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EXECUTIVE SUMMARY

1. This research explored the provision of support to victims and witnesses of crime, and involved two main components: an overview of the literature relating to the experiences and perceptions of victims and witnesses in a range of relevant jurisdictions; and a review of service provision in Scotland. This report draws together the main findings from both components.

2. The research was commissioned by the Scottish Executive and took place between summer 2005 and early 2006. It followed the recognition that there has been a substantial growth in focus on the needs of victims and witnesses in Scotland (and many other jurisdictions) in recent years. Existing services have developed and new initiatives, services and materials have been introduced. At a more fundamental level, there have been structural, legislative and policy changes. While there is a strong perception that provision to victims and witnesses has improved, there had, in 2005, been no overview of support; particularly in terms of the 'fit' between the needs of those who require it and the nature of provision, as well as the identification of 'gaps'. This research was commissioned in order to begin to develop such a picture.

3. The aims of the research were to document the levels and types of service provision for victims and witnesses in Scotland, explore the experiences and perceptions of victims and witnesses, identify gaps in service provision and research and make recommendations relating to effective support for victims and witnesses. This did not comprise an evaluation of current services to victims and witnesses, nor a detailed review of each individual type of provision. The research set out to identify overall provision and broad perceptions, in order to identify some of the general patterns of services, issues arising and gaps.

4. The research explored a number of issues:

• the needs of victims and witnesses of crime;
• perceptions of the types of services which address needs and 'make a difference';
• the pattern of current provision in Scotland; and
• gaps in provision and information.

The main findings

5. Victims and witnesses have a wide range of needs which are complex and vary because of a range of factors. Many victims' help-seeking experiences are episodic in nature and they may seek support at different times. A significant number of victims of crime seek no assistance from existing services. Some victims have particular needs as a result of their circumstances or experiences (particularly 'equalities' groups, and victims of particular crimes). Services are needed at different stages and for different purposes, with an overall need for a continuum of appropriate, accessible and timely provision.

6. A range of service providers (statutory, voluntary and private) is involved in meeting the needs of victims and witnesses. These include specialist services to victims and witnesses, specialist services to particular groups, and other statutory, voluntary and private sector providers.

Effective provision

7. The information available suggests that a combination of a range of forms of provision can be effective in addressing needs, including

• an appropriate context and structure with legislation, policy and working structures to promote the rights of victims and witnesses;
• a mix of service provision including specialist services to victims and witnesses, other specialist services and a range of other providers;
• a mix of forms of support at different stages, including information, practical support, protection and safety, emotional and psychological support, measures to promote empowerment and other initiatives tailored to individual needs and circumstances; and
• appropriate means of service provision, including joint and co-ordinated working, appropriate attitudes and approaches amongst service providers, staff and volunteer training, and accessible and timely services.

Pattern of provision

8. All of the main forms of support which are seen to be required are provided in Scotland to some extent, with specialist victim and witness services in all local authority areas. A number of specialist services and initiatives provide a range of support to particular groups of victims and witnesses, or those with particular issues. Specialist support organisations in Scotland are, however, relatively few in number and patchy in coverage. There are specialist units within the police service and a growing use of multi-agency groups for specific issues, with relevant partnerships operating in all, or virtually all areas. There are, in addition, core statutory services (and some voluntary services, such as Citizens Advice Bureaux) in all areas. As with specialist services, however, some forms of provision are more patchy.

9. There have been many developments in the provision of information to victims and witnesses. Basic overview and signposting information is available, as well as information for specific groups. Information about the progress of a case and attendance at court is available from a variety of sources and there are many leaflets and a considerable volume of Internet information available.

10. A number of services provide practical, personal safety and security advice. The Witness Service across High and Sheriff Courts provides court support. There is a range of support available to 'vulnerable' witnesses; the Scottish Court Service ( SCS) and individual District Courts provide a range of support and SCS is committed to adapting all courts to improve facilities to meet the needs of victims and witnesses. There are also provisions for protection of victims and witnesses, as well as various other forms of practical, legal and other support.

11. Considerable work is undertaken to provide 'emotional and psychological support' to victims of crime. Many organisations provide general emotional support, often in the form of listening, or simply spending time with a victim. Some services can accompany clients to court and a small number of services provide befriending and peer support. Counselling services are also available and some services provide formal psychological or psychiatric interventions.

12. There has been a growth in victim 'empowerment' work. This includes restorative justice, other forms of empowerment and advocacy, with some evidence of this developing in Scotland. A state-funded compensation scheme is provided and courts may order payment of compensation and community service.

13. A relatively small number of services provide advocacy or representation. Law centres, restorative justice services, anti-social behaviour teams and those working with particular groups, as well as some specific projects and self-help groups, often have an advocacy and / or campaigning role.

