keep you informed of, what's going on in the unit and encourage your interest and participation to help us meet our goal of bringing victims and witnesses to the heart of the justice system.
Vulnerable Witnesses (Scotland) Act 2004 - Phase 2 Commencement of provisions for adult vulnerable witnesses
From 1 April 2006, the provisions within the Vulnerable Witnesses (Scotland) Act 2004 have taken effect for adult vulnerable witnesses in solemn criminal proceedings (High Court and sheriff and jury court) and Children's Hearing court proceedings.
The Vulnerable Witnesses Act aims to improve conditions for vulnerable witnesses by extending the definitions of vulnerability and increasing the number of support measures available to help improve the quality of their evidence and help them participate more fully in the justice system.
Identifying Adult Vulnerable Witnesses
Responsibility for identifying an adult vulnerable witness for the purposes of applying to the court for special measures lies with the party citing the witness. Thereafter, if an application for special measures is submitted, it is for the court to determine if the witness is vulnerable under the terms of the legislation and if special measures will be granted.
New guidance 'Identifying Adult Vulnerable Witnesses' has been developed in partnership with our key stakeholders. It aims to assist practitioners working in the criminal justice system to understand the legislative basis and its practical implications for identifying vulnerability, including consideration of the most appropriate support measures.
Stand-alone Provisions
The Vulnerable Witnesses Act also introduces a number of stand-alone provisions intended to support or protect witnesses at various stages of the justice system. These were commenced from 1 April 2005. The guidance on 'Stand-alone Provisions', also developed in partnership with stakeholders, is intended to explain these provisions, who they apply to, and in what proceedings.
Live Television Link
The Act also enables a number of practical options when using the special measure of a live television link. Stakeholders requested further clarification of these options and an Addendum to section 6 of the guidance pack has now been produced.
These new pieces of guidance have been distributed to practitioners working with vulnerable witnesses.
Copies of the guidance are also available on the Scottish Executive website at http://www.scotland.gov.uk/Topics/Justice/criminal/17416/InformationMaterials
Vulnerable Witness Officers - Pilots in Aberdeen and Ayrshire
Two Vulnerable Witness Officers have been recruited to the Unit to establish pilot projects in Aberdeen and Ayrshire. Zara Strange (Vulnerable Witness Officer, based in Aberdeen) and Alistair McKie (Vulnerable Witness Officer, based in Ayr) have been tasked with providing local system wide co-ordination and monitoring of service and support provision for adult vulnerable and child witnesses, in conjunction with a local steering group.
The officers have been in post since October 2005 and the pilots will run for a period of 2 years.
The aim of the pilot is to explore and make recommendations on:
- the provision of consistent, integrated and accountable services to support child witnesses and adult vulnerable witnesses throughout all legal proceedings, with effective and high quality standards of delivery; and,
- how this could be better achieved across Scotland.
There will also be a study of the pilots to evaluate their effectiveness and make recommendations for the achievement of consistent, integrated and high quality service delivery at national level.
The officers are currently carrying out a mapping and audit exercise of local service provisions, protocols, awareness and training in their local areas. The next steps will be to compile an action plan and to develop a local directory of contacts and an information leaflet on local services. The pilots are being implemented in a phased approach, covering child witnesses and vulnerable adult witnesses in criminal and children's hearing court proceedings in the first year, followed by civil and Fatal Accident Inquiries in the second year.
Local steering groups have also been established to oversee the work at a local level.
The Deputy Minister for Justice, Hugh Henry said: "Our courts and laws are being modernised to provide a public justice service designed around the needs of the law-abiding many and not for the convenience of the law-breaking few. We must do all we can to improve the whole experience of child and vulnerable witnesses as they go through the justice system. So I am delighted that we have set up pilot projects to establish what works well and to disseminate the lessons learned. These lessons can help reduce the worry felt by child and vulnerable witnesses in courts across Scotland."
Are We Getting it Right?
The Unit's Vulnerable Witnesses Branch was pleased to be the only Justice Department entrant in the Executive's annual 'Excellence Awards' to receive a commendation which was for its work in producing a series of information booklets for child witnesses and their carers on 'Being a Witness'. Clearly our in-house peers think we are getting something right but do you as our stakeholders? How can we do better? Do we listen enough to your views? Please let us know.
Consultation on the Criminal Injuries Compensation Scheme ( CICS)
The CICS pays compensation to people who have been the victim of a violent crime. Its aim is to provide victims with financial recognition of their pain and suffering and to allow society to express its regret to them. CICS pays out about £170m in compensation each year.
On 8 December the Home Office launched a consultation paper - 'Rebuilding Lives - supporting victims of crime' - with proposals for radically simplifying the CICS and for providing better emotional and practical support to victims. The proposals in the consultation paper for developing victims' services apply to England and Wales only. Hugh Henry, the Deputy Justice Minister, wrote to stakeholders in Scotland seeking views on how victims' services in Scotland might be developed in light of the review of the CICS. The Minister invited written comments and a consultation event was held in Edinburgh on 7 March. Stakeholders heard from Home Office officials and gave their views on the review and on improving victims' services in Scotland. A number of replies to the Minister's letter have been received since then, together with the views expressed at the event of 7 March, which will be taken into account when deciding how best to reform the CICS.
The Home Office consultation paper can be found at: http://www.cjsonline.gov.uk/the_cjs/whats_new/news-3283.html
More information for Victims and Witnesses
Additional translations of information for victims of crime
In response to recent requests, we have arranged for both the Victims of Crime information leaflet and the National Standards for Victims of Crime leaflet to be translated into Polish, Russian, Latvian and Lithuanian. These translations are in a PDF format and will shortly be available through the victims of crime website ( www.scottishvictimsofcrime.co.uk ). If you would like to receive electronic versions of these documents direct please contact our latest recruit, Michele Aitken at Michele.aitken@scotland.gsi.gov.uk (or telephone 0131 244 4227). Michele works part time and can be reached on Tuesdays and Wednesdays. Although she provides support across the range of victims of crimes issues, Michele's particular responsibilities are the information leaflet and the victims of crime website.
Further "Being a Witness" information booklets for Vulnerable Witnesses
Following the production of the "Being a Witness" information booklets for child witnesses and their parents and carers to help them understand what being a witness means and to explain what special measures are and how they operate, two booklets for adult witnesses are being produced. These cover 'Going to Court' and 'The Use of Special Measures'. The first explains what being a witness means and about going to court. The other explains what special measures are and how they can help particularly vulnerable witnesses give their evidence. Both booklets will be available from April 2006.
The Vulnerable Witnesses Branch are also working closely with ENABLE to produce information booklets for witnesses with learning disabilities which should be available from Autumn 2006.
Have your say
Please let us have your comments about the way we keep in touch with you. Are we joined up? Could we consult with you in a better way?
Do you have any comments on the issues raised in this newsletter?
We look forward to hearing from you.
Please contact us by e-mail: vitalvoicesfeedback@scotland.gsi.gov.uk or call 0131 244 3314.
Help us to help victims and witnesses.