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SECTION 3: PROVISION AND AVAILABILITY OF SUPPORT TO VICTIMS AND WITNESSES

3.1 Having identified the types of provision which are seen to be required and which are considered by some to be effective in addressing victim and witnesses' needs, the actual provision of these services is explored in this section. There is a particular, although not exclusive, focus on services in Scotland.

3.2 Jurisdictions, including Scotland, have seen many service developments for victims and witnesses in relation to the forms of provision highlighted in the previous section. There has been a change in focus from 'witness management' to a greater emphasis on meeting the needs of individual victims of crime (e.g. Blomberg et al, 2002; Mawby, 2004).

Providers' roles and involvement in provision

3.3 It has become clear that all of the three broad types of service providers identified as being involved in provision of support to victims and witnesses can provide a useful response, and all are available in Scotland. The review of services identified that a wide range of staff in Scotland are likely to come into contact with victims or witnesses. Front line staff in general services, and specialist staff in generalist organisations are particularly likely to do so. In a number of largely specialist organisations, agencies reported that all staff could have contact with victims or witnesses. The more detailed roles of the key organisations providing support in Scotland are outlined below.

Specialist services to victims and witnesses of crime

3.4 Victim Support Scotland offers, through trained volunteers, information, practical and emotional support to victims of crime in a range of ways. It also enables them to access other relevant assistance and develops empowerment and advocacy. The Witness Service provides support with the court process. This can include accompanying witnesses into court, arranging a pre-trial familiarisation visit and putting them in touch with someone who can answer specific questions about the case. VIA offers case specific information and advice to some victims, and information on legal procedures. It also gives victims the opportunity to discuss issues that concern them. The Criminal Injuries Compensation Authority provides a state funded compensation scheme.

Other specialist services, self-help groups and campaigning organisations

3.5 A number of specialist services and initiatives provide information, practical support and various forms of emotional and psychological support to particular groups of victims and witnesses in Scotland, or those with particular issues. This can include those who experience particular types of crime (e.g. Rape Crisis, Women's Aid, Families of Murdered Children) and particular groups such as disabled people, elderly people, children, and people from minority ethnic communities. Specific projects provided by generic victim organisations (e.g. provision by Victim Support of assistance to particular victims) are also a form of this provision. Similarly, providers of this type include some self-help groups and campaigning organisations, specialist units and multi-agency partnerships. The types of support provided can cover the range of forms highlighted, including specific information about the specialist issue, practical support, emotional and psychological support and empowerment / advocacy.

Other services

3.6 The police have early contact with victims and witnesses, and are particularly involved in the immediate aftermath of a crime. Police might also be involved in the provision of specialist support to some victims through, for example, domestic abuse units, Family Liaison Officers, etc. They also carry out crime prevention work, addressing safety issues and preventing repeat victimisation.

3.7 The Crown Office and Procurator Fiscal Service is involved with victims and witnesses (e.g. through VIA and the provision of information and interpreters for Crown Witnesses). The Scottish Court Service ( SCS) is responsible for issues such as the physical accessibility of the court, facilities at the court, the availability of interpreters for accused persons, and the provision of special measures, as specified in the Vulnerable Witnesses (Scotland) Act 2004. The SCS is also responsible for the distribution of any compensation awarded by the court in criminal cases in the High Court and Sheriff Courts. The Scottish Children's Reporter Administration has a role in offences involving young people. The Scottish Prison Service is involved through the Victim Notification Scheme. Most local authorities administer District Courts and are responsible for the distribution of compensation awarded by District Courts.

3.8 Health services (including mental health services) are also involved. Victims may, for example, use accident and emergency services, acute care, outpatient treatment, primary care services, mental health services, counselling and psychiatric services in the short and longer term. They may also seek support from other health-related projects and organisations in the community.

3.9 Housing services (including Housing Associations) may be involved in the relocation of victims of some crimes. They can also be involved in housing witnesses involved in witness protection, in supporting victims of anti-social behaviour and harassment, and in undertaking repairs and security improvements. Education services will have contact with victims and witnesses through community education and work with children and young people who are victims of crime. They may also be asked to provide support to them.

3.10 Social work services are involved, through, for example, work with children and young people, care in the community and work through criminal justice teams. Criminal justice teams may make direct provision to partners of perpetrators of domestic abuse and provide direct support via specialist staff to some witnesses in the court process. Specialist community based services may administer restorative justice initiatives.

3.11 Legal services have a role in the provision of legal advice and assistance. This might involve private services and voluntary sector law centres, as well as other relevant projects. Other financial and advice services (e.g. insurance companies; Jobcentre Plus; Citizens Advice and other rights services) may also be approached for help and advice relating to a range of needs, including financial issues.

3.12 Services providing support with other issues (e.g. drug and alcohol services, bereavement services and generic support services such as the Samaritans) are also likely to have a role in provision. There may also be a role for employers in supporting employees who experience problems, and in enabling them to participate in the criminal justice process. Childcare providers and interpreting services may also be involved in the provision of practical support. In addition to their direct roles, any of these services might be approached for 'signposting' to other forms of provision.

Availability of provision by type of service provider

Specialist services to victims and witnesses of crime

3.13 Specialist victim and witness services, such as Victim Support and Victim Information and Advice ( VIA), and the Criminal Injuries Compensation Authority generally exist in most jurisdictions. The National Audit Office (2002) suggested that provision of specialist services in the UK was more comprehensive and better established than in many other countries.

