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SECTION 1 INTRODUCTION AND BACKGROUND

1.1 This report presents the findings of a study of the provision of support to victims ¹ and witnesses of crime. The study 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. A report of each strand is available separately. This report draws together the main findings from both strands.

Background to the research

1.2 There has been a substantial growth in focus on the needs of victims and witnesses in Scotland, and many other jurisdictions, in recent years. This has led to the development of existing services, the introduction of new initiatives and services and the preparation of new materials. At a more fundamental level, there have been structural, legislative and policy changes.

Developments in Scotland - the policy context

1.3 There has been a substantial increase in the support available to victims and witnesses in many jurisdictions in recent years, with a growing recognition of their needs. There have also been many legislative and structural developments. This has been reflected in a number of key changes in Scotland, and the Scottish Executive has stressed its commitment to a criminal justice system that supports victims and witnesses fully. In January 2001, the Executive launched the Scottish Strategy for Victims (Scottish Executive, 2000a). This provided a framework for partnership working, and a background against which services could be developed further. A Victim Steering Group was established to oversee strategic changes, and a Victims and Witnesses Unit responsible for a programme of work relating to victims and witnesses was established in the Scottish Executive.

1.4 There have been many developments to legislation and policy which affect victims and/or witnesses in Scotland. These include the Protection from Abuse (Scotland) Act 2001, the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, the Criminal Justice (Scotland) Act 2003, the Vulnerable Witnesses (Scotland) Act 2004, the Antisocial Behaviour etc (Scotland) Act 2004, the Antisocial Behaviour Strategy and the Criminal Procedure (Amendment) (Scotland) Act 2004. There have also been many service developments for victims and witnesses, with a change in focus from 'witness management' to a greater emphasis on meeting the needs of individual victims of crime. Alongside this, there have been many developments to the provision of services and support to victims. These include changes to existing services, such as the expansion of the Witness Service; new projects and services, such as the establishment of Victim Information and Advice ( VIA); new groups and organisations; new methods of provision, and new information.

The purpose of the research

1.5 There is a strong perception that provision to victims and witnesses has improved by these means. There has, however, been no overview of support, particularly in terms of the extent to which the provision is meeting the needs of those who require it. This current research was commissioned in order to begin to develop such a picture.

1.6 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. The purpose was to identify overall provision and broad perceptions, in order to identify general patterns and gaps. It is important at the outset to make clear that this work was not an evaluation of current services to victims and witnesses, nor a detailed review of each individual type of provision.

The report

1.7 This report is in five main sections. The remainder of this section explores the needs and concerns of victims and witnesses of crime, and the implications for the overall pattern of service provision. The second identifies (from literature and discussions) perceptions of the types of support that can address these needs and hence make a difference for victims and witnesses. The third then provides an overview of the availability of these types of provision in Scotland, before considering outstanding gaps and barriers to provision in Section 4. The final section identifies some of the main implications of the findings. The methodology and bibliography are included as appendices.

The needs and concerns of victims and witnesses of crime

1.8 It was considered important to identify the needs and concerns of victims and witnesses prior to identifying both the types of input considered useful and the pattern of provision. This enables some consideration of the 'fit' between needs, perceptions of effective services and the actual nature of provision, as well as identifying gaps.

1.9 The literature review and the interviews with providers in the review of services identified the complexity of the needs and concerns of victims and witnesses of crime, and the wide variation in individual experiences. It is clear that anyone can be a victim or witness of crime, and that experiences may differ for

• men and women;
• adults, children and young people, and elderly people;
• people from minority ethnic communities (including refugees and asylum seekers);
• disabled people;
• LGBT people;
• people on low incomes or experiencing other forms of exclusion;
• people in institutions;
• people with complex, multiple needs (such as substance misuse or other issues, in combination with other needs);
• repeat victims;
• victims themselves and those close to them (or 'co-victims');
• those who report, or do not report a crime;
• witnesses who are not 'victims'; and
• victims or witnesses of specific types of crime or of offences by specific offenders (e.g. young offenders).

1.10 The impact can also vary by the degree of violence, feelings of vulnerability, the relationship of victim to perpetrator and health (e.g. International Association of Chiefs of Police, 2000). All of these factors are seen to impact on the needs and concerns of victims and witnesses. Needs may also vary over time, with specific needs, for example, in the aftermath of a crime, through the court process and in the longer term.

1.11 The literature and the service review also suggested, however, that some common experiences of the impact of crime can be identified. There are many potential effects, for example, in terms of personal and social factors. There are also many shared concerns about the criminal justice process.

Personal / social effects

1.12 The literature, and the interview strand of the service review, identified that being a victim or witness of a crime can have an impact on a range of personal and social issues at various stages.

Physical issues

1.13 Some victims experience physical effects of crime (Duckett, 2003; National Audit Office, 2002). These can include

• injuries;
• other physical symptoms;
• disability; and
• HIV infection.

