CSAN (Caritas Social Action Network) response to
Improving the Code of Practice for Victims of Crime
About CSAN
CSAN (Caritas Social Action Network) is the domestic social action arm of the Catholic
Church in England and Wales. Our network includes a number of charities working in the
field of criminal justice and providing support for vulnerable people.
The Catholic Church has consistently recognised support for victims as a central pillar of our
criminal justice work.
The seminal 2004 Bishops’ Conference document A Place of Redemption explicitly
recognised that:
“the first imperative must always be to attend to the victim.”1
We therefore welcome the opportunity to feed into this important and timely consultation.
For more information on this response please contact:
Liam Allmark
Public Affairs Officer
CSAN (Caritas Social Action Network)
liam.allmark@csan.org.uk
020 7633 4971
Positive provisions in the draft code
As outlined in our response to Getting it Right for Victims and Witnesses, CSAN strongly
supports the government’s intention to ensure the Victims’ Code is user-friendly and victimfocussed. Many of the practical provisions included in the draft code are positive steps
towards achieving this.
Retaining an enhanced service for vulnerable, intimidated or persistently targeted
victims, and victims of the most serious crimes is extremely important. It is encouraging
that this category will be extended to automatically include all victims under the age of 18,
given the profound effect that crime has on so many young people. Specific provision for
disabled victims is similarly notable, particularly in light of the rise in disability-related hate
Catholic Bishops’ Conference of England and Wales, A Place of Redemption: A Christian Approach
to Punishment and Prison (2004)
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crime during recent years.2 The code’s inbuilt recognition that the needs or vulnerability of
any victim may fluctuate over time is also a very welcome aspect and is reflective of real-life
circumstances.
Victim Personal Statements (VPS) provide a crucial mechanism for giving victims a voice
in the criminal justice system. There is a clear need for greater understanding of the effect
that crime has on individuals and families, and it is therefore important to address current
shortcomings such as low numbers of victims being offered the opportunity to make a VPS,
lack of integration between criminal justice agencies that can prevent them being properly
utilised, and overall confusion regarding their purpose and use. Efforts to rectify these issues
through introducing an entitlement to make a VPS at the point of completing an evidential
witness statement and clearly specifying its purpose in the code are very welcome, as is the
government’s commitment to produce further guidance in this area. Serious consideration
should be given to the option of extending these provisions, by giving victims the right to
have their VPS read in court should they request it.
The Church has long recognised the value of Restorative Justice in offering victims the
opportunity for at least some degree of closure, whilst encouraging offenders to both
acknowledge the harm they have caused and work to make amends. It is an important step
in recognising that all involved must be treated as valuable people with a stake and a voice
in society, and has clear practical results for communities as well as individuals. The
entitlement for victims to receive information on Restorative Justice is therefore a welcome
addition to the code. It is however important that this entitlement is coupled with adequate
provision of Restorative Justice services. Given the significant potential to help victims of
crime and reduce re-offending, the government should proactively work to expand the supply
Restorative Justice services, making them available for all who wish to partake.
Victims deserve efficient redress when support services do not meet reasonable
expectations. Shifting responsibility for directing complaints to the correct agency, from
the victim to the agencies themselves, and obligating criminal justice agencies to
respond to complaints in a full and timely manner, are welcome revisions to the code
that will make the complaints system more accessible and effective. There remains scope to
strengthen the process further, particularly through exploring mechanisms that could compel
agencies to take particular actions in addressing complaints and to publish data regarding
complaints in a regular and consistent format.
Human Trafficking is one of the most severe and horrific violations of human dignity. The
transposition of EU Directives relating to trafficking victims and the specific intention to
ensure that these victims are treated in a sensitive and appropriate manner by criminal
justice agencies is extremely positive.
Concerns regarding restrictions to automatic referral
Whilst CSAN recognises the importance of providing an enhanced service for vulnerable,
intimidated or persistently targeted victims, and victims of the most serious crimes, we do
not agree that automatic referral to victims’ services should be restricted to these
groups.
2
CPS/ACPO figures (2012)
The consultation paper states that “victims who do not want any contact or support from
criminal justice agencies should not receive it.” This principle is already reflected in the right
of any victim to refuse or opt-out of receiving services as and when they choose; it is
unnecessary therefore to limit the offer of services through the framework outlined in the
draft code.
In practice there is very little difference in requirement for support between victims of ‘high
impact’ or ‘low impact’ crimes, and tens of thousands of ‘minor crime’ victims utilise support
services each year.3 Whilst the proposed police assessment of needs and vulnerability may
go some way towards identifying those who require the most help, a number of people in
need will inevitably be overlooked and will not be offered support that they would be under
the existing system. It is also highly questionable whether our police forces are currently in a
position to take on such significant additional responsibilities for assessing victim needs, in
addition their central role of tackling crime and protecting public safety.
Whilst it is welcome that victims not automatically referred will still be entitled to have their
details passed to victims’ services upon request, the proposed minimum level of information
provided at the outset is inadequate to facilitate this. Merely presenting victims with the
details of website containing information for self-referral will not necessarily encourage
people to seek support should they feel the need for it; indeed in some cases it may be
impractical for them to do so.
We therefore strongly support the continuation of automatic referral to victims’ services for all
victims of crime, and the existing option for victims to refuse or cease support at any point.
Concerns regarding applications for compensation
Whilst CSAN recognises the importance of providing vulnerable or intimidated victims with
assistance in obtaining information to support applications for Criminal Injuries
Compensation, we feel that such assistance should be extended beyond these groups.
Criminal injuries can have a devastating and sometimes lifelong impact upon blameless
victims. It is therefore essential to ensure that those affected are able to quickly and
efficiently access compensation to which they are entitled and which may alleviate hardship
for them and their families.
Particularly in light of recent and significant restrictions to legal aid, there is a very real
danger that some people will face difficulties or delays in navigating the Criminal Injuries
Compensation Scheme. It is therefore important that options are explored for providing
necessary assistance as widely as possible, to avoid exacerbating the challenges faced by
injured victims.
May 2013
Victim Support figures (2013): 66% of ‘high impact’ crime and 57% of ‘low impact’ crime have
support needs; over 100,000 victims helped in 2011 would not receive help on the basis of the crime
under the propose system
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