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Victim Notification Scheme
Guidance for Victims

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This guidance explains:

• what the Victim Notification Scheme is;
• who can opt in to the scheme;
• what information you can expect to receive;
• when you will be invited to make written representations (written comments) to the Parole Board for Scotland.

You can use the information in this guidance to help you to decide whether you want to opt in to the Victim Notification Scheme or not.

If you want extra help to decide whether to join the Victim Notification Scheme, you can contact Victim Support Scotland, a national charity that helps victims of crime. Details of the local office can be found in the telephone directory under "Victim Support" or you can contact them on 0845 603 9213 from Monday to Friday between 9 a.m. and 4.30 p.m. The contact details are also given later.

What is the Victim Notification Scheme?

In some criminal cases, victims have a right to receive information about the release of a prisoner. They also have a right to be told when the prisoner is being considered for parole and to make written representations (written comments) about his/her release to the Parole Board for Scotland. This is known as the Victim Notification Scheme (VNS).

When and why can an offender be released?

Prisoners do not usually serve the whole of their sentence in prison. Most are released before the end of their sentence and are then supervised in the community for a time by Social Work Services. The point in the sentence when a prisoner is released depends on the length of the sentence. Offenders who are sentenced to 4 years or more (known as "long-term prisoners") will be considered for parole at the halfway point and are entitled to automatic release at the two thirds point of their sentence. They will be released subject to conditions, known as being "on licence". Offenders who breach any of the conditions of the licence can be returned to custody to serve the remainder of the sentence.

Some offenders are given an extended sentence. This comprises a period to be served in prison and a separate fixed period under supervision in the community (the extended part of the sentence). If the prison part of the sentence is less than 4 years, the offender will be released at the half way stage of that part, and will be subject to the conditions of the extended sentence until the end of the total period. If an extended sentence prisoner breaches the conditions he/she can be returned to prison to serve the remainder of the entire sentence.

Life sentence prisoners can only be considered for release after they have completed the "punishment part" of their sentence. This is the period of time set by the judge when the sentence is passed in court, and is announced in court at the same time as the sentence is passed. Life sentence prisoners who are released are subject to a life licence and can be sent back to prison at any time during the rest of their life if they breach any condition of that licence.

The Parole Board for Scotland is responsible for directing the release of all long term prisoners including life sentence prisoners. The Board will only direct release if it is satisfied that the offender is not a risk to the public.

How do I know if I can take part in the scheme?

If you have received this guidance it means that you are considered to be eligible to take part in the scheme. Generally speaking, if the offender has been sentenced to 4 or more ¹ years for a crime of violence, a sexual or indecent crime, a crime involving firearms, housebreaking, a hate crime or fire-raising, the victim will be eligible to take part in the scheme. The eligible victims are:

• direct victims aged 14 years and over;
• a parent or carer if the victim is a child under 14 years;
• a near relative if the victim is incapacitated;
• up to 4 near relatives if the victim has died.

A full list of the relatives who can take part is given later.

You will not be eligible to receive information through the scheme if:

• the offender is released before reaching the age of 16, or where s/he has not reached the age of 16 by the time the case is referred to the Parole Board;
• there are exceptional circumstances which make it inappropriate to give the information.

What information can I receive?

There are 2 parts to the scheme and, if you choose to take part, you can choose to opt in to either part 1 or part 2, or both parts.

Part 1

If you opt in to part 1, you will receive information on:

(a) The date of release of the offender from prison or detention. This information will be sent to you about a month before the date of release, so that you have some prior warning of it.

(b ) If the offender dies before being released, the date of the death. This information will be sent to you as soon as possible after the date of the death. You should be aware that there may be early press coverage of the death of an offender.

(c) If the offender has been transferred out of Scotland, the date of the transfer. You will be notified as soon as the transfer has taken place.

(d) That the offender has become eligible for temporary release. When offenders serve long sentences they can become involved in training and rehabilitation programmes and can be allowed leave from prison in preparation for release. You will be informed when the offender first becomes eligible for temporary release. However, you will not be told about each individual period of temporary release.

