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Provision of Support to Victims and Witnesses of Crime in Scotland

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SECTION 5: CONCLUSIONS AND IMPLICATIONS

5.1 One of the issues which has emerged throughout this research is the consistency in the findings emerging from the literature review and the review of services. This enables some conclusions and implications to be drawn from the data.

Conclusions

5.2 The provision of support to victims and witnesses is a complex issue. This is due, in part, to the wide variety of types of potential victims and witnesses who might become service users, the individual needs of different victims and witnesses, and the particular issues faced by victims and witnesses in some groups.

The needs of victims and witnesses

5.3 This leads to a wide range of needs in the broad areas of information, practical support, emotional and psychological support, and empowerment. Many victims' help-seeking experiences are episodic in nature and they may seek support at different times. There is a very significant number of victims of crime who seek no assistance at all from existing services. Some victims (e.g. from equalities groups and victims of particular crimes) have particular needs as a result of their circumstances or experiences. Services are needed at different stages and for different purposes, with an overall need for a continuum of appropriate, accessible and timely provision.

5.4 The types of support which can be provided are quite extensive, and can take a wide variety of forms. A range of service providers (statutory, voluntary and private) is involved in meeting the needs of victims and witnesses. These include specialist services to victims and witnesses, specialist services to particular groups, and other statutory, voluntary and private sector providers. This adds further complexity to the process, not only in terms of the number of potential services, but also in the inter-relationships between the agencies involved in providing services, as well as in their varying approaches to, for example, issues such as eligibility and joint working.

Perceptions of effective provision

5.5 The research suggested that the following can be effective (for some victims and witnesses), and can constitute important components of the response to victims and witnesses:

  • An appropriate context and structure including the development of appropriate legislation, policy and working structures to promote the rights of victims and witnesses.
  • A mix of service provision, all of which can be effective and have an impact on victims and witnesses. This includes specialist services to victims and witnesses, other forms of specialist services to address specific needs and a range of other providers with their own roles in responding to particular issues and referring service users to other support.
  • A mix of forms of support at different stages, including
  • information about other services, individual cases and the criminal justice system;
  • practical support, protection and safety, including prevention of repeat victimisation, preparation for court and special measures;
  • emotional and psychological support (including longer term);
  • measures to promote empowerment (including, for some, restorative justice and advocacy); and
  • other initiatives such as specialist courts, community justice etc. (when their effectiveness is demonstrated).
  • These different forms of support, however, will not all be appropriate for all victims and witnesses, and need to be tailored to individual needs and circumstances.
  • Appropriate means of service provision, including joint and co-ordinated working; appropriate attitudes and approaches amongst service providers (such as ensuring that victims and witnesses are heard, believed and treated with respect); the provision of general and specialist staff and volunteer training; and accessible and timely services.

The availability of provision in Scotland

5.6 In terms of the availability of these forms of provision in Scotland, all of the main forms of support which are seen to be required are provided to some extent. Specialist victim and witness support services provide information, practical and emotional support, and some forms of empowerment. 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.

5.7 A number of specialist services and initiatives provide support to particular groups of victims and witnesses, or those with particular issues. This involves a range of types of support, although, overall, only a relatively small amount of specialist support organisations exist in Scotland. 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 or to those experiencing particular crimes; these are more patchy in coverage. Specialist units have developed within police services and there is growing use of multi-agency groups for specific issues, with relevant partnerships operating in virtually all areas. The largest range of specialist services is in Glasgow and Edinburgh, as well as Dundee and Aberdeen. Provision in more rural and island areas is very patchy.

5.8 A wide range of other statutory, voluntary and private sector services also have a role in provision. These include the police, Crown Office and Procurator Fiscal Service, Scottish Court Service, Scottish Children's Reporter Administration, Scottish Prison Service, health, housing, education, social work, legal services, other financial and advice services, and those providing support with other issues. There are core statutory services (and some voluntary services, such as Citizens Advice Bureaux) in all areas. As with specialist services, however, some forms of provision are more patchy.

