he following outlines the against the side of the vehicle and. was arrested and was neither circumstances relating to thinking that some accidental gassed nor handcuffed, but left to an unprovoked racist collision had occurred. Marcus sit unattended in the back of a T stopped to inspect the damage and police car. despite the fact that he attack on two Black teenagers and see that the cyclist was unharmed. had attacked the car with the the five year old sister of one of As he got out of the car the cyclist bicycle and smashed the driver's them on August 19th 1997. approached the car. shouting and window in full view of at least before Marcus was able to say three officers and is visible on anything punched him in the face. CCTV footage of the incident A scuffle then started as Marcus struggling with an officer, along defended himself against the with others in the attacking mob. The victims of continuing attack and in the meantime. Francisco got out of the car to attempt to calm the situation. In custody Following the arrest the Black At this point an associate of teenagers were left to sit in the racist violence Canavan. John Shepherd arrived locked van with no ventilation (this with an aggressive dog and was in the middle of August) for menaced the two teenagers, while approximately ten minutes, further inciting the dog to attack them. He Hilary Brown looks at institutional aggravating the effects of the CS threatened to put the agitated dog spray, whilst the police (numbering racism within the criminal justice tn the car with the terrified child around eight) directed traffic. A and racially abused all three. At protracted journey to two police system and the consequences for this point a bystander extricated stations meant they remained in the the child, shouting that he would police van for over one and three victims of racist violence. take her to a nearby shop and wait quarter hours so could not wash off for the teenagers. Marcus drove the the spray. During the time they car into an adjoining street and What distinguishes this attack spent in the van they were told it Francisco escaping on foot. They and makes it all the more was "too fucking bad", when they were reunited as they returned to disturbing is the response of the informed one officer they could search for Emma hut then relevant authorities, including the not breathe because of the gas. encountered a larger group, police and CPS. What emerges is including their two original Once in the police station, they a culture of institutionalised racism attackers, which necessitated their were denied access to washing which, without the intervention of escaping in the car. It was whilst facilities for the effects of the CS the Butetown Citizens Advice escaping that they spotted a police spray, but had to make do with a Bureau, the 1990 Trust and the vehicle and flagged it down to ask cup of water passed through the Society of Black Lawyers, would for help. After explaining briefly door of the cell. They were also not undoubtedly have resulted in the what had happened and given any medical treatment for innocent victims of this vicious emphasising their fears for ihe the injuries sustained during the attack being convicted of serious safety of the child who had of attack or the subsequent arrest. offences under the Public Order necessity been left with a stranger Act: offences which attract Having been placed in the cells they followed the officer back to potential custodial penalties. at around 8pm. Marcus was the scene. interviewed at about midnight and Francisco was then interviewed As they arrived they spotted The attack from about 1.00am. They were their two attackers amongst a both released from custody at 3am In the early evening Marcus group of around five or six running but were obliged to wait for the car Walters (then 18) his sister Emma across the road towards them. The to be released to them. They then (then 5) and his friend Francisco group surrounded the car. throwing sought medical treatment at the Borg (then 17) left their homes in a bicycle at it and smashing the Cardiff Royal Infirmary, where the Butetown area of Cardiff in driver's window, before trying to doctors noted severe irritation from Marcus' car to travel to Roath. drag them both out. Only at this the spray, deep cuts, widespread While driving Marcus slowed to a point did the officers (now- bruising and swelling. The virtual standstill to negotiate a numbering three) intervene, the following day Francisco found the narrow traffic calming grid. As he attack continued and the terrified skin peeling from his face and moved over the grid a cyclist. Sean teenagers tried to escape by continued to suffer a burning Canavan. rode off the pavement jumping out of the car and running sensation from the effects of the and tried to force his way past the away. oncoming car. spray for four to five days. As the cyclist passed the cars It is important to remember occupants heard a loud bang The arrests that the reason for the boys being Other police