(e) If the offender has escaped or absconded. Sometimes prisoners fail to return to prison after home leave or a work placement. The police are alerted immediately. If the prisoner is considered to present a threat to the victim, the police will take steps to ensure that the victim is notified as soon as possible. Usually, however, prisoners who fail to return to prison are not dangerous and return to prison within the first 48 hours. Information about the offender escaping or absconding will be notified to you if the offender remains at large after 48 hours. You will also be told when the prisoner is returned to custody.

Part 2

If you opt in to part 2, you will receive the following information:

(a) When the Parole Board for Scotland is due to consider the case affecting you, you will be given the chance to send written comments to the Board. You will be able to write to the Parole Board about the release of the offender. You can explain the effect that the crime has had on you and the effect that the release is likely to have on you. If you have specific worries about the release, you can say what they are, and if you have specific reasons for having these worries, you should also say what those reasons are. The Parole Board will consider your comments along with the other information that it has. You will be contacted by the Scottish Executive Justice Department (SEJD) some months before the earliest possible date of release to tell you how to send written comments and giving a date for sending them to the Parole Board.

(b) Whether the Parole Board recommends or directs release of the offender. This information will be sent to you as soon as possible after the offender's case has been considered by the Parole Board.

(c) Whether any conditions have been attached to the licence that relate to you or your family. This information will be sent to you as soon as possible after the offender's case has been considered by the Parole Board.

If you have opted in to part 2 of the VNS, the Parole Board will tell you about its decisions whether or not you choose to send any written comments.

How do I take part in the Victim Notification Scheme?

You will have been sent a Form with this guidance. You should complete it and send it to the Victim Notification Section of the Scottish Prison Service (SPS) to register on the scheme. The address is given on the Form. It is up to you to tell the SPS that you want to join the scheme. You must also tell the SPS if you change your address and still want to receive information. A change of address form is provided for you.

Do I have to take part in the Victim Notification Scheme?

No, it is entirely your choice whether you wish to receive this information about the offender.

What happens if I choose not to opt in to the scheme and do nothing?

You will not be sent any further letters or forms and you will not be sent any information about the offender. You will not be given the chance to send written comments to the Parole Board.

What if I change my mind?

Some people find it difficult to make a decision about joining the VNS so soon after the end of the court case. If at first you decide not to take part, and then later want to receive information about the offender, you can send the Form to the SPS at any time or contact them ( contact details are supplied). You can be included in the scheme at any time until the offender reaches the point in the sentence where he/she is due to be released. If, however, the offender is just about to be released, or has already been released, then it will not be possible for you to take part in the scheme.

If you have joined the scheme and later decide you do not want to be given any more information about the offender, you can withdraw from it at any time. A withdrawal form is provided for you.

Does the offender know that I have registered with the VNS?

No. The Victim Notification Section of the SPS does not tell the offender that you are on the scheme. However, if you later choose to send written comments to the Parole Board, the offender is likely to see them.

When will I receive the information?

It depends on the length of the sentence and the date on which the offender is released. If you are registered under part 1 of the scheme you will be told the date of the offender's release about a month in advance.

If you are registered to receive information under part 2 of the VNS you will be contacted about the offender's release before the first time the offender's case is considered by the Parole Board.

How will I receive the information about the offender?

If you have opted to receive information under part 1 of the scheme, you will be informed by letter sent from SPS. If you have opted to receive information under part 2 of the scheme, you will be informed by a letter from the Scottish Executive Justice Department or else direct from the Parole Board for Scotland.

When can I send written comments to the Parole Board?

The Scottish Executive Justice Department (SEJD) will gather together all of the relevant information about the offender some months before the earliest possible date of release of the offender. If you have opted in to part 2 of the scheme SEJD officials will send you a letter at this stage enclosing guidance and a form for making your comments, and telling you the date for returning the form so that it can be included in the information being considered by the Parole Board. It is important that you meet this deadline. If you do not, the Parole Board will not be able to consider the information you have provided.

