Joint thematic report on the provision of services to witnesses

BE REFERRED:-MUSTCATEGORIES OF CASES WHICH

1. Victims in all serious cases, where the nature of the charge(s) is indicative of solemn proceedings.

If, however, a case is only to proceed on indictment because of the status of the accused, as opposed to any feature of the victim, that victim will not be eligible. Thus the car owner in a case of theft will not be entitled to the service if the case is on petition by reason of the accused's record and/or the volume of the charges only, unless s/he comes within the terms of category 8 below.

2. The next of kin in cases involving deaths which are reported for consideration of criminal proceedings and death cases where a Fatal Accident Inquiry is to be held.

3. The next of kin in all cases where there were likely to be or it becomes clear after initial investigation that there will be significant further inquiries, or where, in all the circumstances, it is considered that the assistance of VIA would be appropriate.

4. Victims in cases of domestic abuse.

5. Victims in cases with a racial aggravation and cases where it is known to the Procurator Fiscal that the victim perceives the offences to be racially motivated.

6. Cases involving children.

7. Victims in cases involving sexual offences.

8. Cases involving vulnerable witnesses, ie witnesses who:

Have learning difficulties;
Have physical disabilities;
Suffer from mental health problems;
Are Asylum Seekers or witness with language difficulties;
Are terrified of accused and/or of reprisals;
Are victims in cases where sexual orientation/gender identity may give rise to vulnerability, eg homophobic crime (Lesbian, Gay, Bisexual, Transgender);
Other.

Age is not recognised by Victim Information and Advice as automatically suggesting vulnerability. Older people will only be regarded as vulnerable if they come under one of the categories listed above. The 'other' criterion leaves it open to the discretion of the person dealing with the case to decide that a particular witness is vulnerable, even if they do not fall within the terms of any of the specific categories.