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SECTION 2: PERCEPTIONS OF EFFECTIVE PROVISION

2.1 Having identified the basic needs of victims and witnesses, this section will consider the types of provision which have been found to be (or which are perceived to be) effective, or to impact in some way on the experiences of victims and witnesses. Section 3 will consider the availability of such provision in Scotland.

The overall context and structure

2.2 It has been recognised in the literature and in the review of services that the overall context and structure of provision can be an important aspect of the provision of support to victims and witnesses. This can impact upon their experiences through, for example, the development and implementation of new legislation, policy and overall structures.

2.3 It is difficult to evaluate the specific impact of such developments, other than in terms of highlighting the overall increased focus on victims and witnesses and the range of work undertaken. Much of the literature, however, identifies the positive nature and importance of these developments in promoting the rights and participation of victims and witnesses. Much of the more detailed evaluative information relates to some of the more specific aspects of provision which are considered later.

2.4 A number of service providers at interview identified the value of an appropriate structure and legislative framework for service provision. It was suggested that the Scottish Strategy had provided the impetus for developments. It was also suggested that some of the developments to legislation and consequent changes had been valuable in addressing some issues for victims and witnesses. Examples of relevant provisions included the Vulnerable Witnesses (Scotland) Act 2004; the Protection from Harassment (Scotland) Act, 2001; the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002; the Criminal Justice (Scotland) Act 2003; and the Criminal Procedure (Amendment) (Scotland) Act 2004. It was also noted that some of the benefits will be noticed in the future.

2.5 The potential value of some more recent or anticipated developments was also recognised. These included the Family Law (Scotland) Act 2006, the Inspectorate of Prosecution in Scotland's review of services to witnesses, the Solicitor General's review of rape and sexual assault, a consultation by the Home Office on plans to improve support to victims and re-evaluate the Criminal Injuries Compensation Structure, the Scottish Law Commission's Review of the Law of Murder and a Bill expected to go before the Scottish Parliament in early 2006 to give Procurators Fiscal new powers to impose compensation orders of up to £5000 without cases going through court.

The pattern of service provision

2.6 There is a significant body of evidence on the effectiveness of different service providers in addressing the needs of victims and witnesses. The need for a 'mix' of all of the types of providers highlighted in the previous section has been identified. At a general level, it is often suggested that the provision of services per se has an impact on victims and witnesses in two ways - by increasing the number who access the criminal justice system; and by helping to reduce trauma, facilitate recovery and improve welfare and rights (e.g. Blomberg et al, 2002; Herman 2002). Herman (2002) suggested that "in short, supported victims become more effective and more willing participants in the criminal justice system" (p34).

Specialist services to victims and witnesses of crime

2.7 There are many findings which suggest the importance of the provision of specialist services to victims and witnesses of crime. There are positive views of users' experiences of specialist victim and witness support from different jurisdictions, including the UK⁹. Victims and witnesses have reported satisfaction with the services received, and feeling better about their experiences. Many interviewees in the review of services also identified the value of services in Scotland such as Victim Support and VIA. Lobley and Smith (2003), in relation to the Witness Service, reported that this "has successfully established itself as a valued and needed resource for witnesses in Sheriff Courts" (p.4 )

2.8 There are also positive views about the impact that specialist support to victims and witnesses can have upon their participation in the criminal justice process. This includes the impact on their likelihood of reporting crime and co-operating with an investigation (e.g. Parker, 2001; Russell & Ginn, 2001; Sims, 1999). Lobley & Smith (1998) found that some witnesses would only consider giving evidence again if the Witness Service was available.

2.9 It was also noted during the interview strand of the review, however, that not all users will find that some of the support provided to victims and witnesses meets their needs fully, particularly if they have very specialised needs.

