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Reid Howie Associates was commissioned by the Scottish Executive to undertake a review of information held by statutory and voluntary agencies about victims and witnesses.

Main Findings

• There are a range of issues with the way in which information about victims and witnesses is gathered, stored and shared which make it difficult to assess the extent to which the available support framework is meeting their needs.
• An initial review of published material suggested that there is inconsistent delineation of victims from witnesses; fragmented information about victims, and unclear procedures for tracking victims through the justice system.
• It was identified that although there is a nationally agreed definition of a "victim", it is clear that this is not in consistent use, and that definitions evolve over time meaning that different agencies are likely to use different definitions.
• There is no currently agreed set of data standards, meaning that, for example, some agencies count "clients", some count "contacts", and some count each contact as a fresh "client".
• There are clear inconsistencies even within services, and there is nothing approaching a core dataset in common use.
• Many agencies do not have written policies for data collection, storage and destruction, and many are not registered with the Information Commissioner.
• Some services do not undertake monitoring and evaluation of their service, and do not assess or publish the data they gather relating to victims and witnesses.
• Recommendations are made relating to the adoption of common data standards and a set of shared definitions; the provision of standardised reports on an agreed basis, the publication of a leaflet for victims and witnesses which details how and why information is being gathered, and what it will be used for.
• Recommendations are also made in relation to tracking, and it was suggested that the Scottish Executive considers commissioning a piece of research to investigate help seeking by victims of crime, and investigate their experiences of support.

Aims and Methodology

The aims of the research were:

The work was undertaken in four main parts:

• Available reports were assessed to identify policy and practical issues which underpin both the relationship between victims and witnesses and justice and support agencies, and the information collected by these agencies.
• A survey was undertaken of more than 50 organisations from the statutory and voluntary sectors focusing on policy and practical issues in relation to gathering, storing and sharing information.
• Discussions were held with 7 agencies or groups which focused on current issues and ways forward.
• A short workshop was held with public sector representatives to discuss emerging findings and to assess potential solutions.

Findings

The research identified a wide range of initiatives being undertaken by agencies across Scotland in response to the Scottish Strategy for Victims. Work has been undertaken to both develop existing and new services, develop sources of information and improve the sharing of information.

Among the most visible changes have been the development and rolling out of the Witness Service (by Victim Support Scotland) and Victim Information and Advice (by the Crown Office and Procurator Fiscal Service), as well as changes which have meant that Victim Support receives information from police forces about victims of crime.

Despite this progress, assessment of published reports and the minutes of the Victim Steering Group (a multi-agency group established to take forward the Victim Strategy) suggested that there are clear issues with the ways in which information about victims and witnesses is currently gathered, stored and used. These issues include:

• Inconsistent delineation of victims from witnesses.
• Fragmented information about victims.
• Unclear procedures for tracking victims through the justice system.

The effect of this is that it is both difficult to enumerate the numbers of victims and witnesses coming into contact with support agencies, and to evaluate the extent to which, overall, their needs are being met.

These initial findings were supported by the primary research undertaken. There are a wide range of agencies which provide support to victims and witnesses, including agencies in the public and voluntary sectors. It is clear that some agencies have a "dual" purpose, for example the police, who both investigate crime and provide support to victims. It is also clear that new agencies, and new services are being developed.

Victims and witnesses can seek help at a wide range of points, including in the immediate aftermath of a crime being committed, in preparing for, or attending court, or in the period after a trial. Similar issues also impact on the victims of youth crime.

Victims and witnesses can also contact multiple agencies, and may contact each agency more than once, perhaps over an extended period. It is also clear that there are many victims and witnesses who do not report crimes, but who seek support, and a further group who neither report crimes, nor seek support. The support framework available to victims and witnesses is, therefore, complex, and the range of possible experiences wide. In part, due to the limitations of the information gathering and reporting framework, it is very difficult to assess the extent to which the framework is meeting the needs of victims who require support.

The survey identified that there are a range of issues both with the policy framework within which information is gathered, and with its collection, storage and use. These include:

• Although there is a nationally agreed definition of a "victim", it is clear that this is not in consistent use.
• It is clear that definitions evolve over time, for example to include the concept of vulnerable witnesses, but one consequence of this is that different agencies, at different points in the adoption process, would use different definitions.
• There is no currently agreed set of data standards, meaning that, for example, some agencies count "clients", some count "contacts", and some count each separate contact as a fresh "client".
• There are clear inconsistencies even within services.
• There is nothing approaching a core dataset in common use.
• Many agencies do not have written policies for data collection, storage and destruction, and many are not registered with the Information Commissioner.
• Some services do not undertake monitoring and evaluation of their service, and do not assess or publish the data they gather relating to victims and witnesses.
• The primary consequence of these findings is to underscore the difficulties faced by the Victim Steering Group and the Scottish Executive in assessing the extent to which the measures set out in the national strategy are effective.

Recommendations

The report makes a number of recommendations, specifically that:

• Agreement is reached among as many partners as possible to the principle of common data standards. It is suggested that could include two main strands: a minimum data set and a set of shared definitions.
• Agreement is reached among as many partners as possible to gather data using common definitions.
• In relation to those services not currently undertaking any monitoring, it is suggested that the Scottish Executive agrees a format of structured returns and commissions a brief note on some research techniques which could be deployed.
• As many agencies as possible agree to provide standardised reports to the Scottish Executive and Victim Steering Group on an agreed basis (which could be quarterly or annually).
• It is suggested that the Scottish Executive publishes an annual return about this information, perhaps supported within the same publication by crime survey information about victims, information about the use of, for example, special measures in court and the number and nature of victim impact statements made.
• The Scottish Executive could support the delivery of information to victims and witnesses which details how and why information is being gathered, and what it will be used for.
• In relation to tracking, it is suggested that the Scottish Executive considers commissioning a piece of research to investigate help seeking by victims of crime, and investigate their experiences of support
• As part of the implementation of the revised Scottish Crime and Victimisation Survey, the Scottish Executive could consider a brief follow up survey of victims who are identified as neither reporting crimes nor seeking help.
• As part of its consideration of any emerging legislation which impacts on victims and witnesses in any way, the Victims and Witnesses Unit should work with colleagues in the Scottish Executive to ensure that a guidance note on information requirements relating to victims and witnesses be available to be published prior to the implementation of any legislation.
• Two suggestions are made in relation to data protection, that it would be helpful if more organisations were registered with the Information Commissioner, and that the general issue of data protection is one which may benefit from either a guidance note or a workshop focussing specifically on the handing and sharing of sensitive data relating to victims and witnesses.

If you wish further copies of this Research Findings or have any enquiries about social research, please contact us at:

Tel: 0131 244 7560
Fax: 0131 244 5393
Email: socialresearch@scotland.gsi.gov.uk
Website: www.scotland.gov.uk/socialresearch

The report, "Information on Victims and Witnesses in the Scottish Justice System", which is summarised in this research findings is available on the Social Research website at www.scotland.gov.uk/socialresearch

This document (and other Research Findings and Reports) and information about social research in the Scottish Executive may be viewed on the Internet at: http://www.scotland.gov.uk/socialresearch

The site carries up-to-date information about social and policy research commissioned and published on behalf of the Scottish Executive. Subjects covered include transport, housing, social inclusion, rural affairs, children and young people, education, social work, community care, local government, civil justice, crime and criminal justice, regeneration, planning and women's issues. The site also allows access to information about the Scottish Household Survey.