3.14 In Scotland, there are Victim Support services in all local authority areas. The Witness Service exists in the High Court and all Sheriff Courts. VIA has now been established in all Procurator Fiscal areas. The review of services found that Victim Support provided support to nearly 170,000 clients in its most recent reporting year, making it the largest organisation in the survey in terms of the number of victims and witnesses supported. The Criminal Injuries Compensation Authority reported that it supported around 70,000 victims of crime across the UK. For these services, 100% of their direct service users are generally victims and witnesses.

Other specialist services, self-help groups and campaigning organisations

3.15 In Scotland, as in other jurisdictions, there are a number of examples of the development of other specialist services, self-help groups and campaigning organisations. The literature review identified examples from Scotland and elsewhere. Overall, around a third of organisations responding to the postal strand of the review of services were found to provide a specialist service to one or more groups of victims or witnesses.

3.16 Among the specific groups of victims whose needs were identified as being addressed by the service providers in the review of services were

• women (including women involved in prostitution);
• children and young people (generally and in various at risk groups);
• pupils or staff in schools;
• people from ethic minority communities;
• LGBT people;
• vulnerable adults;
• victims of domestic abuse;
• victims of childhood sexual abuse;
• victims of rape and sexual assault;
• victims of ritual and organised abuse;
• victims of non-sexual crimes of violence;
• victims of racist harassment, homophobic crime and other hate crimes;
• victims of anti social behaviour (which may or may not be a crime);
• families bereaved following road crashes;
• families bereaved following homicide;
• those who have sustained injuries as a result of crime;
• tenants and residents in a local area (regardless of crime type); and
• victims and witnesses cited to appear in court cases.

3.17 Several of these services suggested that they dealt with more than 1,000 victims and witnesses annually. These included the Scottish Domestic Abuse Helpline (more than 15,000) and some of the larger support organisations, such as SACRO, ASSIST and the Glasgow Women's Support Project. In 2002-2003, Women's Aid groups in Scotland provided information and support to more than 72,000 people, and more than 1,600 women and 200 children and young people were admitted to refuge. One self-help and campaigning group (Families of Murdered Children) indicated that nearly 5,000 people had used its service in some way in its most recent reporting year.

3.18 A number of organisations in the review of services indicated that all of their service users were either victims or witnesses. Clearly, this included the specialist organisations for victims and witnesses (as noted earlier). It also included a number of other specialist organisations, such as Women's Aid and Rape Crisis groups. Two self-help and campaigning groups also indicated that 100% of service users were victims or witnesses. Others in this category included a number of specialist projects, such as 18 and Under, ASSIST and Roshni. Many of the users of SACRO's Youth Justice Service are also victims of crime, although offenders are also involved in the use of this service. There were a number of services within which a majority of users were victims or witnesses. This group included all of the remaining Women's Aid and Rape Crisis services, as well as services to survivors of sexual abuse and services involved in mediation and conflict resolution.

3.19 Some of these service providers have existed for a considerable period (e.g. Women's Aid and Rape Crisis). There are also newer organisations of and for victims of crime, or specific groups. Women's Aid groups exist in all areas, and a range of domestic abuse work has continued to develop at a local level following the National Strategy to Address Domestic Abuse in Scotland. A service has developed in Glasgow to provide specialist support to victims involved with a pilot domestic abuse court ( ASSIST). The work of organisations such as Rape Crisis continues to develop, and a large number of service providers make some form of provision for equalities groups (particularly specialist providers).

3.20 Some projects have been undertaken with particular groups of victims and witnesses. Some are by generic service providers and some by specialist organisations. Clark & Moody (2002) identified that, in Scotland, some minority ethnic organisations ran projects designed specifically to support victims of racist incidents. An Asylum Seekers' Project was developed through Victim Support in one area of Glasgow. The Scottish Executive (2004c) identified the involvement of Victim Support Scotland in projects to support homeless victims and victims of racist crimes. Two youth justice pilot projects were developed ( SIVYC and VOYCE) offering support to victims of youth crime and providing information about the Children's Hearing System (Victim Support Scotland, 2004).

3.21 A number of service providers in the review of services noted that initiatives were being developed which would impact on victims and witnesses in due course. SACRO, for example, is developing a service offering communication between victims of severe violent crime and the person responsible. This is to be called ' TASC' (Talk After Severe Crime). An Assault, Rape, Counselling, Health ( ARCH) centre in Glasgow was launched in February 2006 and centralises police, health and social work services to victims of rape or sexual assault.

3.22 There are a number of national and local helplines in Scotland offering support with a range of issues. There is a national Domestic Abuse Helpline as well as helplines within services. Slightly over a fifth of respondents in the postal strand of the review of services offered helpline support.

3.23 Specialist units have developed within police services. All forces have Domestic Abuse Units, and units for dealing with racist crime. Specialist services are provided by Domestic Violence Liaison Officers, Family Protection Officers, LGBT Liaison Officers, Racial Awareness Officers and Family Liaison Officers.

3.24 There has also been growing use of multi-agency groups to address specific issues such as racist crime and domestic abuse. There are a range of relevant partnerships operating in all, or virtually all, areas. These include Community Safety Partnerships, Domestic Abuse Forums and Child Protection Committees. While these may not necessarily provide direct services, they have strong links to a range of providers and can take an overview of local work.

3.25 By far the largest range of specialist services is in Glasgow and Edinburgh, as well as Dundee and Aberdeen. There are generally specialist services in larger central belt local authorities such as North Lanarkshire and Fife. Provision in more rural, and island areas, however, is very patchy and there is considerable variation. Even in Highland, most specialist services are concentrated in Inverness, which is more than 100 miles from some outlying areas in the same local authority. A study of domestic abuse in the Western Isles (McNeil et al, 2004) found that, especially on some smaller islands and in remote rural areas, support from statutory and voluntary agencies was not always available.