Other specialist services, self-help groups and campaigning organisations

2.10 The value of other specialist provision to particular groups through services, units, groups, projects and campaigning organisations has also been suggested. Studies have identified the value of specialist provision (e.g. through Women's Aid) to those who experience domestic abuse (e.g. Reid Howie Associates, 1998). There have also been examples of the benefits of specialist provision to those who are involved with domestic abuse courts (e.g. Cook et al, 2004; MacLeod & Weber, 2000; Mazur & Aldrich, 2003), those who experience sexual violence and abuse (e.g. Campbell, 2004; Victim Support, 1996), minority ethnic groups (e.g. Jalota & Benjamin, 2001), young people (e.g. Northern Ireland Office, 2002), victims of youth crime (e.g. Victim Support Scotland, 2004) and victims of other crimes (e.g. Victim Support, 2003a).

2.11 Interviewees in the review of services expressed a high level of support for issue or group-specific specialist services, such as Women's Aid and Rape Crisis. It was suggested that these services have a long and detailed understanding of the issues.

2.12 There is limited material on the effectiveness of specific victims' groups and self-help organisations, but benefits of these in some jurisdictions have been identified by some authors ¹⁰. Some interviewees in the review of services also noted the role of self-help groups in this context, with examples of where people have supported each other. It was also suggested, however, that they can vary in their provision. A small number of respondents, whilst recognising the place of groups, expressed concerns about victims 'moving on'.

2.13 Overall, as with victim services, specialist provision is seen by many to impact on participation in the criminal justice process. For example, the Overview Report of the Leeds Domestic Violence Court (Grundy, 2000) suggested that appropriate support, provided at appropriate times, was important in increasing victims' determination to proceed with a case.

2.14 Similar suggestions about the impact of support on participation in the court process by victims of domestic abuse have been made by Cook et al (2004), Cullis (2003) and Dawson & Dinovitzer (2001). Dawson & Dinovitzer (2001) noted that the odds of co-operation with prosecution were more than three times higher if the victim met with representatives of the victim/witness assistance program.

2.15 Victim Support (1996) identified that many victims receiving support following sexual violence stated that they could not have gone through with a court case without support, advice and information. The report of the Young Witness Service (Northern Ireland Office, 2002) found that some families would not have proceeded without it. Victim Support (2003a) stated that the evaluation of the Street Crime Initiative:

"… finds that high quality support provided before, during and after the court appearance has a significant impact on witnesses' ability to give their best evidence … [and] … the provision of effective support greatly increases their willingness to attend court again." (p.35)

Other services

2.16 Amongst other services, a cross-cutting issue appears to be the value of their recognition of their role in responding to victims' and witnesses' needs, and a commitment to participating in provision. A number of authors have highlighted the importance of provision by other services ¹¹. The importance of other services was recognised by interviewees in the review of services. Observations included that social work staff can be helpful to victims and witnesses and that there is a need for access to other services and the types of support which generic providers can offer.

Forms of support

Information

2.17 The value of the provision of information, in terms of victim satisfaction and attitudes, has been identified frequently ¹². It was also highlighted at interview in the review of services. Wemmers (1999) also identified that "victims who want and receive information from the police hold more favourable attitudes towards the police and sentencing practices than victims who want but do not receive information" (p.175).

2.18 There appears to have been little specific evaluation of the value of different methods of information provision, such as written information, helplines or other forms. There are, however, positive findings of the value of some materials for young witnesses (e.g. Northern Ireland Office, 2002).

2.19 The provision of information is seen to have a role in improving victims' confidence in the criminal justice system, improving support and increasing attendance (e.g. Avail Consulting, 2004; Hoyle et al, 1998). This, in turn, is seen to have advantages for criminal justice authorities and policy makers. Conversely, it has been suggested that a lack of information can increase fear and make the delivery of clear evidence less likely (e.g. Mackarel et al, 2001).

Practical support, protection and safety

2.20 There are also positive findings from the literature and review of services about practical support. Considerable research on repeat victimisation highlights perceived benefits of this (e.g. Mawby, 2004; Shaw & Pease, 2000). Overall, Mawby (2004) noted that: "Providing services for victims at the time an offence is reported to the police may help alleviate the pain of victimisation and enable crime victims to cope." (p.65)

2.21 It has been suggested that simple approaches such as advice, security measures, panic alarms, multi-agency co-ordination and the provision of details of other support can be effective.

