48. Memorandum submitted by Victim
Support
We responded to a previous request for written
comments at the time that Respect and Responsibility was
published and, as background, I enclose a copy of that response
dated 18 March 2003.
Victim Support can contribute expertise about
the support that is available to victims of anti-social behaviour.
Our Victim Support services in the community regularly meet and
speak to people affected by anti-social behaviour. Usually Victim
Support comes into contact with a victim of anti-social behaviour
following a referral from the police after a victim has reported
a crime such as criminal damage or harassment. Referral protocols
already exist between the police and Victim Support to ensure
that the victim's contact details are passed on to Victim Support.
Sometimes an individual will contact Victim Support direct for
example where the individual does not wish to report to the police.
As the nature of anti-social behaviour is so
varied, we do not have a specific category in our statistics for
the number of people we support in this category. However, we
have enclosed statistics that show significant increases in the
referrals of victims of racially motivated incidents (59%), harassment
(60%) and criminal damage (7%) to our community based services.
Our Witness Service has also experienced a significant rise in
referrals for these incidents (harassment—32%, criminal
damage—27% and racially motivated incidents—4%) along
with a rise for witnesses attending in cases of public disorder
(30%). These statistics indicate that demand for Victim Support's
services in cases often termed criminal anti-social behaviour
has significantly increased from 2002-03 to 2003-04.
From our experience of supporting victims of
anti-social behaviour, we can confirm just how important it is
for individuals who are victims to receive support from within
the community and we know how debilitating anti-social behaviour
can be for the victims. Some examples of the situations where
Victim Support has supported people are:
— elderly people in wardened accommodation
who were frightened by young people who repeatedly paint graffiti
on their garden walls;
— a family who were racially abused
and whose garden fence was regularly knocked down by a group of
local young people and items thrown into the garden. Panic alarms
and a fire-proofed letterbox were fitted to the home. The family
gave evidence at Crown Court trial;
— an elderly woman living alone was
terrified by the behaviour of children and teenagers in the area
and particularly at Halloween when she sat at home with all the
lights off that evening to avoid any conflict but risking having
a fall at home;
— people who are frightened of going
out at night because of the abusive young people on the streets.
The ongoing nature of the behaviour and the
fact that victims cannot see an end to the incidents that are
taking place around them may lead to depression, difficulty in
sleeping, dependence on anti-depressants, relationship difficulties,
fear, anger, anxiety, inability to leave home and inability to
carry on life as normal. Victim Support volunteers who have contact
with anyone in this situation offer a valuable opportunity for
a victim to share their experiences with someone who can empathise
and who can provide information about different ways to resolve
the difficulties.
Victim Support is funded to assist victims of
crime; but not all anti-social behaviour is criminal, therefore
there is a gap in the provision of support services to people
affected.
Some of the incidents may result in a criminal
prosecution and in those situations, the Witness Service, run
by Victim Support, is available in all magistrates' courts and
the Crown Courts to provide witnesses with support and information.
The core service that is available to witnesses includes pre-trial
visits so that a witness is familiar with the layout of the court
and the court process, arrangements for witnesses to come into
court in such a way that they do not have contact with the defence,
support and information on the day at court and referral on to
other organisations after court if required.
It is a concern to us that there is no dedicated
court-based support service for witnesses in the civil courts
where some cases of anti-social behaviour are dealt with. This
gap in services is a main theme in the Home Office research report
What works for victims and witnesses of anti-social behaviour
published in July 2004 and Victim Support agrees with its recommendation
that:
Crime and disorder reduction partnerships (CDRPs)
and criminal justice system agencies use their powers to procure
a range of dedicated services to ensure that victims and witnesses
of anti-social behaviour are offered appropriate support at every
stage in the process from when an incident occurs, through investigations,
during court hearings and beyond. [151]
Victim Support would like to be involved in
any plans to fund the extension of support services whether in
the community or in the civil courts because of our expertise
and understanding of victim and witness issues and concerns.
15 September 2004
Annex A
VICTIM SUPPORT'S
RESPONSE TO
RESPECT AND
RESPONSIBILITY—TAKING
A STAND
AGAINST ANTI-SOCIAL
BEHAVIOUR
Victim Support is very pleased to respond to
the Home Affairs Committee's invitation for written comments on
the Government's white paper Respect and responsibility—taking
a stand against anti-social behaviour to inform the Committee's
session on 25 March 2003.
Victim Support is the national charity working
to help victims of crime. Each year, trained volunteers and staff
based in a network of local services 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 criminal court in England
and Wales. Here, every year, trained volunteers offer support
and information to over a quarter of a million witnesses, victims
and their families before, during and after hearings. 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.
Due to the short timescale for responses, we
have been selective in our comments. As the national charity for
victims and witnesses of crime we have confined our response to
issues in Respect and responsibility that are of direct relevance
to victims and witnesses.
Anti-social behaviour is not a victimless crime;
it can blight people's lives. We agree with the Government's stance
that as a society we need to take the effects of anti-social behaviour
seriously and respond to the needs of people who are coping with
the effects of anti-social behaviour (1.7). We welcomed the introduction
of Anti-social Behaviour Orders (under the Crime and Disorder
Act) and are supportive of the proposals in the White Paper to
extend the support and protection made available to victims and
witnesses. In particular, we would like to see a simplification
and streamlining of processes so that more victims and witnesses
will be able to access support and protection if they so wish.
VICTIM SUPPORT'S
SERVICES AND
THE WHITE
PAPER
We are concerned that the white paper does not
accurately reflect Victim Support's current service provision.
Victim Support provides a service to victims and witnesses of
criminal anti-social behaviour. Our community based Victim Support
services offer information, practical assistance and emotional
support to people who have been the victims of criminal anti-social
behaviour (either against individuals or residential property).