14. Other developments which are relevant include specialist courts, campaigning work, awareness raising and other measures to enable access to the criminal justice process and to support, specific awareness raising and media campaigns, measures to enable 'remote', or 'third party' reporting and the use of specific funding programmes.

15. There has also been increasing work to develop inter-agency working practices and protocols, detailing responsibilities and attempting to avoid gaps or duplication in provision. There are also examples of organisations coming together to plan (if not to deliver) support to victims, with a range of partnerships in most areas. Some examples of the development of good practice guidance and training were also evident.

Gaps in provision and information

16. There remain some gaps in support to victims and witnesses. Within the criminal justice system, these include potential gaps in the implementation or interpretation of existing legislation, access for some to civil and court protection, issues with the perceived position of victims in the court process (with the balance seen by some to be too much in favour of the offender), the adversarial approach and the treatment of prosecution witnesses, delays in the process, and time limits to investigation and prosecution.

17. In terms of availability of provision, there are some remaining gaps in the following:

• specialist provision to victims and witnesses of crime. These include, for example, ability to meet demands, gaps for people who do not report crimes and whose cases are not taken forward, gaps in coverage of parts of the services and provision to defence witnesses and witnesses who are not themselves victims;
• other specialist services, with variation by offence type, and evidence of unmet need for some specific groups and victims of particular crimes; and
• other services, including shortages of housing, issues with police and health responses, gaps in responses to antisocial behaviour, gaps in provision to meet financial needs, gaps in education service provision, lack of specific staff, and lack of recognition of roles and involvement.

18. In terms of forms of support, there are some remaining gaps in

• information, including information about other sources of support, case progress and the criminal justice system overall; and problems with the nature and dissemination of information;
• practical support, including support to repeat victims, preparation for court, support on the day of trial, provision of special measures, the court environment and the protection of victims and witnesses;
• emotional and psychological support, with particular concerns about access to counselling and mental health services;
• availability of restorative justice measures, staffing and resources and participation;
• court-ordered compensation and access to criminal injuries compensation; and
• advocacy, and a means of highlighting problems and complaints.

19. Services face cross cutting constraints, which have been found to include

• resources;
• capacity, demand and waiting lists;
• staff and volunteer issues;
• facilities and opening times;
• geographical issues;
• confidentiality concerns;
• accessibility;
• timing of provision;
• lack of integrated provision and joint working; and
• staff attitudes, awareness and training.

20. There are also gaps in current knowledge and information about support to victims and witnesses, including information about

• the overall impact and effectiveness of particular measures;
• the views of victims and witnesses;
• the situation across jurisdictions;
• particular initiatives; and
• specific groups of victims / specific types of crime.

21. A number of methodological problems were also identified in information-gathering to explore issues relating to victims and witnesses.

Implications of the findings

22. It is suggested that there is a continuing need to develop the overall context and structure of provision, through, for example the continuing development, implementation, 'proofing' and review of legislation, policy and structure (and clarity within this); improvements to the criminal justice system overall and consideration of responses to particular crimes; review of initiatives and provision; and continuing national and local multi-agency working.

23. It is also important to ensure a mix of services to meet the diverse needs of victims and witnesses appropriately, through the continuing development of planned and co-ordinated local services; accessible and flexible support at all stages, based upon understanding of needs; a basic availability and standard of provision in all areas; co-ordinated and consistent responses; additional services and resources, and the development of existing services to meet the level of need across the country; national developments as required; resources to meet demand; work to tackle funding problems and develop capacity; work to address some of the other barriers identified; and mechanisms to share good practice.

24. There is a need for a range of appropriate forms of provision, including the need for

25. There is a need for appropriate means of provision, including

• integrated, co-ordinated and seamless services;
• further joint working and communication amongst all agencies involved;
• clarification, awareness and recognition of roles and provision consistent with these roles;
• signposting to other services;
• awareness raising;
• improvements to data sharing;
• improvements to information collection;
• development of staff and volunteer training and information;
• appropriate and well-informed staff and volunteer responses and approaches;
• good practice guidance and protocols; and
• ongoing consultation with victims and witnesses.

26. There is scope for the development of further information, with a particular focus on research relating to

• victims' and witnesses' experiences and perceptions;
• the impact of various forms of support provision, in the short and longer term, on a range of measures including participation by victims and witnesses in the criminal justice process;
• the needs and experiences of specific groups of victims and witnesses; and
• specialist issues and aspects of support provision.

27. There is also a need for evaluation to be built in to new initiatives, and a need to identify ways of overcoming some of the methodological constraints which impact upon research with victims and witnesses.

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