units arrived and. accompanied to the location at seemingly oblivious to the fact that which they were ultimately- it was the teenagers who were arrested was their concern for "The above results were arrived at being subjected to such a young Emma. Despite that, it was determined attack, proceeded to not until the bystander who had following a period of sustained pressure arrest both. In the process of removed her contacted the police and intense campaigning in support of making these arrests the officers to inform them that she was under felt it necessary to employ CS gas his protection that any steps were these two young Black men, and it is on one of the Black teenagers, later taken to find her. She was then almost without question that had they justifying this by saying the bov transferred to Cardiff Central was resisting arrest; both were police station. extremely- relied on the advice they originally handcuffed and thrown into the distraught, where she was received, and pleaded guilty, they would back of a police van. eventually reunited with her mother. now be serving prison sentences." Only one of the white group

16 CJITI no. 35 Spring 1999 'These two victims of racial violence suggests that the officers were not However, in order that this approaching the situation function may be achieved, it is were left with the impression that the objectively, but instead saw a essential that all concerned criminal justice system is not designed to Black youth involved (in whatever understand and discharge their role) in a disturbance and responsibilities comprehensively, provide them with justice. The overall considered that he should be not least the CPS. For the CPS this impression given to them (and their apprehended with all the force at includes doing their utmost to their disposal. secure a finding of racial advisers) was that their views were not It is hard to speculate as to the motivation where appropriate; in welcome, they had nothing to contribute exact motivation of these officers, this instance it is felt that this but the facts are that out of perhaps standard was not reached. and that they should stop trying to seven or eight people visible on the There are a number of interfere with things which did not CCTV footage as being involved drawbacks inherent in the use of in the incident, only one (who is the Newton hearing. Firstly, it can concern them." clearly not behaving in the manner involve the victim "reliving" what described), was CS gassed. While is inevitably a traumatic the boys were at the police station experience. In this instance, both officers had expressed disbelief Charges and disorder (although the charge of victims were required to give criminal damage was not that neither had previously been in evidence in lengthy testimonies, criminal proceedings mentioned) following pleas of trouble with the police. facing cross examination from The two Black teenagers were guilty being entered, and the third It is perhaps this last point separate counsel for each of the 3 charged as an immediate pleaded guilty to a lesser charge of which best illuminates the police defendants. Despite being the consequence of the incident, the using threatening words and attitude. That as Black people they primary witnesses, the CPS on this charges being as follows: behaviour (contrary to S4 of the must surely have been at some time occasion did little to protect the • Marcus Walters Public Order Act 1986). in trouble with the police. This credibility of the teenagers' violent disorder (contrary to must surely be seen as an example evidence. Instead, suggestions were made that they had only S2 Public Order Act 1986) The case against the of institutionalised racism, in that • Francisco Borg these Black teenagers were treated started to claim they were victims violent disorder (as above) prosecution in a way which falls far short of of a racial attack after they were The above results were arrived at how they, or any other person "contacted by Black activist These charges were ultimately following a period of sustained would expect to be treated, and that organisations". The CPS had in withdrawn as on the third pressure and intense campaigning this treatment resulted from the their possession police statements appearance at Cardiff Crown Court in support of these two young preconceptions held by officers indicating that the victims felt they on 15th April 1998 the CPS opted Black men, and it is almost without and assumptions made about the were subject to a racial attack and to offer no evidence. There was question that had they relied on the character and behaviour of young correspondence from the Cardiff still, however, an insistence that advice they originally received, Black men. The fact that the case and Vale Race Equality Council Marcus be bound over for 12 and pleaded guilty, they would against them continued confirming that the incident was months. The above was only now be serving prison sentences. unquestioned merely serves to recorded as racially motivated in