This item was published during the term of a previous administration that ended in April 2007
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New rights for victims of crime
27/09/2004
For the first time victims of serious crime are to
be informed of the eligibility for home release or day
release of prisoners convicted of these offences.
This is in addition to the opportunity for victims of
serious crime to make representations to the Parole Board
for Scotland when the prisoner is being considered for
release on licence.
The new provisions, to take effect from November 1, will
ensure that victims can register for the Victim
Notification Scheme to get information on home release and
day release and be informed if the prisoner is transferred
outwith Scotland, if the prisoner dies, escapes or
absconds.
Justice Minister Cathy Jamieson said:
"The rights of victims of crime have been at the centre
of our criminal justice reforms. From the Vulnerable
Witnesses Act to today's announcement weve tried to ensure
that victims are heard and kept informed of developments
pertaining to their case.
"This new provision will ensure that anyone who has been
a victim of serious crime who wants to can be made aware of
any changes to the status of those who offended against
them.
"I hope this will be of some comfort to those whose
lives have been blighted by crime and will go some way to
towards improving confidence in the criminal justice
service.
"Victims of crime and their families have a right to
this information and weve made sure that the system will be
in place to deliver this."
The Victim Notification Scheme sits alongside other
victim-orientated projects in the criminal justice system
including the Victim Statement Scheme currently being
piloted and VIA (Victim Information and Advice) which is
part of the
Crown Office and
Procurator Fiscal Service.
Solicitor General Elish Angiolini QC said:
"Victims of crime have a right to be kept updated about
issues that affect them and the new scheme is designed to
help fulfil this need.
"We in the Crown Office and Procurator Fiscal Service
understand how much it can help victims and witnesses to
have information about the criminal justice system and
their case.
"That is why we are continuing to develop and expand our
Victim Information and Advice service, which helps provide
a way through the system.
"VIA and other COPFS staff will build on this improved
service to victims by informing individuals when they are
eligible to register for the Victim Notification Scheme.
These services demonstrate the commitment that the criminal
justice community has to providing better support for
victims of crime."
The new provision and others is covered under Sections
16 and 17 of the
Criminal Justice (Scotland) Act 2003 make provision for
giving information to victims of serious crime about the
offender who committed the crime against them.
These provisions will apply to the victims of certain
crimes specified in a Scottish Statutory Instrument called
the Victim Notification (Prescribed Offences) (Scotland)
Order 2004, and include sexual and non-sexual crimes of
violence, crimes of indecency, crimes aggravated by racial
or religious hatred, crimes involving the use of firearms,
causing death by dangerous driving or by careless driving
under the influence of drink or drugs and the most serious
breaches of the peace and housebreaking offences.
Where the offender is sentenced to four years or more in
prison, including life sentences and detention without
limit of time, the victim will be given the option to
register with the victim notification scheme and to receive
this information.
It will normally be the direct victim of the crime who
can register but where the direct victim has died, the four
nearest relatives are eligible.
Where the victim is incapable of registering, or is a
child under 14, the nearest relative can register on their
behalf.