In addition, Victim Support's Witness Service now operates in
all the criminal courts in England and Wales. While the white
paper does refer to the Witness Service (page 11 and page 67 paragraph
4.7) it should be made explicit that Victim Support is currently
only funded to provide this service in the criminal courts. Victim
Support is not currently funded to provide a service to victims
and witnesses of non-criminal anti-social behaviour.
ASSISTANCE FOR
PEOPLE AFFECTED
BY ANTI-SOCIAL
BEHAVIOUR
Victim Support is concerned that victims of
anti-social behaviour are given the right type of support. We
welcome the Government's recognition (4.8) that an inadequate
response can leave victims feeling "isolated and unsupported".
We believe that all the authorities that come into contact with
victims of anti-social behaviour (both within the criminal justice
system and beyond) need to take action to respond to the needs
of victims and have a duty to ensure that victims and witnesses
receive the support they need.
Information Provision
We believe that victims of anti-social behaviour
will require adequate information about how the local authority,
police or social landlord has responded. For example, where an
ASBO is granted victims must be informed what behaviour is prohibited
by the order and what they can do if the order is breached. Victims
should also be notified of any appeal and the outcome, including
details of any other orders.
It is very positive to read that the Government
believes agencies should provide adequate information about ASBO's
to the public and that whichever agency the public contact they
receive a consistent response (4.9). Victim Support agrees with
the Government's proposal that social landlords can build on and
strengthen local authorities work in the area of anti-social behaviour
by publishing their policies and procedures on anti-social behaviour
so that tenants are aware of how their landlord can respond to
anti-social behaviour (4.38). However, we would also like the
Government to produce more detailed guidance on the responsibilities
of local authorities, community accreditation schemes and community
support officers to provide information to individual victims
and witnesses.
Reporting systems
Effective and accessible reporting systems are
essential if victims and witnesses are to feel that their interests
are being taking into account. Such systems should address victims'
and witnesses' need for protection including protection of identity
as well as the provision of any relevant crime prevention measures.
Such provision will not be resource neutral. We look forward to
more detailed proposals on how good practice will be collected
and guidance issued.
Training
Victim Support believes that all agencies that
provide services to people affected by crime should receive training
to enable them to provide an appropriate and sensitive response[152].
Victim Support provides a consultancy service which can provide
appropriate training to other agencies.
Referral
We believe that effective referral systems should
be put in place and maintained to ensure that all victims and
witnesses affected by criminal anti-social behaviour are told
about Victim Support's services. We would very much welcome the
opportunity to discuss this further. In cases where the anti-social
behaviour is not criminal it is important that agencies are aware
of the other local sources of support available.
Hate crimes
Victim Support believes that agencies must take
the effects of racial and homophobic crimes on victims and witnesses
into account when planning services and responses to anti-social
behaviour. It will be particularly important to ensure that staff
are trained and supported in understanding the effects of hate
crimes.
CHILDREN, YOUNG
PEOPLE AND
FAMILIES
We have long stressed that young people are
more often the victims of crime than adults. We are very pleased
that the Government has emphasised this fact in its white paper
(2.3). In addition we welcome the Government's comments on how
anti-social behaviour can affect young people and families (2.20)
and agree with the Government's view that families coping with
crime may need specialist, intensive and long-term support tailored
to their particular needs. However, the white paper does not go
into detail about how the needs of young people coping with the
effects of crime will be addressed. We suggest that more focus
needs to be put on how we can respond to the needs of young people
who are coping with the effects of anti-social behaviour.
HOUSING
We welcome the Government's proposal that when
possession cases go to court, judges will now consider the impact
of the anti-social behaviour on the victim, witnesses and the
wider community. [153]However
we would ask that more detailed guidance be produced on how the
impact on the victim is assessed. It is vital that housing officers
are trained to make assessments sensitively. We would be happy
to comment further on this from our experience of working with
victims.
RESTORATIVE JUSTICE
Victim Support is interested to note the Government's
proposal to include restorative justice programmes in its anti-social
behaviour strategy. Whilst we agree that research has shown that
many victims who participate in restorative justice programmes
find it a positive experience, we stress that no individual who
has been the victim of anti-social behaviour should be expected
to take part in the process unless they choose to do so. Victims
should be given the opportunity to make an informed choice about
whether to be involved and the level of their involvement.
Annex B
VICTIM SUPPORT
REFERRAL STATISTICS
RELATING TO
SERVICES TO
VICTIMS AND
WITNESSES OF
CRIMINAL DAMAGE,
HARASSMENT, RACIALLY
MOTIVATED OFFENCES
AND PUBLIC
DISORDER FOR
2002-03 TO 2003-04:Victim Support
Witness Service
| Number of referrals
| |
| Crime type | 2002-03 | 2003-04
| %+/- |
| Harassment | 7,959 | 10,499
| 31.91% |
| Criminal damage | 14,624 |
18,641 | 27.47% |
| Public order, drunk & disorderly and affray
| 11,651 | 15,152 | 30.05%
|
Racially motivated offences |
5,071 | 5,252 | 3.57%
|
Victim Support community based service
| Number of referrals |
|
| Crime type | 2002-03 | 2003-04
| %+/- |
| Harassment | 3,138 | 5,030
| 60.29% |
| Criminal damage | 195,405 |
209,495 | 7.21% |
| Racially motivated offences | 20,950
| 33,374 | 59.30% |
| | |
|
151
Hunter, C., Nixon, J. & Parr, S. What works for victims and
witnesses of anti-social behaviour. London: Home Office, July
2004. (Currently accessible via the `Together' website at http://www.together.gov.uk/home.asp) Back
152
Victim Support, (February 2002) Criminal neglect-No justice beyond
criminal justice (policy document). London: Victim Support. Back
153
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