achieved after seven court What went wrong and what should demonstrate how entrenched and September 1997, yet did nothing appearances over a period of five have happened to ensure that this all-pervading these attitudes are. to correct the impression given to months, and despite the fact that result was arrived at without the Contrast this with how police the court. Similarly the CPS had the evidence, in the form of the extraordinary intervention that did responded to the white attackers. an enhanced copy of the CCTV statements of police officers, take place? Considering the Police statements describe how footage prepared by the boys' contained innumerable circumstances of the attack why moments before this incident, they solicitors at their disposal but made no use of this, and it was left to contradictions. The accounts were the two Black men arrested, gather in a mob, shouting "we let alone charged and prosecuted? fucking hate blacks", before one of the boys to present the presented, all differed in standard footage to the court. significant ways from the CCTV CCTV footage shows a gang moving off to hunt their victims, video of the incident. of white men attacking a car in full yet the officers do nothing. The It can of course be argued that view of at least 3 police officers. CCTV footage shows this gang run these are not an indication of any In contrast to this, the charges It is clear who are the aggressors; across the road and attack the car form of racism. However these two made against the white attackers why was it so unclear to the unhindered by the police. The victims of racial violence were left were as follows: officers present? When the officers pictures show the attack with the impression that the • Sean Canavan who eventually make the arrest continuing in the presence of criminal justice system is not violent disorder arrive, they would not have seen officers and the arrest of the designed to provide them with criminaJ damage the attack but why, out of all the victims, yet the police statements justice. The overall impression • John Shepherd people involved, are the Black men show a picture of two violent and given to them (and their advisers) violent disorder the ones arrested? uncontrollable Black criminals was that their views were not • Raymond Lovell Why was it felt necessary to who can only be pacified with the welcome, they had nothing to violent disorder use CS gas? The police statements use of CS gas. The white attackers contribute and that they should give the impression that Francisco are seen as potential witnesses and stop trying to interfere with things The first defendant was the only Borg was wildly flailing around in are only arrested after pressure has which did not concern them. Add one arrested at the scene and was some sort of violent rage, and been brought on the police. this dismissive treatment from the charged later that evening. The "shouting [these] obscenities All of the above leads naturally court to their treatment by the others were arrested on the 18th directly into the faces of the two to a consideration of the role of the police, and it is unsurprising that and 19th October respectively and officers who were attempting to CPS in the conduct of this, and Black people will feel excluded only then after some pressure on restrain him as if in a show of other cases where racial from the very system that professes the police from the local MP and defiance towards them. " The motivation is a factor. In this to protect them. Butetown Citizens Advice bureau. CCTV shows this is clearly not the instance, following the three white These latter two arrests were only case. Is this an exercise in the post- attackers guilty pleas the trial judge Conclusions possible as a result of the ordered a Newton hearing to justification of the use of CS gas Many of the conclusions which defendants being recorded as examine the issues of racial or is this genuinely how these may be drawn from this case, witnesses by officers at the scene. motivation. This is of course officers perceived the situation to although obvious, must not be The first two defendants were essential and quite proper to ensure be? In either case it seems a highly overlooked. Police conduct which eventually convicted of violent 'justice is seen to be done'. inappropriate response and is informed by racist attitudes