2.22 There are also specific examples of 'local successes' in prevention projects. Examples include 'Biting Back' (Shaw & Pease, 2000), a 'Homesafe Burglary Prevention Project' in Wales, a prevention project in Huddersfield involving a graded response (Anderson et al, 1995) and a project delivered by West Yorkshire Police which involved a graded response to domestic abuse (Hanmer et al, 1999). Safety planning has also been identified as helpful (e.g. in domestic abuse cases) and Hester & Westmarland (2005) identified the importance of risk assessment with victims.

2.23 There is also evidence that victim and witness 'preparation' schemes and pre-court visits can have an impact both on witnesses' general feelings and on the likelihood of offering useful evidence ¹³. It has also been suggested that preparation can impact on the likelihood of prosecution or on the quality of the input (e.g. Buckingham, 2002; Dawson & Dinovitzer, 2001; Dible & Teske 1993).

2.24 There are many studies of the effectiveness of special measures. These include the use of videotaped evidence ¹⁴. They also include the use of screens and CCTV¹⁵ and other measures. It has been suggested that witnesses who use these have positive views of them. Burton et al (2006) noted that video recorded evidence and CCTV were highly regarded by agencies and witnesses. The foreword to the report by Hamlyn et al (2004) stated that:

"Giving evidence can probably never be made pleasant, but the survey findings suggest that special measures are helping to improve witness experience and satisfaction with the criminal justice system." (p.1)

2.25 It has been suggested that special measures can enable participation by witnesses who would not have been able or willing to give evidence without them (e.g. Murray, 1995).

2.26 The value of protection and safety have also been highlighted, in terms, for example, of the importance of the provision of separate waiting areas (e.g. Scottish Court Service, 2005; Victim Support, 2003a). It has also been noted that the use of Witness Protection Programmes can have an impact on participation by intimidated witnesses (e.g. Council of Europe, 1999; Fyfe & McKay, 1998; Illinois Criminal Justice Information Authority, 1997).

Emotional and psychological support

2.27 The evidence relating to the value of various forms of emotional support is clear in terms of the perceived impact of this upon victims themselves (e.g. Orr et al, 2005; Reid Howie Associates, 1998). In a 2004 study, 97% of those using Victim Support Scotland were 'very' or 'quite' happy with the emotional support they received from the service (Victim Support Scotland, 2004).

2.28 The evidence for crisis intervention / emotional support is less clear, however, in relation to the impact upon very specific aspects of victims' experience (particularly psychological distress and recovery time). Some authors (e.g. Maguire & Corbett, 1987; Sims, 1999), whilst identifying positive benefits of emotional support to many victims, found it more difficult to quantify how far the support improved their emotional recovery time. Marandos (2005) also suggested that victim interventions varied in their effectiveness to "reduce the psychological correlates of victimisation" (p2). 'Promising' findings from studies of intensive victim interventions to this group, where the interventions had a sound theoretical framework and structure and were delivered by professional clinicians were also noted. Marandos and Perry (2005) acknowledged, however, that crisis intervention approaches may be appropriate for the majority of victims. Other studies have also identified that such support can have a range of benefits to victims. As noted above, many victims have positive views of the emotional support which they receive.

2.29 Although material relating to specific psychological and psychiatric interventions was not reviewed in detail in the literature review, it was noted that structured interventions such as cognitive behavioural therapy could be effective for some victims of serious sexual and other offences (e.g. Resnick et al, 2002). Cognitive behavioural therapy has also been shown to prove effective in some cases where victims are showing symptoms of post-traumatic stress disorder (e.g. Foa et al, 1999).

