Standards of Service for Victims and Witnesses 2016-17 Standards of Service for Victims and Witnesses 2016-17 Preface This document has been prepared by Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland working in partnership. Section 2 of the Victims and Witnesses (Scotland) Act 2014 requires Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland to set and publish standards of service for victims and witnesses. These standards are set out in this document. All of our standards will be monitored, reviewed and reported on annually. The standards of service for the previous year and each agency’s report against those standards are published, and can be viewed on any of the agency websites (for website addresses please see the section on How to Complain below). Contents Page Introduction 3 Victims Map 5 Common Standards 7 Standards of Service – Police Scotland 7 Standards of Service – Crown Office and Procurator Fiscal Service 8 Standards of Service – the Scottish Courts and Tribunals Service 8 Standards of Service – Scottish Prison Service 9 Standards of Service – Parole Board for Scotland 10 What to do if you are not happy with our standard of service – How to complain 11 Taking the matter further – the Scottish Public Services Ombudsman 12 2 Standards of Service for Victims and Witnesses 2016-17 Introduction There can be no justice without victims and witnesses who stand up to crime, report crime to the police and who give evidence in court when necessary. It is essential for the Scottish criminal justice system to support and protect those who are victims and witnesses, to make sure that you have access to the information you need, that you are treated fairly, and that you are supported in making your voice heard. You are at the heart of our justice system. In late 2015 the Scottish Parliament approved further legislation, The Victims' Rights (Scotland) Regulations 2015 (the Regulations), which are designed to provide further support and to clarify the rights of victims engaged in the justice system. The Regulations (here) along with the Victims and Witnesses (Scotland) Act 2014 are considered to now place into Scottish law the requirements of EU Council Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime. The general objective of the Directive is to help ensure that all victims of crime, regardless of where they live in the EU: receive appropriate protection and support can participate in criminal proceedings; and are recognised and treated in a respectful, sensitive and professional manner. December also saw the publication of the new Victims’ Code for Scotland (here) which sets out victims’ rights clearly, simply and in one place. New provisions have also been introduced to enable special measures to be made available to vulnerable witnesses in relevant cases in the Justice of the Peace Courts for the first time. If you have been the victim of, or witnessed a crime, you may have contact with a number of different organisations and people who work in the Scottish criminal justice system. Some of these organisations and people will provide a service directly to you, such as the provision of information or support, and others will have contact with you because of your involvement in the court case. This document explains what you can expect to happen at each stage of the criminal justice process, the standards of service you can expect, and who you can contact for help or advice. The Standards of Service are based on the main principles of the Act, set out in Section 1. These are: • That a victim or witness should be able to obtain information about what is happening in the investigation or proceedings; • That the safety of a victim or witness should be ensured during and after the investigation and proceedings; • That a victim or witness should have access to appropriate support during and after the investigation and proceedings; and • That, in so far as it would be appropriate to do so, a victim or witness should be able to participate effectively in the investigation and proceedings. In relation to obtaining information you can also expect that: • You should have access to relevant information at an early stage and at appropriate points in the process. This should include information on procedures, your role in them (if any), reports on progress (giving an explanation of any delays) and outcomes of criminal proceedings, and where, if possible, you can get further information and assistance; 3 Standards of Service for Victims and Witnesses 2016-17 • You should be able to understand the information that is given to you. The language should be easy to understand and the information should be available in alternative languages or formats if required; and • You should be told who to contact if you want to discuss the information that has been provided and anything you do not understand will be explained to you. Your personal information will be protected at all times. Where it is necessary to share that information with other agencies, this will be done lawfully and in a safe and secure manner. What happens at each stage of the criminal justice process Police Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland each play a part in the overall justice process. The following flowchart sets out what you can expect from each organisation at each stage of the process if you are a victim of crime. Please note the flowchart does not reflect some of the most recent changes, such as the introduction of special measures in the JP courts. The flowchart will be subject of some revision during the course of 2016-17. 4 Standards of Service for Victims and Witnesses 2016-17 Victims Map A crime is committed against you You/Someone else decides to report the crime You decide not to report the crime The Police will investigate the circumstances • They will ask you for a formal statement Support Organisations are available • They will provide you with information on support organisations available Police Scotland - Information You may be able to make an application to the Criminal Injuries Compensation Authority Police The Police locate the The Police can The Police locate the suspect The Police cannot Tel No: 101/999Tel suspect who is over 16 (or apply who is under 16 (except where locate a suspect/there under 16 in serious alternatives to it is a serious offence) and is insufficient evidence offences) and there is prosecution there is sufficient evidence sufficient evidence The Police will notify you or alternatively The Police report the You will be you can contact them crime to the Procurator notified of this Youth Justice Process Fiscal Support organisations are available The Procurator Fiscal Victims of specific crimes will automatically be referred considers the case to Victim Information and Advice (VIA) and your needs will be assessed The Procurator Fiscal proceeds to The Procurator Fiscal may offer the The Procurator Fiscal may decide prosecute the accused accused an alternative to prosecution to take no further action • Victims referred to VIA will be given Victims referred to VIA will be advised • You are entitled to of this decision. Other victims and information regarding the Procurator Fiscal information about case progress. Tel No: 0844Tel 561 3000 Other victims and witnesses can witnesses can request this information decision on request from request this information the Crown Office & Procurator Fiscal • You may be interviewed by the Procurator Fiscal and/or the Defence • You may request that the Lawyer decision is reviewed You may be entitled to special measures in Court to help you give your evidence. If this is the case your details will be passed onto Witness Service who will contact you in advance of the trial and you will be offered a Court Familiarisation Visit. Service tribunals.gov.uk The accused pleads not If the case is proceeding to Trial and you are required The accused pleads guilty s guilty at the Court Hearing to give evidence you should follow the instructions in at the Court Hearing the letter (citation) you receive from the Procurator Fiscal. Tribunals If the case is proceeding to Trial and you are not You will be advised if it is Scottish Courts and required to give evidence you are entitled to observe open to you to provide a the Trial, you would need to contact the Procurator www.scotcourt Victim Statement Fiscal to obtain the date of the Trial. 5 Standards of Service for Victims and Witnesses 2016-17 The Trial The Trial The Trial You may be (Victim Giving Evidence) (Victim Giving (Victim Not Giving advised if the When you arrive at Court: Evidence with Special Evidence) accused has Measures) been released • You should report to the When you arrive at from custody reception desk When you arrive at Court: including on • You will be directed to the Court: • You should bail Witness Service Volunteers for • You should report report to the support to the reception reception desk • You may be entitled to special desk to ask which to ask which measures Court room the Court room the • Your name will be called if you Trial is held in Trial is held in are required to give evidence • A Witness Service • Support