no. 35 Spring 1999 17 cannot be acceptable. The police \ he political optimism of Voices reheard are there to uphold the law and to Mahatma Gandhi is Throughout the case the voices of protect all law-abiding citizens reflected powerfully in the those abducted, raped, tortured and equally. words "we have truth and justice - bereaved by Pinochet's regime All citizens must have and time - on our side". When have been heard again. They safeguards and when these are Augusto Pinochet was arrested in demonstrate that Chile's 1991 overlooked there must be an London in October 1998 it had National Commission on Truth and effective system of redress. In a taken 25 years for international law Reconciliation (2) failed in its aims case like this, where charges laid to confront the former head of the to "satisfy the basic demands of are so inappropriate, officers must justice and create the indispensable be subject to scrutiny from a senior Chilean military junta with "the conditions for effective level. Where a complaint is made elimination, disappearance or conciliation". The Commission the investigation of that complaint kidnapping of thousands of people, acknowledged the collective truth must be transparent and accessible. who were systematically subjected of those who suffered and The conduct of the police is legitimated their accounts but did currently the subject of an not name those responsible for the investigation, following the police atrocities. Justice could not be voluntarily referring the matter to achieved without prosecution, thus the Police Complaints Authority. Denial of there could be no reconciliation; no The progress of this however has closure. not been without problems, in that both the boys and Mrs Walters who Bill Rolston considers that is complaining about some of the while the Commission aspects of the police treatment of truth, pain "confirmfed] ... the argument of her family, have not been kept victims and human rights activists informed of developments or what about the past" (3)... "healing can steps have been taken. Although only begin when the state individual investigating officers acknowledges its crimes" (4). have been helpful and of injustice Similarly, Elizabeth Stanley accommodating, there is still a comments of the South African feeling that the thrust of the Truth and Reconciliation investigation is not for the benefit Phil Scraton discusses what Commission: "...when victims and of the victims, on whose behalf it perpetrators live side by side ... is being carried out. Indeed, the happens to survivors and the knowledge itself is not enough ... fact that the police voluntarily they already know ... their concern referred the case has ensured that bereaved in the aftermath of 'state- is focused on developing an the victims do not 'own' the acknowledged truth" (5). conduct of the investigation. sanctioned violence'. The issue of justice arises for the bereaved and survivors when Little more can be said at this to torture" (1). Pinochet's lawyers truth-telling is exchanged for stage about the PCA investigation argued he had a right to immunity amnesty, when prosecution is as it is still ongoing. However, is from arrest and extradition for acts sacrificed to a "broader desire for hoped that it will come to a favour- carried out as head of state. The reconciliation" (6). Undoubtedly able conclusion and thus at least "the requirement of disclosure and salvage something for the future of Law Lords disagreed and the the public recording of acts amount relations between the police and Home Secretary endorsed to a signi ficant form of punishment the Black community. extradition to Spain to face charges. in itself" (7). Yet, as the mothers of the Argentinian disappeared emphasise, the way forward is Hilary Brown is Manager of often a "double sentence - political Butetown & Grangetown Citizens' and penal - for the crimes Advice Bureau in Cardiff. committed by the dictatorship" (8). Truth, argues Marjorie Agosin, has to be complemented not by a "punitive furor[e]" but by "a need to have justice carried out". Can an "unconditional dialogue" of reconciliation be achieved, overcoming the pain endured by individuals and communities subjected to the "callous inhumanity" (10) of state forces? When such acts are followed by the calculated demonisation of victims, the cynical denial of culpability, the neglect of due process and the incorporation of criticism through public inquiries, not only is truth degraded but the harm of injustice is exacerbated and prolonged. In discussing the persuasive case for a Truth Commission in Northern Ireland, Bill Rolston reflects on the appropriateness of

18 no. 35 Spring 1999 "When state-sanctioned violence, the levels to be taken from all who and investigations. The Home died, including young children. Secretary placed all the statements continuum of negligence to brutality, is Police officers used off-the-record in the House of Commons Library. normalised, Victims' invariably are briefings to allege that fans had In the hours after the disaster stolen from and sexually abused police officers were instructed not demonised or dehumanised, their the dead and urinated on police to write in their pocket-books. experiences denied and their accounts officials attempting resuscitation. Days later they were told to 9 The South Yorkshire Police line provide written recollections of the disqualified/ was they had done their best in the day, including emotions and face of drunken, violent and feelings. These were collected and applying a process usually medical facilities and equipment ticketless fans determined to force sent to the force solicitors, then associated with the collapse of minimal. Over