Empowerment, restorative justice and advocacy

2.30 There is a growing literature on the effectiveness (in relation to some crimes) of restorative justice and other measures which aim, broadly, to address empowerment of victims, restitution and advocacy (e.g. Cormier, 2002; Wemmers & Cyr, 2005). The focus of much of the evidence is on the personal benefits of such measures to victims. Positive findings include that such measures often find support amongst victims and offenders (e.g. Cormier, 2002; Miers et al, 2001), although this can vary (Sanders, 1999). Cormier (2002), in surveying the published research literature, noted that:

"Survey studies and general reviews of the evaluation literature have shown favourable attitudes towards restorative justice, small reductions in recidivism, a positive effect on victim satisfaction and an increased likelihood of completing restitution agreements."

2.31 Benefits have also been identified, in relation to some crimes, for mediation. These include the opportunity for a victim to speak their mind in a safe setting (e.g. Liebmann, 1999; Strang 2002; Umbreit & Fercello, 1997), to feel part of the criminal justice process (e.g. Liebmann, 1999); to reduce fear and to increase their satisfaction (e.g. Latimer & Kleinknecht, 2000). SACRO (2005) identified that 85% of those harmed by young people's actions stated that they would recommend the youth justice service to others. Graham et al (2004) and a range of others ¹⁶ have found positive views of victim statements. These have been seen to give victims a voice, increase their involvement and increase agencies' understanding. It has also been suggested that these can be seen as 'validation' of their experiences (e.g. Bazemore, 1999) and part of healing (e.g. Erez, 1994b).

2.32 During the face to face interviews with providers in the service review, one respondent promoted the benefits of a restorative justice approach, suggesting that victims like to be consulted and to have the choice of provision. It was suggested that feedback from services users has been good. This respondent suggested that "there is a demand for something more personal from justice". One organisation also suggested that victim statements can be useful in some settings.

2.33 It has been suggested by others, however, that the overall benefits of such approaches are more mixed. There have been concerns expressed with a number of aspects of restorative justice ¹⁷. It has been suggested that such an approach may

• have limited impact on outcomes;
• serve as a means to 'get tough' or cause harm;
• focus too heavily on the offender, taking less account of victims' needs and concerns;
• provide more symbolic than substantive reform;
• ignore established principles of effective offender intervention;
• have the potential for misinterpretation, bias and discrimination;
• fail to be 'restorative' and have little impact on recidivism; and
• be labour intensive and time-consuming, with many cases which do not reach the desired conclusion.

Concerns with this were also raised at interview in the service review. These included its inappropriateness for some crimes and, for some, too great a focus on these measures.

2.34 Problems have also been highlighted with the actual level of participation, as well as the implications for resources. Concerns about potential negative effects of confronting a perpetrator or raising expectations have also been identified. Wemmers & Cyr (2005) noted that opponents suggest that mediation can enhance victims' suffering and fear, and there are concerns that it is inappropriate for some crimes (Latimer & Kleinknecht, 2000).

2.35 Concerns have also been raised with victim impact statements ¹⁸. It has been suggested that there are varied research results about the impact on sentencing (e.g. Tobolowsky, 1999) and that they may

• shift attention from the offender onto the victim;
• lead to inconsistency in sentencing and create 'classes' of victims, having little to do with the goals of sentencing;
• undermine courts' dispassionate decision making and involve unacceptable public pressure on the court;
• create delays and additional expenses;
• add to victims' burdens;
• raise victims' expectations (which may have a negative impact); and
• involve practical barriers such as forms/format, limited instructions, language barriers and confidentiality concerns.

2.36 Some interviewees in the review of services also raised some concerns with victim statements. These included a lack of clarity of purpose, concerns with accused persons having access to the information and concerns about how the statements would be used. In Scotland, an evaluation of a pilot of the use of victim statements is due to report later this year. This pilot took into account research into, and experience of, the use of victim statements in other jurisdictions. The evaluation concentrated on the operation of victim statements within the Scottish criminal justice system. Although the evaluation is not yet complete, broadly speaking the findings so far suggest that many of the concerns identified in other jurisdictions were addressed in the design of the pilot.