Emotional / psychological issues

1.14 A number of authors have identified that some emotional and psychological effects of crime are common ². These can include

• anger (e.g. at the perpetrator, the situation, the system and, in some cases, the victim him or herself);
• helplessness and frustration;
• fear and vulnerability;
• numbness and shock;
• anxiety and depression;
• changes to self-view and loss of confidence; and
• post traumatic stress disorder ( PTSD), 'Rape Trauma Syndrome', 'Battered Woman Syndrome' and dissociative disorders.

1.15 A number of longer term emotional / psychological effects have been highlighted (e.g. Anderson et al, 2003; Newburn, 1993; Spooren et al, 2000), and Graham et al (2004) noted that:

"A sentiment echoed throughout the study was that victims of crime have to live with the impacts of the crime committed against them, and in some cases these impacts are for life." ( p.49)

These effects may be compounded at particular times, such as on significant dates, during renewed media coverage or upon notification of the offender's release.

Social / behavioural impact

1.16 The effects of experiencing a crime upon the routines of normal life and participation in social life have also been highlighted ³ and these can include

• drug and alcohol misuse;
• obsessiveness;
• aggression and desire for revenge;
• withdrawal from family and social contacts;
• distrust of strangers;
• mental health problems and suicide;
• changes to patterns of travel and other aspects of routines; and
• lower academic performance and decreased work productivity.

Economic issues

1.17 Being a victim, and in some cases, a witness, can also have an economic impact (e.g. National Audit Office, 2002; Victim Support, 2002) through, for example

• loss as a result of the crime;
• time off work and loss of earnings (including, for some, a loss of, or inability to return to employment);
• inability to afford insurance; and
• costs linked to the crime, such as replacement of stolen goods and repair of damage, security devices, prescriptions, travel to hospital or court, moving house, funeral expenses, private counselling and reconstructive surgery etc.

Criminal justice process / court issues

1.18 Many victims and witnesses also share a range of concerns about involvement with the criminal justice process and, in some cases, specifically about going to court.

1.19 A range of authors in different jurisdictions have noted that victims are sometimes seen to have limited rights, or are made relatively powerless by the criminal justice process ⁴. Concerns include

• the nature of the process;
• participants' role in the investigation and legal proceedings;
• unfamiliarity, lack of knowledge / information, and confusion; and
• media attention.

1.20 A range of concerns about going to court have also been identified ⁵. These include that this can be

• frightening, confusing, daunting and stressful;
• threatening and intimidating;
• difficult to understand; and
• adversarial and unpleasant, particularly in cross-examination.

1.21 Victims and witnesses may have concerns about the sentence. The US Department of Justice (1999) noted that, for many victims, the parole process can be intimidating. Similar issues were raised by service providers in the service review.

Issues for specific groups of victims and witnesses

1.22 The literature, and the service review interviewees, also identified some victims and witnesses who face particular issues because of the way the criminal justice process impacts upon them. The experiences discussed above may be compounded for them. It is clearly impossible to examine all of the issues for different groups and types of crimes, but some of the common additional issues are identified as follows:

• Women are much more likely to be the victims of domestic abuse and sexual violence than men. The nature of these crimes leads to specific experiences, consequences and effects. They are also likely to have disproportionate responsibility for childcare and other practical arrangements.
• Children and young people who are victims of crime experience a range of forms of crime. Where this involves sexual abuse, this can lead to specific issues, discussed later. There is also considerable literature identifying children and young people as vulnerable because of their age and cognitive development. They may find the process stressful, formal and difficult to understand ⁶.
• Elderly people may face specific issues, such as experiencing increased trauma and greater injury (e.g. Blomberg et al, 2002; Office for Victims of Crime, ³2001).
• People from minority ethnic communities often experience racist crime and issues with language, translation and interpreting. Refugees and asylum seekers may have particular needs (e.g. Chahal & Julienne, 1999; Orloff, 1996).
• People with impairments or health problems (physical or mental) may also experience particular effects of the impairment (e.g. Bragman et al, 2001; Fennell 1993). These may impact on seeing, hearing, communicating, standing, walking, understanding (for some with intellectual disabilities) and symptoms of mental health problems.
• LGBT people may experience particular issues as a result of homophobic crime and may be isolated or particularly vulnerable (e.g. Victim Support, 2004).
• People experiencing poverty or other forms of exclusion, including homeless people, may be particularly affected by cost issues and may have difficulties in seeking support (e.g. Office for National Statistics, 2004).
• Repeat victims experience a range of crimes, including domestic abuse, racist crime and other crimes ⁷. These can have a particular cumulative effect (e.g. Shaw & Pease, 2000(a); Clark & Moody, 2002).
• Families, and 'co- victims' can experience a significant impact of the crime (e.g. Graham, 2004; Walker & Louw, 2005).
• Victims who do not go through the criminal justice process account for a large proportion of victims. Whilst their needs may mirror to a large extent those of other victims and witnesses, this will also have implications for service provision.
• People in prisons and institutions, people with complex, multiple needs, and witnesses who are not 'victims' may have specific needs relating to their situation.
• Victims and witnesses of particular types of crime may experience problems as a result of the nature of the crime and the criminal justice process. Domestic and sexual abuse and rape are identified commonly because of the nature of the crimes ⁸. There is also increasing reference to the effects of other 'hate crimes'. Victims may experience particular fear, distress, risk of intimidation or harm, concerns about disclosure, and 're-victimisation' by the criminal justice process. It has also been identified that victims of youth crime may experience enhanced shock and vulnerability. Other crimes, such as road death, homicide, and other serious crimes, may also lead to specific effects.