the years crowd entry. returned with recommendations military dictatorships or management and safety had been Despite Taylor's findings, the for 'review' and 'alteration'. A totalitarian regimes to situations neglected as clubs and the police Director of Public Prosecutions team of senior officers visited which arise in democratic put resources into containment, decided there was insufficient colleagues, gained their signatures societies. Where liberal control and regulation. The 'mind- evidence to prosecute any officer. to the alterations and forwarded the democratic states employ set' was hooliganism and disorder. Although the Police Complaints reconstructed statements to the unreasonable force, act negligently Minutes before kick-off the Authority recommended criminal investigation and Taylor and tolerate miscarriages of justice South Yorkshire Police match disciplinary action against the inquiry teams. As the research "the logic of seeking the truth is commander ordered the opening of match commander and his shows, the West Midlands equally valid ... is needed for an exit gate to relieve congestion assistant it was abandoned when investigators, the Treasury solicitor individual and social healing" (11). at the turnstiles. Over 2,000 fans the former retired on the grounds and Lord Justice Taylor knew of entered, unste warded and of ill-health. As so often the case and accepted the review and Spiral of denial unpoliced, walking down a steep in controversial , the full alteration process (20). tunnel opposite the gate and weight of discovery and truth fell Applying Cohen's human rights unwittingly into the rear of two analysis to policing and the inappropriately on the non- Justice undermined already packed central pens. Pens adversarial (16). administration of criminal justice like cattle pens - fences at the front This brief excursion into the At the longest inquests in legal in democratic states is instructive. and sides. Police failure to seal off complex Hillsborough case history the bereaved were told The "spiral of denial" infects the tunnel and divert fans to the demonstrates that it does not take wrongly that their loved ones died investigative procedures from half-empty side pens made the institutional racism or institutional quickly after losing consciousness. complaints to controversial fatal crush inevitable; there was no sectarianism to create the context The evidence concerning the inquests. First is the typical claim escape. It was later referred to as a in which police and criminal circumstances of each person's "it didn't happen", followed by "blunder of the first magnitude" justice agencies fail in their was summarised and "what happened is not what it (14). investigations, distort evidence presented to the jury by a West looks to be but really something and marginalise the victims. Within days of the Midlands investigating officer. It else" then finally, it "was While Hillsborough was not Chile completely justified" (12). Hillsborough disaster a Home was not disclosed in full nor could office inquiry was announced, or South Africa, deep political and When state-sanctioned it be cross-examined. Imposing a under Lord Justice Taylor, and the ideological assumptions, coupled violence, the continuum of 3.15 pm cut-off on evidence, a time West Midlands Police conducted with professional self-interest and negligence to brutality, is when many who died were still the criminal investigation. The survival, combined to demonise, normalised, 'victims' invariably alive, the disqualified all bereaved and survivors expected deny and neutralise the'truth'. In are demonised or dehumanised, evidence of rescue, attempted that given the breadth and depth so doing, justice was undermined. their experiences denied and their resuscitation and medical of the inquiries the 'truth' of For victims, for the bereaved, accounts disqualified. The treatment (17). The eventual Hillsborough would emerge and for survivors, there is no hierarchy marginalisation of victims, of verdict on all who died was those responsible would face of death. Whether victims of state survivors, of the bereaved, was ''. prosecution. This expectation violence or of institutionalised brought into stark relief in the Without disclosure of the solidified when Taylor found that brutality or negligence, the 'pain' Metropolitan Police reaction and statements, the opportunity to the "main reason" for the disaster of death is equally real and must response to the brutal of cross-examine and access to events was a "failure of police control" be acknowledged through truth- Stephen Lawrence. It dominated after 3.15 pm the bereaved and (15). He roundly condemned finding and justice. The bereaved the early and subsequent survivors felt that the demonisation senior officers for their ineptitude and survivors should not become investigations. There is no of the dead had been compounded on the day and their behaviour at further victims of demonisation, simplistic jump here which by an orchestrated denial of the