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Victims to get voice in court
27/04/2008
Victims will have the opportunity to tell the court about the physical, emotional and economic impact a crime had on them from spring next year.
Justice Secretary Kenny MacAskill today announced that a Victim Statement Scheme, in high courts and cases where a sheriff sits with a jury, will be introduced across Scotland on April 1, 2009.
Mr MacAskill said:
"We must not forget that the victim is always an innocent party, the ones who find themselves in the criminal justice system by no more than a chance encounter or cruel twist of fate.
"In many cases the effects on the victim can be significant and long lasting - broken limbs, lost wages, mental scars. I believe that the system has to protect and support them, not heap further misery on them.
"By introducing a national Victim Statement Scheme for serious criminal cases the Scottish Government is giving victims a voice in court. They can choose to tell the court about the effects the crime had on them, after the accused has been found guilty, but before they are sentenced.
"Of those who took part in a pilot scheme, 61 per cent said the statement helped them feel better and 83 per cent said they were glad to have participated - so the evidence for rolling this out is clear.
"This scheme will help make sure that the justice system treats victims fairly and with the dignity and support they deserve."
David McKenna, Chief Executive of Victim Support Scotland said:
"We welcome the introduction of the Victim Statement Scheme which provides further evidence that in Scotland victims are not forgotten. The positive evidence from the pilot scheme illustrates that giving victims a voice in our justice system provides positive benefits.
"We must always remember however that our long term goal must be to radically reduce the numbers of victims of crime as nothing can completely eradicate the effects of being a victim of crime. Victim Support Scotland is willing play its part in ensuring the success of this initiative by the Scottish Government."
From April 1, 2009 victims of crimes in cases heard in a High Court or in cases where a Sheriff sits with a jury (courts of solemn jurisdiction) will be able to choose to make a statement telling the court of the emotional, financial and medical impact a crime had on them. The statement will be made after finding of guilt but before sentencing. Statements are designed to give victims a voice, not influence the sentence.
This follows a two year pilot carried out in the sheriff courts of Ayr, Edinburgh and Kilmarnock and in the High Court sitting at Edinburgh and Kilmarnock.
An evaluation of the pilot showed that although the majority of victims that took part in the pilot were glad they had done so. The take-up rate for lower tariff crimes was low, however, take-up rates for higher tariff offences reached 60 per cent. The evaluation concluded that a national scheme could be worthwhile for higher tariff crimes.