If you are unable to write, or unable to write in English, you can ask someone else to help write down what you want to say.

If you are unable to write because of a mental disorder or physical inability to communicate, your right to join the VNS and to make written comments can be transferred to your next nearest relative. A list of the relatives is shown later.

Will the offender see what I write?

Yes. The offender is normally entitled to see all of the information that the Parole Board is using to make the decision about letting him/her out of prison. However, you are not required to state any personal details on the form such as your address or your contact details.

Will anyone else see what I have written to the Parole Board?

The SEJD officials who are preparing the case for the Parole Board, the Parole Board's own staff, and the members of the Parole Board will all see what you have written. If the offender has a solicitor then he/she will also see it.

Do I have to send a written comment?

No. If you have opted in to the Scheme, you must be given the chance to send your comments, but you do not have to send any. Even if you decide not to send a written comment, you will still receive information about what the Parole Board has decided.

What will the Parole Board do with the information I send?

The information you send will be one part of the material that the Board has to consider. The Board looks at a wide range of information, including a report from the trial judge about the offence, the offender's behaviour while in prison, the offending history, the family and social background, the offender's plans for what he/she will do on release, and whether he/she has taken any steps to address issues or problems (e.g. drugs, alcohol, anger management) that may have contributed to his/her offending behaviour. The Board will have access to things like reports from social workers and prison staff about his/her behaviour while in prison. The offender also has a chance to say why he/she thinks he/she should be granted parole. The Board will decide how much weight will be given to the information you send, along with all the other information available, and will then decide whether the offender can be released.

Will I be told if the offender is to be released?

Yes, if the Parole Board has recommended that the offender be released the Board will write to you and will tell you the date of release. If the offender is being released after two thirds of the sentence, the SPS will write to you with the actual date of release.

When the Parole Board decides to order release of a life sentence prisoner, the offender is released more or less as soon as the decision has been made. The SEJD will tell you about the decision at the same time as the prisoner is released.

What if the Parole Board does not release the offender?

If the Parole Board does not recommend release of the offender but the case is going to be reviewed further, the Parole Board will write to you about its decision. The SEJD will give you another opportunity to make written comments about the offender's release and will give you a date for sending your comments.

If the offender is released what conditions will be attached?

The Parole Board decides on licence conditions that will be placed on the offender. There are some standard conditions that apply to every prisoner released on licence and these are:

• to report promptly to the supervising social worker;
• to co-operate with the supervising social worker;
• to tell the supervising social worker if he/she changes address, starts a new job or changes or loses a job.

The Parole Board may impose additional conditions to assist the offender on his/her return to the community, to ensure the offender's good behaviour and for the safety of the public. These extra conditions can be things like a requirement to live at a specified address or to undertake counselling on drugs, alcohol or anger management.

Will I be told what the conditions are?

If the Parole Board makes any additional conditions which relate to you as the victim of the crime, or to members of your family, the Board will tell you what they are when they write to you to inform you whether they have recommended release.

If the offender is being released after two thirds of the sentence, and conditions have been put on the licence that affect you or your family, the SPS will tell you about these conditions when they write to you about the date of release.

If the licence conditions are amended, you will be advised of any changes that affect you.

What if the offender breaks the conditions?

If an offender breaks any of the conditions of licence or commits another crime, or becomes an unacceptable risk to the public, he/she may be recalled to prison. If the offender has been recalled, the SPS will tell you that he/she is back in custody.

When can I make written comments if the offender has been recalled to prison?

When an offender's licence is revoked he/she will be returned to prison. At that point the offender has a legal right to an immediate review by the Parole Board, to decide if he/she can be re-released. The offender is given the opportunity to make written representations to the Parole Board about this. You will also be contacted at this stage to ask if you want to make comments to the Board and giving you a date for sending them.

Will I be told the outcome of the Parole Board review?

Yes. You will be advised whether or not the offender is to be re-released. You will also be told if there are any licence conditions that affect you or your family.

What happens if the offender is not re-released?

