Section 8 - Victim work
8.1 The victim focus of MAPPA includes not only those who are already victims; as already stated, consideration must also be given to new or potential victims, and it is this, which requires focussed risk assessment. In some cases a victim may not be an individual but a group of people who may be at risk by virtue of their location, race, religion, culture, sexual orientation, age, gender, disability or other distinguishing characteristic.
8.2 The risk an offender may pose to some particularly vulnerable groups, such as children, requires effective inter agency communication and working. Liaising with victims, particularly those who are most vulnerable, requires careful assessment and delivery.
8.3 The police are more likely to be the initial agency, which has contact with a victim and therefore in the more serious cases Family Liaison Officers are deployed to assist, not only the victim but those persons who have been seriously affected by the offence itself for example, the family of a murder victim. The Police will support the victim until the case has progressed to prosecution where they will liaise and introduce members of the Victim Information and Advice ( VIA) staff who are part of COPFS. VIA provides factual advice and support to victims on the progress of a case from initial reporting to the Procurator Fiscal, through to trial.
8.4 Victim Support Scotland ( VSS) is the lead voluntary organisation in Scotland, which helps people who are affected by crime. This organisation is independent from statutory organisations and provides:
- free confidential help when it is needed.
- information about the criminal justice process, compensation schemes, insurance, crime prevention, anti social behaviour.
- emotional support, reassurance and understanding.
- help with practical issues.
- referral to another agency if other support is needed, providing the victim consents
8.5 Trained and vetted volunteers provide the service through a network of community based services in every local authority area within the Lothian and the Scottish Borders CJA.
8.6 The witness service is part of VSS and helps people through the judicial service by providing practical and emotional support before, during or after trial. The witness service, as well as Women's Aid and Rape Crisis Centres and other voluntary agencies, provide an essential support service to victims.
8.7 The Victim Notification Scheme was brought into being on the 15 th May 2008. In cases where a victim's assailant has been sentenced to 18 months imprisonment or more, the victim has the right to apply to receive information including, the date the person will be released or that the person is unlawfully at large.
8.8 From 15th May 2008, in cases where the victim's assailant is sentenced to 4 years or more in prison, victims also have the right to apply to receive information including, if the person has become eligible for temporary release, and can make representations to the parole board prior to a decision being taken on the release of the offender.
8.9 The challenge for MAPPA is ensuring that the risk assessment and risk management plans delivered for the offender take full account of the known concerns of any victims. The plans must be robust to minimise the likelihood of the offender causing further serious harm. There is a commitment by all agencies in seeking to protect identified victim(s) and the community at large by delivering risk management plans at all levels and at various stages of the process.
8.10 During the course of every MAPPA meeting there is a discussion central to the victim or potential victim(s), which focuses on reducing the risk of harm presented by the offender. The range of options available to MAPPA panel included formal disclosure, a range of preventative civil orders, recommendations to vary parole licence conditions, referral to child and/or adult protection procedures. Where an individual has been made aware of potential risk they will be offered support whether from statutory or voluntary agencies and where appropriate potential victims will be afforded advice and practical personal protection.
8.11 In Lothian and Borders CJA area Registered Sex Offenders assessed as requiring management at either level 2/3 will be discussed by MAPPA panel, prior to their release from prison. This enables the panel to make early checks on the current status of victims (where known), and taking their needs into account, contribute to the request for specific licence conditions. Consideration of risk in the community needs to be addressed when preparing prisoners for release and decisions on appropriate licence conditions should be considered within the prison's integrated pre-release case conference. The criminal justice supervising social worker, often accompanied by the police Offender Assessment Officer, will reinforce to the offender the requirement to comply with licence conditions and the possibility, as discussed in section 4, of being recalled to prison in the event of non-compliance.
8.12 Where circumstances subsequently arise which require either recall to prison or revision to original licence conditions, the request to the parole board will be made by the supervising criminal justice social worker. Such requests to the parole board, must be supported by proportionate and justifiable reasons, linked to the risk posed by the individual offender.
8.13 The CJA Training Outcome Group has a remit to develop multi-agency staff awareness raising training around issues for victims and the CJA has allocated funds to support this. There are plans to develop a training programme with the express aim of ensuring victims remain at the forefront of all our work.