3.26 The pattern of specialist services varies from area to area. For example, while Women's Aid groups exist in all local authority areas, there are large gaps in the provision of services to victims of sexual assault or survivors of childhood sexual abuse. Some areas, such as Fife, have more than one provider. Others (including most of rural Scotland) have none. This pattern is repeated for other groups. Just under a half of all services to minority ethnic communities identified by this research were found to be in Glasgow (with others in the remaining cities and local authorities surrounding Glasgow). Minority ethnic victims of crime in many other areas would be unlikely to be able to gain access to a specialist support provider, although clearly mainstream support providers such as the police and Victim Support would be available. All of the services for homeless people were found to be located in cities. Services for LGBT people were found to exist either at a national level, or to be located in the cities or in very large local authorities such as Fife.

3.27 Only a relatively small number of specialist self-help and peer-support organisations exist in Scotland (for example, PETAL, FOMC and CRUSE). These organisations tend to operate through a national helpline or similar service, supported in some cases by local branches, or local networks of volunteers. Although there may not be 'national' coverage in the sense of a branch in every local authority area, the basis of the service is generally that anyone who requires a service will be able to access it to some extent. This may be, for example, through home visits by volunteers, or access to a telephone helpline.

Other services

3.28 In terms of other services, the review of services identified a range of other core services available in each local authority area, as follows:

• police;
• core criminal justice agencies, such as the Procurator Fiscal Service and both District and Sheriff Courts ²⁴;
• Children's Reporters;
• public services, such as health, education, housing and social work (including housing associations);
• JobCentre Plus;
• general advice providers ( CABx, solicitors and, in most areas, some form of financial advice); and
• services addressing antisocial behaviour (including investigating teams, wardens, etc.).

3.29 The police were identified as providing support to a large number of victims and witnesses annually. One housing association and one anti-social behaviour investigation team indicated that all of their service users were either victims or witnesses. In most cases, however, victims and witnesses will represent only a proportion of service users, and this will vary between services.

3.30 Some of the literature suggests the increasing involvement of some of these providers in recognising their overall role and in participating in initiatives and partnerships. The review of services identified that a small number of services were in the process of carrying out reviews of their service provision or new developments. Central Scotland Police, for example, has initiated a project (Victims First) to review and improve how the organisation deals with victims and certain witnesses of crime.

3.31 A number of antisocial behaviour services within local authorities noted that their service was evolving in various ways. This included, for example, new staff being employed who could provide support to victims and witnesses. East Ayrshire Community Health Partnership was found to be recruiting a Domestic Abuse Mental Health Nurse.

Availability of provision by form of support

Information

3.32 The literature review found many developments to the provision of information to victims and witnesses. The review of services found the main sources of 'overview' information to be Victim Support and the CAB network. Both are available to all victims and witnesses and readily contactable via telephone through a national number and local services.

3.33 Some specialist services which cater for specific groups also provide basic overview and signposting information for both victims and witnesses, although these services are by no means universal. Some also give a wide range of information relating to issues relevant to their target groups. This can include information on campaigning and lobbying, relevant legislation and other issues. For example, the Scottish Campaign Against Irresponsible Driving ( SCID) provides extensive information on the Road Traffic Act. Families of Murdered Children provides information about the court process and the issues families are likely to face. The Scottish Child Law Centre provides information about legal issues in relation to young people under 18. A number of other services also noted providing some information, often on a responsive basis (e.g. social work services, hospitals etc.). Law Centres and national helplines also provide relevant information.

3.34 Information about the progress of a case is available from a variety of sources. Prior to a report being submitted to the Procurator Fiscal, the police provide some information and can signpost other support. Procedures also exist for the police to let victims know the outcome of their enquiries. Once a report is submitted, the responsibility (in some cases) shifts to VIA. VIA provides information to some victims on the progress of a case, as well as referring people to other organisations. Information is now also being provided to victims of youth crime, and the Scottish Children's Reporter Administration provides victims with information on case progress and decisions about disposal of a case. Victim Support Scotland works alongside SCRA to provide complementary support and generic advice to victims of youth crime. SACRO Youth Justice Services also identified the provision of information about the progress of cases involving Children's Hearings. One interviewee in the review of services reported an exercise in one area where victims were informed of the outcome of cases. This was seen to be a positive initiative.

3.35 With the exception of VIA and the victims of youth crime, most of these services are available to all victims and witnesses, regardless of area and regardless of the nature of the charges involved. In Glasgow, ASSIST provides information relating to the progress of cases through the Domestic Abuse Court only. SCS and District Court staff can also provide information about when cases will call. Cases cited to appear in the Sheriff Court and High Court are also listed on the Scottish Court Service website. In the most serious cases, the police may retain contact with victims and witnesses through liaison officers. Where a victim or witness is represented by a solicitor, it is likely that the solicitor, rather than the police or VIA, will be the source of information about progress.

3.36 The Scottish Executive (2005) noted developments to Crown Office policy on disclosing the reasons for not proceeding with a prosecution. There is also a Victim Notification Scheme operated jointly by the Scottish Executive Justice Department, the Scottish Prison Service and the Parole Board. In some criminal cases (generally where an offender has been sentenced to 4 or more years for a crime of violence, a sexual or indecent crime, a crime involving firearms, housebreaking, a hate crime or fire raising) victims have a right to receive information about a prisoner's release. They also have the right to be told when the prisoner is being considered for parole, and to make representations about this to the Parole Board for Scotland.