Depending on the time left to run on the offender's sentence, it is possible that he/she may have a further review by the Parole Board to see if he/she can be re-released. If there is a further review, the SEJD will write to you giving you another chance to send written comments to the Parole Board. If there is no further review, SPS will inform you of the release date.

List of Contacts for Victim Notification Scheme

If you need help to decide whether to join the Victim Notification Scheme, you can contact Victim Support Scotland on 0845 603 9213, from Monday to Friday between 9 a.m. and 4.30 p.m. The local office will be listed in the telephone directory under "Victim Support", or you can contact the national office in Edinburgh.

Victim Support Scotland
15/23 Hardwell Close
Edinburgh EH8 9RX
Tel. 0131 668 4486
Fax. 0131 662 5400
www.victimsupportsco.demon.co.uk

Crown Office and Procurator Fiscal Service
Policy Group
Crown Office
25 Chambers Street
Edinburgh EH1 1LA
Tel. 0131 226 2626
www.crownoffice.gov.uk

Scottish Prison Service
(Victim Notification Section)
Calton House
5 Redheughs Rigg
Edinburgh EH12 9HW
Tel. 0131 244 8670
www.sps.gov.uk

Parole Board for Scotland
Saughton House
Broomhouse Drive
Edinburgh EH11 3XD
Tel. 0131 244 8687
www.scottishparoleboard.gov.uk

Victim Information and Advice National Office
Caledonian House
Greenmarket
Dundee DD1 1QX
Tel. 01382 341185
www.crownoffice.gov.uk

Parole and Life Sentence Review Division
Scottish Executive Justice Department
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Tel. 0131 244 8524
www.scotland.gov.uk

Victims and Witnesses Unit
Scottish Executive Justice Department
St Andrew's House
Regent Road
Edinburgh EH1 3DG
Tel. 0131 244 2213
www.scotland.gov.uk

List of Relatives Who Can be Eligible to Take Part in the Victim Notification Scheme

Where there is more than one relative, the person listed highest in the following list is taken to be the person who can register on the scheme. Where the victim has died, the 4 relatives listed highest can register on the scheme. Where the victim is incapacitated, then only the highest listed person may register. Where the victim is a child under 14, the parent or carer is the person who can register on the child's behalf.

Where the direct victim is unable to communicate, but this can be overcome by a human or mechanical aid (e.g. where the victim is unable to write but can tell someone else what he/she wants to say) the right to join the VNS stays with the victim.

(a) spouse;
(b) cohabitee;
(c) son or daughter or any person that the victim had parental rights or responsibilities towards
(d) father or mother or any person who had parental rights or responsibilities towards the victim;
(e) brother or sister;
(f) grandparent;
(g) grandchild;
(h) uncle or aunt;
(i) nephew or niece,

• the elder of any two persons described in any one of paragraphs (a) to (i) is to be taken to be the higher listed person, regardless of sex.
• "cohabitee" means a person, whether or not of the same sex as the victim, who has lived with the victim, as if in a married relationship, for at least six months and was living with them immediately before the offence was committed.

The usual stages of a prison sentence where the Victim Notification Scheme applies:

Note:
The steps of a sentence described above may vary according to individual cases.

What the Victim Notification Scheme means for you:

Registration under Part 1 only

SPS will tell you if any of the following occur before the end of the sentence:

• the offender becomes eligible for temporary release (e.g. home leave);
• the offender is transferred outwith Scotland;
• the offender dies in prison;
• the offender escapes or absconds.

When the offender is released on licence, SPS will tell you the date of the release.

Registration under Part 2 only

When the offender becomes eligible for release on licence:

• you will be sent a form for making written comments to the Parole Board;
• you can send a written comment if you want;
• you will be told what the Parole Board decides about the offender's release;
• you will be told about any conditions of licence that affect you or your family.

You will be given this information even if you decide not to send a written comment.

Note:
If you register with both parts you will receive all of the information.
If you choose not to register at all you will not be sent information about the offender.

^{1 This includes a life sentence or detention without limit of time. Extended sentences are also included where the total of the custodial term and the extension period amounts to 4 years or more.}