Victims in the criminal justice system - Phase I

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Inspection reports

13th October 2010

The aim of this inspection is to examine whether the police and COPFS have, in their service provision, realised the strategic aims and objectives of the existing Scottish Strategy for Victims as far as it relates to them; examine whether those services currently provided by the police and COPFS meet the needs of victims; identify areas of good practice and assist in promulgation of these throughout Scotland; and provide an update on progress of relevant previous inspection recommendations.

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Footnotes

  1. This refers to the likely outcome to the accused ie if the case were proceeded in court it would be at 'summary' level with expectation of sentence up to 12 months imprisonment, rather than the impact on the victim which is more subjective and can vary hugely depending on personal circumstances relating to the victim. Similarly 'more serious (solemn) crime' is crime with anticipated sentence of 12 months or more on conviction.
  2. Direct measure refers statutory provisions which permit offer of a penalty to the accused without the matter proceeding to court
  3. A victim is for the purposes of this inspection the natural subject of any type of crime or, where a death has occurred, the next of kin. This is consistent with the definition used in 'The Scottish Strategy for Victims'.
  4. Jim Wallace, Deputy First Minister and Minister for Justice in foreword to Scottish Strategy for Victims 2001
  5. Viviane Reding, European Justice Minister at: http//europa.eu/rapid/pressReleasesAction.do? SPEECH/10/89, 12 March 2010
  6. This refers to the likely outcome to the accused ie if the case were proceeded in court it would be at 'summary' level with expectation of sentence up to 12 months imprisonment, rather than the impact on the victim which is more subjective and can vary hugely depending on personal circumstances relating to the victim. Similarly 'more serious (solemn) crime' is crime with anticipated sentence of 12 months or more on conviction.
  7. www.scotland.gov.uk/Publications/2009/12/14120636/0
  8. 'Advice, support, safety, information services together' - a charitable organisation set up under Glasgow Community and Safety Services Limited specifically to complement the functioning of the Domestic Abuse Court in Glasgow
  9. This will include the vast majority of crimes reported to the police. Of particular note for this phase of the inspection it includes most domestic abuse cases, minor assaults and vandalism. This does not necessarily reflect the impact of the crime on the victim - see footnote 5 supra.
  10. http://www.acpos.police.uk/Documents/Policies/Scottish_Strategic_Assessment_2010_11.pdf
  11. http://www.scotland.gov.uk/News/Releases/2005/02/10114701
  12. For more information about VIA see page 34 of this repor t
  13. www.scotland.gov.uk/Publications/2008/05/29140329/0
  14. Full details of this report can be found at www.scotland.gov.uk/.../176e8db7-0c51-4642-bcae-c93dae4ea655
  15. General Minute to all staff No 2/2005
  16. VSS submission to this inspection
  17. Arrangements, principally allowed by the Vulnerable Witnesses Act 2004, to allow certain witnesses to give evidence in a way that recognises and eases some of the difficulties some witnesses have in giving evidence in the traditional manner in open court
  18. Enquiry Point - a national point where COPFS staff receive redirected telephone calls to COPFS offices and answer, as far as they are able, general enquiries about cases from information on the COPFSIT systems
  19. 'Marking' a case is the terminology used for a Procurator Fiscal (Depute) making a decision on the progress or otherwise of a case eg 'No Proceedings' or to prosecute in court
  20. Statistical Release Crime and Justice Series: Homicide in Scotland, 2008-09 at:- www.scotland.gov.uk/Publications/2010/02/19113939/6
  21. Statistical Releases Crime and Justice Series 2008-09 as before
  22. http://www.copfs.gov.uk/Publications/2005/09/InPartnership
  23. Both from the formal submission from Scottish Women's Aid
  24. The SE valuation of The Pilot Domestic Abuse Court:- http://www.scotland.gov.uk/Publications/2007/03/28153424/14 ( Chapter 5)
  25. Written submission from Scottish Women's Aid
  26. www.scotland.gov.uk/Publications/2008/05/29140329/0
  27. Multi-Agency Risk Assessment Conference - grouping generally consisting of statutory and at times voluntary bodies aimed at recognising and preventing high risk of crime
  28. http://www.acpos.police.uk/Documents/Policies/CRIME%20-%20Scottish%20Crime%20Recording%20Standard%20Manual.pdf
  29. http://www.scotland.gov.uk/Resource/Doc/925/0103310.pdf
  30. This offers victims the facility to report a crime without initiating direct contact with the police
  31. A 'custody' case is one where the accused in detained in custody by the police following arrest and the report on the alleged crime is forwarded to the Procurator Fiscal in time to allow the accused to appear at court on the next (court) day
  32. Statutory provision of penalty on the accused without invoking the court system including Fixed Penalties and Compensation Orders
  33. Taken from Response from Scottish Women's Aid June 2010 submitted to this Inspection

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