3.37 Information about attendance at court is generally available through VIA and the Witness Service, covering Sheriff and High Court cases. As with other information, ASSIST provides information about the Domestic Abuse Court. Information about the attendance of vulnerable witnesses is available from a number of sources. These include VIA, and, depending on the issues facing the witness, from social work services, Children First, the Scottish Court Service and other specialist providers.

The means of provision of information

3.38 It became clear from the review of services that most information is still delivered in traditional ways. Nearly three quarters of services in the postal strand (with the exception of telephone helplines) were found to provide information on a face to face basis. Nearly three quarters also provide this via the telephone or in written form. Virtually all were found to have a website and most identified producing written information (although less than a third reported providing information via the Internet). All organisations were found to provide information about their own services, and many reported providing only this information. Most would also refer clients to other services, either directly, or through the provision of information. Some organisations provide information about services, but do not make a referral per se.

3.39 There is a range of written and other information available. The Scottish Executive has published a Victims' Information leaflet, is developing other leaflets and has a victims' information website. Victim Support Scotland has a range of written information and publicity, as do many other relevant specialist organisations. The Scottish Court Service has been developing information leaflets to form a victim information pack. In 2004, the Scottish Executive published a pack of 'Information for Bereaved Families and Friends Following Murder or Culpable Homicide' and has produced a pack for families and friends bereaved after a road death. The information to bereaved families was being reviewed at the time of this research. In 2004, the Executive also noted the publication of a Young Citizen's Passport in association with the Law Society. Work has also been undertaken to provide age appropriate materials for children to help them to cope with the impact of crime. A booklet for young witnesses is also available.

3.40 Many services in the review reported producing leaflets about their services, and there are a range of more general leaflets available which are relevant to victims and witnesses. A 'mystery shopping' exercise undertaken as part of this research, however, found virtually no information directly relevant to victims and witnesses on display in a wide range of locations. No leaflets describing Victim Support services were found, and only a very small number of the Scottish Executive's service standards leaflet. There were no copies of the Scottish Executive's Victims of Crime leaflet. The most commonly identified leaflets were those developed locally by a domestic abuse partnership, a local rape and sexual assault centre and the Child Protection Committee. A number of locations had Samaritans leaflets or posters, and most of the public buildings had racist incident remote reporting forms. A small number of NHS leaflets on mental health issues were also obtained, as were two copies of leaflets on criminal injuries compensation.

3.41 The research found a considerable amount of information available on the Internet. This included information about organisations, as well as self-help information about most medical and psychological issues a victim or witness might face. The review of website information, also carried out as part of this research, identified that the main Scottish Victims of Crime website acts as a central reference point for information for victims and, to some extent, witnesses. The site can be found using a variety of common domain names and the address is carried on Scottish Executive and other materials. The site provides a good deal of information about the criminal justice process. It is arranged in a broad timeline, with reciprocal links to other key organisations' web pages. The Victim Support Scotland website, which provides a large amount of information relevant to victims and witnesses, is referred to by virtually every other website.

3.42 There were found to be considerable variations in the nature and operation of the sites, such as whether they provide advice about removing browsing histories and whether personal information is needed to gain access to information. Some require victims to contact the provider for some information and some have design features which may make navigation difficult for inexperienced internet users.

Practical support, protection and safety

Crime prevention measures, risk assessment and safety advice

3.43 Victim Support services are involved in the provision of practical advice, particularly in the immediate aftermath of a crime. Crime prevention and safety advice are also given by the police and others, with examples of specific projects involving the input of such advice to prevent repeat victimisation. The literature review identified examples from England and Wales of a number of projects of this type (e.g. Farrell et al, 2000; Farrell & Pease, 1997; Hunter et al, 2004). These sometimes involved the adoption of graded responses according to the number of prior victimisations.

3.44 The review of services found that a number of projects, particularly projects aimed at women, provide personal safety advice. Examples included the ASSIST service, a number of Women's Aid groups, Rape Crisis/Rape and Sexual Assault services and other specialist services, such as Open Secret and EVA. In Scotland, North Lanarkshire has introduced Multi-Agency Risk Assessment Conferencing ( MARAC) to identify victims of domestic abuse who are most at risk of experiencing violence in the future. Risk assessment is carried out by police officers attending incidents of domestic abuse and shared among relevant agencies to promote the safety of abused women and their children. The ASSIST service also undertakes risk assessment and safety planning.

3.45 A small number (of largely housing associations), reported providing advice on, for example, home security. A small number of projects in some areas were identified as providing advice, and in some cases installation services, to older people relating to home security. These were largely operated by Community Safety Partnerships. The Sandyford Initiative in Glasgow noted that it maintains a library with information for victims and witnesses in the aftermath of a crime.

3.46 Many service providers involved in the immediate aftermath of a crime are able to assist in securing practical assistance. Some personal safety measures are available through the police, or antisocial behaviour investigation teams based in local authorities. These can include additional perimeter security, CCTV, panic buttons and personal alarms. They are generally available in all parts of Scotland, where they are seen by those providing them to be necessary for victims. BT can ensure that a telephone number is changed, and can implement barring very quickly, where necessary.

