Memorandum submitted by Victim Support
THE WORK OF THE CROWN PROSECUTION SERVICE
Victim Support is the national charity working
to help victims of crime. Each year, trained volunteers and staff
based in a network of 374 Schemes offer emotional support, practical
help and information to over one million victims of crimes ranging
from burglary to the murder of a relative. Victim Support runs
the Witness Service in every Crown Court centre in England and
Wales. Here, every year, trained volunteers offer support and
information to over 120,000 witnesses, victims and their families
before, during and after hearings. This service will be extended
to all Magistrates' Courts in England and Wales by April 2002.
Victim Support also runs a telephone Supportline for victims of
crime offering information and referral to local Schemes. Victim
Support works to increase awareness of the effects of crime and
to achieve greater recognition of victims' rights.
Victim Support welcomes the opportunity to submit
evidence on the work of the Crown Prosecution Service.
In recent years, the CPS has addressed its practices
in relation to victims and has publicly recognised the victim,
through, for example, the CPS Code for Crown Prosecutors and the
CPS "Statement on the treatment of victims and witnesses".
Victim Support welcomes such developments. However, we are concerned
that measures to improve the way victims and witnesses are treated
have not been fully or consistently applied. We note that a recent
CPS Staff Survey and Stress Audit revealed that CPS staff blamed
"lack of resources and overwork" as the cause of high
stress levels. There is a distinct danger that such pressures
on the CPS could result in an inability to deliver services to
victims eg see next paragraph. Criminal justice relies on the
co-operation of victims and witnesses; it is therefore proper
that victims should received treatment appropriate to their special
interest in the case. Services to victims should be regarded as
central to the criminal justice system and resourced accordingly.
COMMUNICATION WITH
VICTIMS
Victim Support welcomes the acceptance by the
CPS of the Glidewell Review's recommendations that responsibility
for communicating decisions to discontinue or significantly alter
charges should lie with them and not the Police. Victim Support
believes that all victims should have the right to be kept informed
of all developments relating to their case. Moreover, we believe
that the agency which makes decisions about a case should take
responsibility for informing victims, providing a full, meaningful
and sensitive explanation. Victim Support is very disappointed
to learn however that the scoping/options study on the proposed
direct communication with victims has been postponed due to an
anticipated lack of extra resources. Victim Support hopes that
sufficient resources can be secured for what we regard as vital
services. In the meantime, we believe it is imperative to re-institute
discussions now so that policy and training can be determined.
This would reduce any further delay in implementation should extra
resources be forthcoming.
THE VICTIM'S
RIGHT TO
PROVIDE INFORMATION
Victim Support believes that the opportunity
for victims to provide information relating to the physical, financial,
psychological, social or emotional effects of the crime could
assist prosecutors in determining whether to prosecute, whether
to oppose bail and what charges should be selected. Victim Support
is however opposed to the burden of criminal justice decisions
being placed on victims and therefore does not advocate the use
of such information to affect sentencing. Victim Support hopes
that the proposed Victim Statement Scheme will enable victims
to provide such information.
Victim Support believes that prosecutors should
ensure they have all relevant information about a victim on the
file. Such information should be brought to the attention of the
court to ensure protection needs are met; that compensation is
properly considered and in order that mitigation evidence submitted
by the defence, which contains unjust criticism of the victim's
character, can be challenged.
Victim Support is concerned that the implementation
of the Narey reforms has led to a reduction in the time available
for victims to provide information about any protection needs,
and for any loss, injury or damage to be taken into account when
the court assesses compensation.
DISPARITY IN
FEES
Victim Support welcomes the Lord Chancellor's
announcement that the government intends to remove the disparity
in fees paid to prosecution and defence advocates. It is vital
that prosecution and defence are of roughly equal competence and
experience to ensure justice is delivered. Some judges who submitted
comments to the Glidewell Review believe the disparity between
the prosecution and defence has led in a few cases to acquittals
which were not justified. Victim Support believes that such an
outcome amounts to re-victimisation of victims, who rely on the
state to bring the offender to justice. If the offender escapes
conviction because of the disparity between prosecution and defence
then not only does the victim lose the opportunity for the offender
to be ordered to pay compensation but the victim's safety could
also be at risk.
THE TREATMENT
OF VICTIMS
AND WITNESSES
AT COURT
Victim Support recognises that the CPS "Statement
on the treatment of victims and witnesses", which, together
with the Statement of national standards of witness care in the
criminal justice system, sets out good practice in relation to
the treatment of victims and witnesses before and at trial. Many
of these standards however are only applied "where possible".
Victim Support would welcome systematic monitoring of such standards
to determine the level of implementation.
Another area of concern is the payment of expenses
to victims. In-house research conducted by Victim Support shows
that a significant number of witnesses require payment of expenses
on the day because of the hardship which travelling to and from
the court, buying lunch, paying for childcare or loss of earnings
cause. Although Victim Support believes all witnesses should be
paid their expenses on the day, a system for the payment of emergency
expenses should be introduced as a priority.
2 May 2000
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