the inquiry. denial and disqualification. It is suggests that senior officers' truth (18). * Under pressure, in time to reconsider the structure, actions were comparable to the 1997, the Home Secretary procedures and appropriateness torturers in Pinochet's Chile or The demon isation of announced a 'judicial scrutiny' into of official inquiries, controversial South Africa's apartheid regime, victims 'new evidence'. It reported in inquests and criminal prosecutions but the political-ideological 1998 simply endorsing all that had and their ambiguous processes of explanation and In the immediate aftermath the gone before (19). In my denial, their associated techniques bereaved and survivors looked on submissions I provided evidence interrelationships. The objective of neutralisation and as their loved ones were that police statements had been being a human rights discourse, disqualification, are strikingly demonised in the media and in systematically altered prior to their agenda and process that "extends consistent (13). police submissions to the inquiries. submission to the various inquiries to all forms of human suffering" As the South Yorkshire Police It is a decade since 96 men, sought to deny their negligence, it women and children were crushed emerged that as the disaster was "For victims, for the bereaved, for to death on the terraces as a top happening the match commander survivors, there is no hierarchy of death. soccer match kicked-off at lied to Football Association Hillsborough stadium. Four officials that fans had forced entry Whether victims of state violence or of hundred were hospitalised, 700 causing an "inrush" into the institutionalised brutality or negligence, injured and thousands traumatised. ground. The lie was broadcast The stadium's safety certificate around the world. Later in the day the 'pain* of death is equally real and was ten years out-of-date, the the coroner took the unprecedented must be acknowledged through truth- venue was in a poor state, step of ordering blood alcohol stewarding disorganised and finding and justice."

no. 35 Spring 1999 19 (21), providing a real alternative needs in mind - although these to the law and criminal justice were often surmised rather than system which, as shown above, is Probation being sought in a direct interview. deeply "implicated in this Reports for the courts were suffering" through the denial of expected to contain an assessment truth. _ of the impact of the offence upon work with its victim. What was lacking, Phil Scraton is Professor of however, was a systematic Criminology and Director of the framework for keeping victims Centre for Studies in Crime and Social Justice, Edge Hill informed and finding out their University College. His new book victims of crime views, and there was no policy - Hillsborough: The Truth is and little discussion about the published bv Mainstream in March proper relationship between the 1999. needs of offenders and those of Brian Williams describes recent their victims. References: 1. For a full discussion of the process developments in the probation see: 'UK-Chile: Pinochet's The Victim's Charter comeuppance Statewaich Vol 8 No 6 services' work with victims. pp!5-17 1998 and the probation 2. Report of the Chilean National service Commission on Truth and In some countries (such as the Reconciliation Vol 1, No 5 1993 here has been a huge 3. Rolston, Bill Turning the Page Netherlands) keeping victims Without Closing the Book: The Right change in the emphasis of informed and protecting their to Truth in the Irish Context Irish T probation work over the interests is the responsibility of the Reporter Publications, Dublin 1996. last decade, although it has police and prosecution services pl8 received little public attention. (Wemmers, 1996). Although the 4. Ibid p21 Since the publication of the Victim's Charter placed new 5. Stanley, Elizabeth 'Towards Truth: Victim's Charter, especially the The Risks and Responsibilities of South requirements upon these agencies Africa's Storytelling' Unpublished revised edition of 1996, probation in England and Wales, it also Article, under consideration, 1999 p3 officers have been responsible for recognised the central role of 6. Ibid pl4 providing new services to victims probation officers in working with 7. Ibid pl6 of serious crime, and this has led offenders and their potential for 8. Agosin, Marjorie The Mothers of to far greater involvement with using the same skills to engage Plaza De Mayo Williams-Wallace victim issues. Although there have Publishers, Stratford, Canada 1989 p79 with victims. The first edition was 9. Ibid p98 been problems in implementing rather tentative in its 10. Mullin, Don and Scally, John (eds) the new arrangements, there is no recommendations, and some Eyewitness Bloody Sunday: The Truth doubt that probation service managers within the probation Wolfhound Press, Dublin 1997 p66 attitudes towards both victims and service argued that there was no 11. Polston op cit. p37 offenders have been radically 12. Cohen, Stan 