MAKING JUSTICE WORK FOR VICTIMS AND WITNESSES
VICTIMS AND WITNESSES BILL - A CONSULTATION PAPER
Policy Objective
The central objective of the Bill will be to improve the experience of victims and
witnesses within the criminal justice system to enable them to contribute effectively to
cases which affect them. We also believe that it is right to make offenders more
accountable for the harm or damage that their actions cause to victims of crime.
Improving the experience of victims and witnesses
Standards of Service
We propose to create a duty on relevant public agencies to set clear standards of
service for both victims and witnesses. Those bodies will be expected to report
performance against standards and to have an effective complaints procedure. We
propose that standards should:
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make clear what victims and witnesses can expect from the various organisations
they come into contact with
set a clear benchmark against which performance of public bodies can be
measured
help improve accountability and influence behaviour and attitudes
Special Measures
Special measures are intended to enable vulnerable witnesses to provide the best
possible evidence. Currently only child witnesses (up to 16) have an automatic
entitlement to standard special measures. We propose to change the definition of a
child to be a person up to age 18. In keeping with other developments to improve
support for victims of domestic abuse and sexual offences, we propose to create an
automatic right to standard special measures for victims in cases involving sexual
offences and domestic abuse. Standard special measures are (i) a live television link
within the court building; (ii) a screen so that the witness does not see the accused; and
(iii) a supporter along with either (i) or (ii).
Information
The Scottish Government believe that as much information as possible about crime,
prosecution and the outcome of court cases should be made publicly available. We
propose to commission a feasibility study into: developing an online information hub to
provide case-specific data; examining what data can be made publicly available; looking
at protections required to avoid unhelpful intrusion into the privacy of victims and
witnesses or incursion into fundamental protections for accused persons.
Case management
Studies and Surveys show that victims and witnesses do not feel valued within the court
process. The main reasons for this are long waits in court and the frequency with which
trials are postponed or do not go ahead at the last minute. We propose to improve the
way cases are managed so that victims and witnesses can have far greater confidence
that, where they are required to give evidence, the case will go ahead on the day as
planned.
Making Offenders Pay
Compensation
The current law allows the courts to consider granting a compensation order. To
establish a more direct link between offenders and compensation for their victims we are
proposing to require the courts to consider compensation in every case where a victim
has suffered injury, loss or distress.
Victims Surcharge
The principal aim of introducing a victim surcharge is to make offenders more
accountable for the harm or damage that their actions cause to victims of crime. This
means that offenders will pay towards the cost of supporting victims and the surcharge
will provide a pool of revenue that can be used to the benefit of victims.
We are
proposing that the bulk of the revenue should be used to alleviate hardship amongst
victims, particularly of more serious crime. The proposal is to apply it as a flat rate to
court fines in the first instance with the possibility of making it a proportionate surcharge
and rolling it out to custodial sentences and direct measures at a later date. We also
propose that priority should be given to any compensation payment to the victim,
followed by the surcharge and then the principal fine.
Restitution Orders
Police officers are very frequently exposed to criminal damage and injury as a direct
result of carrying out their duties. Our proposal is to give the courts an additional option
of awarding a restitution order in cases where Police Officers have been victims of
violence while carrying out their duties and those monies raised will help fund any
treatment and rehabilitation required.
Examples of help provided via the Victim Support Scotland Victims Fund:
1. A woman with disabilities, who was unable to leave her home without her mobility
scooter, was given help to purchase a second hand scooter after her scooter was
vandalised with friends and family raising half the cash. The scooter enabled her to
collect her shopping and allowed her to visit friends and family.
2. The house-bound father of a murder victim could not afford to bury his son and his
social worker was concerned about the effect of more debt on his client’s mental
health. The Fund helped towards funeral costs.
3. A woman with hearing difficulties and responsible for the care of her daughter was,
on several occasions, the subject of harassment and her home was vandalised.
Police advised her to get an audio video entry system and CCTV cameras but the
local council declined to fund these items. Because of the effect the circumstances
were having on the woman and her child and their health the Fund helped towards
the cost of a security system.