3.47 A number of organisations in the review of services (e.g. housing associations or local authorities) identified securing property to prevent repeat victimisation. Each of the Women's Aid groups identified providing refuge and other temporary accommodation, often in partnership with local authorities and other housing providers (including some housing associations). A small number of other service providers (for example, the Moira Anderson Foundation, and the Aberlour Trust) provide some spaces to specific groups of clients, either for immediate safety or for temporary refuge. Access to these services tends to be available from anywhere in Scotland, although the locations are not always disclosed, for example when there are issues of safety and confidentiality. All local authority social work services have a statutory responsibility to ensure that children have a place of safety.

Preparation for court

3.48 There are many examples in the USA, Canada, New Zealand, Australia and the UK of court preparation schemes and support with going to court. This can include information and support to victims, witnesses and family through pre-court visits, familiarisation, provision of private waiting areas and one to one work. Provision can be made before, during and after the trial. In Scotland, the Witness Service has been introduced to all Sheriff Courts and the High Court (although not the District or Appeal Courts).

Special measures in court

3.49 There is a range of support available to vulnerable witnesses in court in a number of jurisdictions, to enable them to participate in the criminal justice process and to improve the quality of their evidence. Recent years have seen an expansion in provision for children and for others, which can include the use of videotaped evidence, screens, CCTV/live link, communication aids, support persons, changes to procedures and other support. The review of services noted the wide range of provisions in place, or being made available for vulnerable witnesses. While this is a rapidly changing area, the view of SCS is that, with notice and some degree of flexibility, each Sheriff Court and the High Court can provide the supporting measures required at present.

Witness security and protection

3.50 Measures for witness security and protection can include courtroom security (such as the provision of separate waiting areas), measures to help evidence be given safely accompaniment of witnesses to court transport, outreach and community schemes (Mackarel et al, 2001).

3.51 SCS and individual District Courts make a range of support available to witnesses, including victims. These include separate accommodation for defence and prosecution witnesses, and additional measures of security where these are seen to be required. SCS, as noted earlier, is also responsible for issues such as the physical accessibility of the court, the availability of interpreters for accused persons and the provision of special measures, as specified in the Vulnerable Witnesses (Scotland) Act 2004. The Scottish Court Service is committed to adapting all courts to improve facilities to meet the needs of victims and witnesses (Scottish Executive, 2002). It has recently implemented quiet spaces in courts used by the High Court, where victims' families can go for breaks in sittings or for temporary respite.

3.52 There was an increase in witness security schemes in the UK in the 1990s (Fyfe & McKay, 2000) and all Scottish police forces have access to assistance with protection to witnesses and families who are considered to be at serious risk. For a small number of witnesses, protection means resettlement and a change of identity. The Witness Protection Scheme, which was piloted in the Strathclyde Police area, has been extended to all forces (Scottish Executive, 2003).

Other practical support

3.53 There are a range of other services which provide practical support for victims and witnesses. Solicitors and specialist law centres, for example, provide practical legal support. There are, however, few law centres, and these are mainly located in Glasgow, Edinburgh, Dundee, and some other towns in the west of Scotland. Health services provide treatment and, at a more specific level, some providers identified additional services such as practical support in relation both to STD and pregnancy / reproductive health for women who have been raped.

3.54 Some services noted providing financial advice. In most cases, this would be at a general level, with more complex cases being referred to specialist Money Advice projects (where these exist) or to the CAB. A small number of largely student-based organisations in the postal strand of the review of services indicated that they could provide emergency loans in cases of hardship. In most other cases, where a victim is eligible, such support might be provided by the Department of Work and Pensions or local authorities.

3.55 At a most basic level, a number of organisations identified that they can provide victims with transport, where necessary. This is dependent on the victim being a client of the service in question. Some services also noted that they could provide childcare.

3.56 Most services noted that they would provide support with making applications for their own services. A much smaller number identified that they would provide support with making applications for other services (e.g. the CAB network, Law Centres and some specialist organisations). SCS staff, staff of support agencies such as the Witness Service or ASSIST and some general agencies can assist with applications. These can include those which may be required in relation to court processes (e.g. expenses payments or assistance with childcare) or those relating to insurance or compensation.

Emotional and psychological support

3.57 The literature review identified that considerable work is undertaken to provide what can broadly be termed 'emotional and psychological support' to victims of crime. This can range from 'a cup of tea and a chat' through a range of other interventions, to formal psychological and psychiatric interventions.

3.58 There are a wide range of organisations which can provide support to victims with different levels of emotional and psychological needs. Some services would consider that they provide relatively informal 'emotional' support. Such provision forms part of the work of some of the specialist services for victims and witnesses. It can also be part of the work of other specialist services to particular groups, as well as other projects and self-help groups, some counselling organisations and specialist police services. Some services provide more formalised and structured psychological and psychiatric interventions. Statutory, voluntary and private health-related organisations and some counselling organisations, for example, can be involved in this way.

3.59 Many organisations in the review of services identified providing general emotional support in the form of listening, or simply spending time with a victim. This type of support is provided by, for example, Victim Support, Women's Aid and Rape Crisis, and a large number of voluntary organisations. Police services also provide some element of emotional support, particularly in the most serious cases. Two forces noted that officers would more often coordinate support of this type to be provided by others. Some health and other staff (e.g. those providing services to older people, such as homecarers) may also provide emotional support. The role of various churches and faith groups should also be acknowledged.

3.60 A small number of services (including a group working with minority ethnic community members) noted providing emotional support with the decision whether or not to report a crime. This is also likely to be the case with other crimes such as domestic abuse, rape, sexual assault and homophobic crime.