'Human rights and need to reorganise services with crimes of the state: the culture of denial' changed as a result of the new victims' needs in mind. The legal in Muncie J, McLaughlin E and Langan responsibilities. status of the Charter was unclear, M Criminological Perspectives: A In the past, probation staff and no new funding had been made Reader Sage, London 1996 p490 available to implement it. There 13. For further discussion see: Scraton came into frequent contact with P "Denial, Neutralisation and victims, and to some extent were strong suspicions that it was Disqualification: The RCCJ in Context' worked with their needs in mind, more about being seen to in McConville M and Bridges L (eds) but this was rather haphazard. For champion victims' interests, than Criminal Justice in Crisis Edward example, violence within the home about real change (Mawby & Elgar, London 1994 often led to the making of Walklate, 1994). In the early 14. Taylor Rt Hon Lord Justice The 1990s, however, the Home Office Hillsborough Stadium Disaster: 15 probation orders and to work with April 1989, Interim Report Home both parties, offender and victim. issued several circulars and new Office Cmnd 765 HMSO, London, Victims' involvement was ad hoc, national standards for probation August 1989 and non-statutory. Similarly, work which made it clear that the 15. Ibid para 278 probation officers' decisions about new responsibilities must be taken 16. See: Scraton, P and Chadwick, K whether to recommend the release seriously. By 1996, most probation In the Arms of the Law: managers were clear that Inquests and Deaths in Custody Pluto, of long-term prisoners were taken London 1987 with the victim's feelings and something had to be done, and 17. For full discussion: Scraton P, some probation areas had already Jemphrey A and Coleman S No Last developed their policies and Rights: The Denial of Justice and the practice. Promotion of Myth in the Aftermath of "Too often, services for victims have been the Hillsborough Disaster LCC/Alden Implementing the new Press, Liverpool 1995 developed with the primary aim of requirements was problematic at 18. Ibid see Ch 2 19. Stuart-Smith, Rt Hon Lord Justice contributing to the rehabilitation of first. Where it was attempted Scrutiny of Evidence Relating to the without consultation, there was Hillsborough Football Stadium offenders. While this is an important some insensitive practice, with Disaster Home Office Cmnd 3378, aspiration, not necessarily incompatible victims occasionally being HMSO, London February 1998 contacted 'out of the blue* about 20. Scraton, Phil Hillsborough: The with supporting victims, it should not be offences they had spent years Truth Mainstream, Edinburgh 1999 21. Cohen, Stan op cit p491 putting behind them (Kosh & confused with meeting victims' needs." Williams, 1995). In some areas.

20 Cjm no. 35 Spring 1999 "Rather than pursuing individual guidance applies to probation told them how to complain if services, and will doubtless come criminal justice agencies treated complaints, as recommended in the to influence their policies. them badly. Perhaps inadvertently, Charter, victims are increasingly using the In most areas, services to vic- it also created expectations about growing power and influence of tims routinely provided by the pro- the level of service people could bation service now include con- expect. Rather than pursuing campaigning organisations to draw tacting them after serious offend- individual complaints, as attention to the inadequacies of existing ers are sentenced to find out recommended in the Charter, whether they want to be kept in- victims are increasingly using the services and to demand improvements/' formed and consulted. Where they growing power and influence of welcome such contact, they are campaigning organisations to draw protocols were agreed with local being incorporated as a eventually consulted about the attention to the inadequacies of Victim Support schemes to ensure mainstream concern of probation conditions under which the of- existing services and to demand that appropriate support was staff fender is released (although these improvements. To its credit, the available after probation provisions do not apply to offend- probation service has responded by intervention was completed, and Listening to victims1 ers sent to special hospitals). The developing new services and that victims and survivors of arrangements for incorporating a revisiting previous assumptions serious offences were not suddenly organisations victim perspective in pre-sentence about the role of victims. A process and unexpectedly contacted years As part of the local state, the reports have also been revised; al- has begun which would be difficult after an offence with a view to probation service has tended to though direct contact is still unu- to reverse. compiling parole reports about look to Victim Support schemes sual, considerable efforts are often offenders. for advice on victim policies and made to obtain accurate