The overall pattern of support required

1.23 All of this material provides an indication of the complex and wide-ranging impact of crime upon victims and witnesses. It also suggests the range of needs they may have and the range of support required, both in terms of the types of services and the forms of support required.

Types of services

1.24 Although not all victims and witnesses require all forms of provision, it is clear from the above that there is a potential need for access to many services. There is a need for accessible support at appropriate times, provided with courtesy, respect, sensitivity and comfort. The International Association of Chiefs of Police (2000) stated that: "Victims require a continuum of timely support and service to heal from the trauma they suffer." (p.7) Key services for victims and witnesses have been identified in the literature review and the review of services as being of three main types.

Specialist services to victims and witnesses of crime

1.25 These services comprise those which provide specialist support aimed at victims and witnesses of crime generally, defined by their overall status as a victim or witness of crime (rather than another factor, such as their gender, experience of a particular crime etc.). Such services include Victim Support and the Witness Service and Victim Information and Advice ( VIA), whilst recognising that there is some more specific targeting in VIA. The Criminal Injuries Compensation Authority is also aimed at victims of crime.

1.26 Services provided through specialist victim and witness support services vary in different jurisdictions, but are often identified as including

• information and communication with victims and witnesses;
• support with the criminal justice process at various stages;
• support to victims of specific crimes;
• practical and emotional support (in a range of ways and settings);
• advocacy; and
• signposting to other services and liaison with other providers.

Other specialist services, self-help groups and campaigning organisations

1.27 These organisations comprise services, groups and organisations providing support to service users on the basis of a specific factor. This can be based upon their status as a victim of a particular event, experience, crime or form of behaviour. These organisations include providers such as Women's Aid, Rape Crisis, People Experiencing Trauma and Loss ( PETAL) and Families of Murdered Children ( FOMC). It can be based upon their status as a member of a specific group, with providers such as disability organisations, race equality organisations, children and young people's services and LGBT organisations. These services might also include particular projects within generic services as well as specialist multi-agency partnerships. Although service users may include victims of crime, the specialism of the service is on the basis of the individual 'issue' or the 'group' of service users, rather than upon more general 'victimisation issues'. Issues can include, for example, domestic abuse, rape and road death etc., and groups can include, for example, disabled people, minority ethnic groups, children and young people, and LGBT people.

Other services

1.28 These services include a range of other statutory, voluntary and private sector services which may have a role in provision. The primary role of these services is likely to be the provision of a generic service to a wide range of users, some of whom may be victims and witnesses of crime. They may also, however, have a role in some aspect of meeting their needs. A range of services may have a role, including

• police;
• Crown Office and Procurator Fiscal Service;
• Scottish Children's Reporter Administration;
• Scottish Prison Service;
• Scottish Court Service;
• health services (including mental health services);
• housing services (including Housing Associations);
• social work services;
• education services;
• legal services;
• other financial and advice services including Citizens Advice Bureaux ( CABx);
• services providing support with other issues (e.g. drugs and alcohol; bereavement; generic support and counselling);
• employers;
• childcare providers; and
• interpreting services.

Forms of support required

1.29 A number of specific forms of provision which victims and witnesses may require from these services also emerge repeatedly from the literature and the service review as follows:

• Information including information, and sometimes basic advice, about all aspects of the process which they will experience, the specific progress of their case at all stages, and the support and provision which is available to them. In the review of services, information was the most commonly sought form of provision. The closely linked provision of access to other services was also sought frequently.
• Practical support, protection and safety including safety and security and measures to prevent repeat victimisation; preparation for court; special measures in court; witness protection and other practical measures. In the review of services, it was found that victims and witnesses sought practical support from a high proportion of organisations.
• Emotional and psychological support provided in a range of ways and including various forms of informal and formal crisis, and longer term support. For the purposes of this report, this covers those interventions which involve addressing the feelings, emotions and behaviour of victims and witnesses. This can range from 'a cup of tea and a chat' through a range of other interventions, to more formal psychological and psychiatric interventions. It was found in the postal strand of the review of services that victims and witnesses sought emotional support from around two thirds of organisations.
• Empowerment and a 'voice' through, for example, some restorative justice measures, advocacy and awareness raising. Among the 'other' support sought by some victims and witnesses in the review of services were advocacy support, mediation and restorative justice and help with campaigning.

1.30 The following section explores in more detail some of the forms of provision which have been identified as being effective in meeting the needs of victims and witnesses. It also explores the kinds of support which the literature and other material suggests can 'make a difference'.

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