3.61 The Witness Service provides support at the court, as can ASSIST in the Domestic Abuse Court. Some services indicated that staff could accompany clients to court. All social work services identified providing emotional support to children as part of the court process; a number also mentioned other family members in this context. A small number of services identified that they provide befriending support, but there appeared to be very few services of this kind available generally to victims and witnesses. A community warden service identified that one of its roles was providing some element of befriending to victims of crime - particularly vulnerable groups such as older people. One housing association noted providing a 'buddying' service for tenants who may be anxious about being in public places. It was suggested that this form of support may be relevant to victims of crime.

3.62 A small number of voluntary sector providers identified that they facilitate forms of peer support. In some cases, this is through groupwork. Families of Murdered Children also noted that it facilitates an internet-based group for members.

3.63 Counselling services are available on a variety of bases throughout Scotland. A number of services in the public and voluntary sector, as well as individuals in the private sector, reported providing counselling support on a range of issues. Some of these services are restricted, for example, to groups such as children, survivors of sexual abuse or rape victims. Others are available to any victim, assuming that there is a demonstrated need and priority. A very small number reported providing telephone counselling. Some services (for example, a number of Women's Aid groups) identified that they can provide basic counselling, but would require to refer clients on to other services where needs dictate this.

3.64 All of the health services which responded provide some element of emotional and psychological support, generally through more formal forms of psychological and psychiatric support. This is often provided via counselling and mental health services. Voluntary sector services may, in some cases, offer mental health services as a specific option. It appears more likely, however, that support of this kind is delivered through a case worker. Some respondents (e.g. The Scottish Association for Mental Health) identified that they provide support in dealing with issues such as anxiety, and other coping skills.

3.65 There is a wide variation in the availability of these services throughout Scotland. While NHS services may nominally be available in each area, services may be delivered from central locations which, particularly in rural areas, may require substantial journeys. The availability of private sector counselling services varies widely. Although the largest number identified by this research were in Edinburgh and Glasgow, there were also counsellors identified in a number of rural areas. Examples included Highland, Scottish Borders and Aberdeenshire, but this falls considerably short of national coverage. As with other services, victims living in cities and large towns in the central belt may be able to access counselling services relatively easily in terms of distance, although a number reported waiting lists. For victims in rural areas, availability is very patchy.

Empowerment, restorative justice and advocacy

3.66 Alongside the development of direct support, there have been a number of developments to victim 'empowerment'. This is perhaps one of the fastest growing areas of provision affecting victims, with developments across a range of jurisdictions, including Scotland to some extent. Empowerment was identified specifically by a number of largely voluntary organisations as a strand of support for victims (and sometimes witnesses). Examples of such work include various forms of victim/offender dialogue (e.g. reconciliation programmes, mediation and various forms of conferencing); reparation and restitution (e.g. financial and other forms); victim statements; and advocacy.

Restorative justice

3.67 There are many examples in the literature of the growing focus upon restorative justice. Such approaches are underpinned by the assumption that the victim has been harmed by the offender (e.g. Messmer & Otto, 1992; Zehr, 2002) and that this can be addressed through such provision. The review of services suggested that there is an increasing number of mediation services available in Scotland, usually through local authority antisocial behaviour teams, or contracts let to voluntary sector providers (although these are not yet generally available in all areas). SACRO is undertaking work through its Youth Justice service with victims of crimes by young people. It is also working with some adults, generally involving diversion from prosecution for relatively minor crimes. Some new work post-sentencing is being done in relation to more serious crimes, and this is currently developing.

Victim statements

3.68 There was a pilot victim statement project in Scotland for two years from November 2003, which involved the introduction of written victim statements in some courts (Ayr, Edinburgh and Kilmarnock). The pilot has now concluded and an announcement will be made in due course about future work in this area. There are also arrangements in place for victims of some crimes to make representations to the Parole Board on concerns about an offender's release.

Compensation

3.69 A state-funded compensation scheme is provided through the Criminal Injuries Compensation Authority. A court may also order an offender to pay compensation as part of a sentence. A Bill expected to go before the Scottish Parliament in early 2006 will give Procurators Fiscal new powers to impose compensation orders of up to £5000, without cases going through court.

Advocacy

3.70 At a Scotland-wide level, there is no overall 'Victim Advocate', 'Ombudsman' or 'Commissioner for Victims'. In relation to individual service users, some services have provided advocacy for some time. The review of services found a relatively small number of services providing this however, and in some cases it was restricted to a single issue. Access to such services is therefore extremely variable and reliant on a service being available in a victim's local area. Some specialist organisations (e.g. Victim Support Scotland, Women's Aid, Rape Crisis, law centres, restorative justice services, anti-social behaviour teams and those working with particular groups) were found to have an advocacy and/or campaigning role. This was also the case for some specific projects and self-help groups. A small number of organisations in the review of services also identified that they provide assertiveness and other similar training.

3.71 Advocacy work often also encompasses a process of supporting victims specifically to enable them to participate more fully in the criminal justice process, or speaking on their behalf with other organisations. The ASSIST service in Glasgow, for example, works with victims of domestic abuse (supporting the partners of those going through the pilot domestic abuse court) to co-ordinate provision and to raise issues representing victims in the appropriate arenas. The development of advocacy also involves raising issues affecting victims in a policy setting. Victim Support Scotland, for example, represents the interests of victims to government and others. Women's Aid and Rape Crisis, as well as organisations such as the Scottish Campaign Against Irresponsible Driving ( SCID) and Families of Murdered Children ( FOMC) perform similar roles in relation to their service users.