informa- tion about the harm suffered by services, but not to liaise with other Brian Williams is Senior Research victims of crime, and there is far bodies working with victims. This Fellow in the Community and Supporting victims greater awareness of victims' is hardly surprising, given the Criminal Justice Studies Unit at Too often, services for victims needs. This is reflected in the in- guidance - both explicit and De Montfort University, Leicester. have been developed with the implicit - received from central creasing tendency to incorporate primary aim of contributing to the government. The Victim's Charier, victim perspectives in group work References: rehabilitation of offenders. While for example, endorses the services with offenders subject to probation Home Office (1996) The Victim's this is an important aspiration, not and publications provided by supervision, both in custody and Charter. London: Home Office necessarily incompatible with Victim Support and the NSPCC, in the community. Getting offend- Home Office (1998) Guidance on supporting victims, it should not but makes no reference at all to ers to think of the impact of their Statutory Crime and Disorder be confused with meeting victims' those of Rape Crisis centres, behaviour upon victims can be a Partnerships. London: Home needs. Perhaps inevitably, Women's Aid refuges or local powerful way of motivating Office probation staff whose primary racial harassment projects. The change, if done by well-trained commitment was to offenders victims of sexual and racial abuse staff With the implementation of Kosh, M. & Williams, B. (1995) tended to develop victim services are not always seen as 'real' crime the 1998 Crime and Disorder Act, The Probation Service and Victims from the offender rehabilitation victims (Mawby & Walklate, and the introduction of Reparation of Crime: a Pilot Study. Keele: perspective. However, this was 1994). The tendency to prioritise Orders for young offenders, this Keele University Press questioned by many within the the services provided to 'ideal' area of work is likely to see fur- Mawby, R I. & Walklate, S. (1994) probation service, and local victims is replicated in local inter- ther expansion and development in Critical Victimology: International services increasingly developed agency liaison arrangements, and the new Youth Offending Teams. Perspectives. London: Sage specialist victim units. By this in the allocation of funding Wemmers, J. M. (1996) Victims in means, many of the problems (Williams, 1999). Services to the Criminal Justice System. encountered by probation officers victims of conventionally-defined Services to victims Amsterdam: Kugler trying to meet the needs of crime are provided, sometimes Williams, B. (1999) Working with offenders known to them, and the literally, at the expense of beyond the Victim's Victims of Crime: Policies, Politics needs of their victims, were provision for the needs of the Charter and Practice. London: Jessica surmounted (Williams, 1999). victims of male and racist violence. The Victim's Charter was first Kingsley There is no reason, in principle, not The Victim's Charter encourages published jn 1990, and was to allocate victim support work to criminal justice agencies to confine criticised for the way it the probation service. Indeed, their consultation with and funding characterised victims as individual probation staff have many of victims' groups to Victim consumers of criminal justice transferable skills developed in the Support, further marginalising the services - as if they had a choice. course of working with offenders more challenging arm of the victim Many people suspected that its which are of service to victims. movement. There are signs, main purpose was rhetorical, an Where other agencies have been however, of an increasing attempt to use victims politically given similar duties, these have recognition in central government as they had previously been used been treated as marginal to the that the feminist and anti-racist by politicians in the USA (Mawby main work of the service victims' organisations should be & Walklate, 1994; Williams, concerned, for example by the listened to. For example, guidance 1999). In practice, there were very Dutch police (Wemmers. 1996). issued under the 1998 Crime and few services available for them to No comparable study has yet been Disorder Act encourages local use, and their choice was further undertaken of the probation authorities to consider racial crime limited by the paucity of service in England and Wales, but and domestic violence, and to information, in the Charter itself there is considerable evidence of consult hitherto hard-to-reach and more generally, about under- innovative practice, developed in groups in the process of compiling funded local services. The Charter consultation with Victim Support. their crime reduction strategies gave selective information about Work with victims is gradually (Home Office, 1998). This services for individual victims, and

Cjm no. 35 Spring 1999 21