2.37 It is also suggested that the provision of compensation and restitution can be important for victims (e.g. US Department of Justice, 1999; Victim Support, 2003b), particularly in terms of recognition of their experiences. Shapland et al (1985) and Newburn & de Peyrecave (1988) found victims were positive about compensation orders from offenders ordered by the court and the state CIC scheme.

2.38 There are also some positive views of the potential for advocacy work to make a difference to victims' experiences (e.g. Spungen, 1998; Tewksbury et al, 1998). There is limited information about this specific form of provision, or the use of formalised Offices of Victim Advocates. There is some evidence from evaluation of specialist courts to suggest that victim advocacy work is considered useful (e.g. Vallely et al, 2005). It has also been identified that it can be helpful for witnesses to be accompanied to a courtroom by a volunteer (e.g. Hester & Westmarland, 2005; Victim Support, 2003a).

2.39 There are positive views from studies of specialist courts, the most relevant of which are domestic abuse courts ¹⁹. There is also some evidence that they can have an impact on the likelihood that a conviction can be secured (e.g. Plotnikoff & Woolfson, 2005). A number of interviewees in the review of services also highlighted their views of the perceived value of the pilot domestic abuse court in Glasgow.

2.40 There are examples of positive views of the impact of wider work in local communities (e.g. Gragg et al, 2004; Williams, 2005). There are also positive views of media campaigns, remote reporting (e.g. Clark & Moody, 2002; Victim Support, 2004) and the use of specific initiative funding (e.g. Reid Howie Associates, 2003).

The means of service provision

Integrated / joint working

2.41 Many studies point to the importance of joint working and integrated service provision in responding to the needs of victims and witnesses. Comments were also made at interview in the review of services about the value of integrated/co-operative working. Suggestions included that the development of protocols had been useful, as well as the development of increased communication between some agencies, and multi-agency working. It was suggested, for example, that there have been "remarkable developments" in relation to the protection of children.

2.42 Some authors suggest the need for the provision of 'one stop' services (e.g. Blomberg et al, 2002). Even without co-location, however, others stress the need for co-ordinated, co-operative and comprehensive provision (e.g. Blomberg et al, 2002; Downey, 1994; Shepherd & Lisles, 1998). The benefits of continuity in provision for a range of victims have been identified, including victims of sexual abuse (e.g. Thomson, 1998), sexual assault and rape victims (Campbell & Ahrens, 1998; Lovett et al, 2004), domestic abuse (e.g. Hester & Westmarland, 2005) and racist crime (e.g. Jalota & Benjamin, 2001).

Staff attitudes, awareness and training

2.43 Research identifies the importance of the attitudes and approaches of service providers (e.g. Wemmers, 1999). It is suggested that there can be problems, in some services, with an overall lack of awareness of the nature of victimisation and a lack of understanding of specific issues for particular groups. Services may make inappropriate assumptions, make an intrusive or insensitive response, fail to take incidents seriously enough and 'blame' the victim. In the light of this, the need for victims to be heard, believed and treated with respect has been highlighted in many studies ²⁰. The impact of this on their attitude, experience, participation and future reporting has also been identified ²¹. The importance of the attitudes of a range of service providers to women experiencing domestic and sexual abuse and rape has also been raised ²².

2.44 Related to this, it has been found that staff training can enhance provision ²³. For example, the overall importance of the quality of staff with skills, training and professionalism has been noted. The value of specialist training for those responding to particular issues such as domestic abuse has also been recognised (e.g. Saunders & Anderson, 2000).

Accessibility

2.45 A number of workshops at a Home Office conference (Home Office, 2004a) on supporting victims highlighted the importance of accessible provision. This includes the provision of interpreting services or language support; physical access; and childcare and transport.

Timing of provision

2.46 The timing of service provision can also have an impact on experiences. There is a need for services to be provided quickly (e.g. Hanmer et al, 1999) and at all stages with different needs evident at different times (e.g. Jacobson, 1986; Winkel, 1991). It is suggested that it is important to alleviate the victim's immediate needs at the time of the incident, to provide information and practical support, then to address the need for longer term support through the most effective means.

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