3.72 In some cases, the review of services found organisations to be undertaking representational work, as well as accompanying clients to meetings and appointments. For example, a family support project indicated that it would accompany clients on visits (such as to the Procurator Fiscal). A number of services also identified that they could accompany victims to, for example, precognitions, or (away from the legal process) to appointments relating to benefits or housing provision. This form of support is provided by Victim Support, Women's Aid and other specialist services. Victim Support Scotland, for example, undertakes negotiations with housing providers to effect repairs or housing transfers. It can also be involved in negotiations relating to benefits and can assist with claims to the Criminal Injuries Compensation Authority.

Other relevant developments

3.73 The literature review identified a small number of other developments relevant to the provision of support to victims and witnesses. There are a number of examples of specialist courts being piloted to tackle specific issues. In Scotland, there is currently a pilot domestic abuse court in Glasgow with, as noted, a dedicated service ( ASSIST) for victims. Other forms of specialist courts (both drug and youth courts), which are less directly involved in the provision of support to victims, have also been piloted in Scotland and a number of other jurisdictions.

3.74 There is a Vulnerable Witness Officer pilot project in Aberdeen and Ayrshire. This involves the employment of staff who will co-ordinate and monitor the provision of services and support to children and adult vulnerable witnesses in criminal (prosecution and defence), civil, children's hearing court proceedings and fatal accident enquiries. It will run initially from October 2005 - October 2007. The pilot aims to explore the provision of consistent, integrated and accountable services to support children and vulnerable adult witnesses through all legal proceedings and to consider how this could be achieved across Scotland. The initiative should also identify a range of other issues such as any additional needs of children and adult vulnerable witnesses, models of joint working, experiences of vulnerable witnesses and the level of demand for support.

3.75 A number of organisations have developed campaigning work, awareness raising or other measures to enable access to the criminal justice process and to relevant forms of support for victims and witnesses. Examples include Women's Aid, Rape Crisis, PETAL and FOMC. Part of the role of these organisations is often to campaign on behalf of victims of crime, encourage reporting and facilitate access to support. There have also been specific awareness raising and media campaigns in Scotland around particular issues (e.g. domestic abuse, violence against public sector workers). There have also been campaigns targeting specific types of crime (e.g. knife carrying, through the Safer Scotland campaign). A police operation was announced in February 2006 to target Edinburgh Airport as part of a UK-wide crackdown on human trafficking, along with a helpline for women who fear they will be forced to work in brothels and massage parlours. Other examples of campaigns include the Scottish Women's Aid 'Listen Louder' and 'It's OK to Talk' campaigns, as well as an awareness campaign on Drug Assisted Sexual Assault.

3.76 Some areas have introduced measures to enable 'remote' or 'third party' reporting of crime, for example, relating to racist incidents in Scotland. A 2002 Scottish Executive report on the European Framework noted that many forces had remote reporting sites for victims of race/hate crime. The Scottish Executive (2004) reported further developments to remote reporting for victims of homophobic, racist crime and crimes against homeless people. A number of services in the review, including police forces and some voluntary organisations, noted that they participate in the remote reporting scheme for various offences. Police forces now offer the opportunity to report minor crime via their websites.

3.77 Specific funding programmes have also been used to tackle particular issues. In Scotland, for example, the Domestic Abuse Service Development Fund, the Refuge Development Fund and the Violence Against Women Fund have provided a range of support to relevant projects. Similarly, the STOP programme in the USA has funded a range of projects with a specific focus on violence against women. Such specific initiative funding has also been made available in Scotland through sources such as Community Safety Partnerships and the Rough Sleepers Initiative.

Cross cutting issues

3.78 A small number of cross cutting issues were found which are relevant to the overall pattern of service provision and availability.

Eligibility criteria

3.79 In most cases service providers operate some form of eligibility criteria, although in some cases (e.g. the Witness Service) it is unlikely that anyone ineligible for support would wish to use the service. Among the ways in which eligibility is defined are

• age (e.g. some services are only available to children);
• gender, ethnic group or sexuality (e.g. Women's Aid services are only available to women and children, and only to male children where they are under 16);
• location (e.g. virtually all services provided or funded by local authorities and NHS Boards are confined to one or more geographical areas);
• status (e.g. with reference to legislation, such as the work of antisocial behaviour investigation teams and homelessness services);
• nature of the crime (e.g. Rape Crisis/Rape and Sexual Assault Centres);
• nature of the offender (e.g. some mediation and reparation services are only available where the offender is a young person);
• membership (e.g. a small number of services, such as student counselling, are only available to members of a single group); and
• nature of risk (e.g. alcohol or drugs issues, or young people at risk of running away).

3.80 In a small number of cases, largely private counselling services, eligibility is effectively defined by ability to pay. Some organisations also indicated that while there are no eligibility criteria per se, a range of conditions must be satisfied (e.g. participation in restorative justice programmes). The majority of service providers make services available to victims and witnesses of non-reported crime, non-current crimes and family members.

Accessibility

3.81 The review of services found relatively few examples of provision having a specific strand geared towards equalities groups. This was more likely amongst specialist providers than others. For many groups, however, the number of services making specific provision to meet their needs was found to be low.

3.82 The literature review found some increasing recognition of the need for provision of information in appropriate formats. The postal strand of the review of services identified that about a third of those who responded overall identified making information available in other formats. The Royal National Institute of the Blind ( RNIB), for example, provides information and advice on the prevention of repeat victimisation specifically geared to the impairments of the victim. This can include the recommendation of appropriate technical solutions.

3.83 A number of other providers also identified that they make specific provision available for disabled people, for example through meeting them in their own home. There is also use of interpreting and translation services, and the Appropriate Adults scheme.

3.84 In a small number of cases (usually very specialist providers), respondents mentioned some form of structured contact with equalities groups, particularly minority ethnic groups and LGBT people. Some police forces identified having specific officers whose responsibilities include liaison with equalities groups (again, largely minority ethnic communities and LGBT people).

Timing of availability

3.85 Overall, about 15% of respondents reported that their service was available only for a limited time. A small number also identified that their service is only available for a limited amount of time each day, and may not be available at the weekend, or after office hours. Other services noted that their primary function is to provide initial information and that they would expect to refer victims or witnesses to other services quickly.

3.86 The most common form of support provided without limit of time is to victims of sexual abuse and rape. In some other cases, the nature of the service itself defines the time limits (e.g. restorative justice services; Witness Service; ASSIST service). A number of anti-social behaviour investigation teams noted that the support component of their work remains in place only for as long as a case remains live. A number of Women's Aid groups indicated that, while their basic service is not time limited, time spent in a refuge may be limited to a defined (or variable) period. A small number of services identified that follow up support is provided, for example, to women who have been re-housed following domestic abuse.

Means of service delivery

Joint working

3.87 The literature review found examples of the development of joint working through the emergence of more co-ordinated provision to victims and the development of other processes and protocols. Some jurisdictions have developed 'one stop shops' (e.g. Blomberg et al, 2002; Campbell & Ahrens, 1998; Home Office, 2004b). Although not specifically for victims of crime, the Sandyford Initiative in Glasgow brings a variety of health services together in one building under one ethos, and provides a range of sexual health and support services in a 'one stop shop'.

3.88 There has also been increasing work to develop other inter-agency working practices and protocols, detailing responsibilities and attempting to avoid gaps or duplication in provision. The Scottish Executive (2004), highlighted a number of examples of partnership working and improved arrangements such as service level agreements ( SLAs), information exchanges and protocols. Around 40% of organisations in the postal strand of the review of services had information sharing protocols in place; around a third reported joint working procedures and around a fifth identified joint assessment procedures. As might be expected, statutory agencies were found to be more likely to have information sharing protocols and joint working procedures in place. A number of voluntary organisations also noted having procedures relating to client confidentiality and data protection. These included policies on situations in which information could be shared without consent.

3.89 All of the police forces, NHS Boards, Education Services and Social Work Departments, as well as the Crown Office and Scottish Court Service, noted having protocols in place. These were usually with other statutory bodies, but in some cases were with specialist voluntary organisations. Some specialist voluntary organisations, for example, Victim Support, the Sandyford Initiative, Families of Murdered Children, and SACRO as well as some (although by no means all) Women's Aid groups, noted having protocols in place. These were most commonly with the police and with Victim Support itself. Victim Support Scotland noted that referral protocols with the police allow around 90,000 victims each year to access Victim Support services. Similarly, it was noted that the Witness Service receives around 6000 referrals of children and other vulnerable witnesses from COPFS each year. This number will increase as the implementation of the Vulnerable Witnesses (Scotland) Act 2004 proceeds. The ASSIST service identified 6 separate protocols in place with Strathclyde Police, the Procurator Fiscal, the Reporter, the Social Work service, Victim Support and Women's Aid.

3.90 Some respondents made reference to national and local multi-agency protocols. These included the protocol managing the sharing of information on sex offenders which covers the management of release and resettlement procedures, as well as victim notification. They also included antisocial behaviour information-sharing protocols covering a number of agencies in local areas. A number of specialist organisations, including Women's Aid, Rape and Sexual Assault Centres and some housing services noted having in place written referral procedures, which are shared with other organisations.

3.91 There are also examples of organisations coming together to plan (if not to deliver) support to victims. Clark & Moody (2002) noted the development of multi-agency groups in Scotland, bringing services together to tackle some types of crime. There are partnerships across the country, for example, to consider racist crimes and domestic abuse. There are also Community Safety Partnerships in all areas. One interviewee in the review of services also highlighted the development of local Community Justice Authorities in this context.

Training and awareness

3.92 There is a strong focus in the literature on the need for an appropriate approach and respect for victims and witnesses. This was reiterated by interviewees in the review of services. Some literature identifies the development of understanding through the use of good practice material and training. There is a good deal of evidence of the development of guidance for responding to victims generally, and to particular groups ²⁵. A child protection unit was opened in Glasgow in early 2006, providing a 24-hour medical advice line for health staff and other professionals to try to ensure that they are aware of child protection issues and know what to do if they encounter a child at risk.

3.93 The Scottish Executive has published National Standards for Victims of Crime (2005) identifying what victims and families should expect from the criminal justice system. A range of guidance and information has also been produced relating to, for example, the Vulnerable Witnesses Act, and other specific issues such as child protection.

3.94 A number of service providers in the review of services noted that they had trained, or were about to offer training to, staff on issues relevant to victims and witnesses. In Scotland, all police undertake training on issues for victims as part of their basic training. This continues throughout their careers, with specialist training for some. Other criminal justice staff also undergo training (e.g. court staff) and all Victim Support volunteers undertake training. Specialist organisations are also involved in particular forms of training for staff and volunteers, as are some projects and other services. A National Training Strategy has been developed relating to domestic abuse. The Scottish Executive (2004c) also reported the development of a 'Mental Health First Aid' training programme.

3.95 This section has set out information relating to the needs of victims and witnesses, and the extent and nature of provision to meet these needs. The next section will consider gaps and barriers.

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