5.9 There have been many developments to the provision of information to victims and witnesses. Basic overview and signposting information is available, as well as information for specific groups. Information about the progress of a case and attendance at court is available from a variety of sources. Most information is still delivered in traditional ways (i.e. face to face and written) and most services will refer to other organisations. There are many leaflets available, although the display of these is limited. There is considerable information available on the Internet, although there are variations in the nature and operation of the sites.

5.10 A number of services provide practical, personal safety and security advice, particularly in the immediate aftermath of a crime. Many service providers would be able to assist in securing practical assistance; some organisations identified securing property or providing refuge and other temporary accommodation. The Witness Service across the High Court and Sheriff Courts provides court preparation schemes and support with going to court. There is also a range of support available to vulnerable witnesses in court, and the review of services noted the wide range of provisions in place, or being made available, for vulnerable witnesses. The SCS believes that, with notice and flexibility, each Sheriff Court, and the High Court, can provide the supporting measures required at present. SCS and individual District Courts make a range of support available, including separate accommodation for defence and prosecution witnesses, and SCS is committed to adapting all courts to improve facilities to meet the needs of victims and witnesses. There are also provisions for protection of victims and witnesses, and various other forms of practical, legal and other support are available. Most services in the review provide support with making applications for their own services, although fewer provide support with making applications for other services.

5.11 Considerable work is undertaken to provide emotional and psychological support to victims of crime. This can include one to one discussions and counselling, group and self-help support, telephone support, accompaniment to appointments and court, and formal psychological and psychiatric interventions. The provision of emotional support often forms part of the work of specialist services, other projects and self-help groups. Many organisations in the review of services identified providing general emotional support, in the form of listening, or simply spending time with a victim. Some services can accompany clients to court and a small number of services provide befriending support and facilitate peer support. Counselling services are available on a variety of bases throughout Scotland although some services are restricted to particular groups. Statutory, voluntary and private health-related organisations can also be involved in providing more formal psychological and psychiatric support.

5.12 There has been a growth in victim empowerment work such as restorative justice and advocacy, and there is some evidence of this type of work developing in Scotland (although some of this is at a relatively early stage). There is, for example, an increasing number of mediation services, and a pilot victim statement project has taken place from November 2003. A state-funded compensation scheme is also provided and courts may order payment of compensation.

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

5.14 A small number of other developments relevant to the provision of support to victims and witnesses were identified, including

  • specialist courts;
  • campaigning and awareness raising;
  • measures to enable remote or third party reporting; and
  • the use of specific funding programmes.
  • There is also currently a Vulnerable Witness Officer pilot project.

5.15 There have been developments to joint working, and increasing work to develop inter-agency working practices and protocols detailing responsibilities and attempting to avoid gaps or duplication in provision. 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. There are also examples of organisations coming together to plan (if not necessarily to deliver) support to victims, with a range of partnerships in most areas.

5.16 There is a lot of evidence of guidance for responding to victims generally, and to particular groups. The Scottish Executive published National Standards for Victims of Crime (2005). There is also a range of more specific guidance and information available. There have also been developments to training on particular issues (e.g. domestic abuse and mental health).

Gaps in provision and information

5.17 There remain some gaps in support to victims in witnesses including

  • gaps and barriers in the criminal justice system;
  • gaps in availability of provision;
  • gaps in forms of support;
  • cross cutting constraints to services; and
  • gaps in knowledge and information.

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

5.19 In terms of availability of provision, there are gaps in specialist provision to victims and witnesses of crime, with issues relating to the ability of Victim Support and the Witness Service to meet the level of demand. There are specific gaps for people who do not report crimes and whose cases are not taken forward, gaps in the coverage of some services, and gaps in provision to defence witnesses and some witnesses who are not themselves victims.

5.20 There are also gaps in the provision of other specialist services, with variation by offence type and evidence of unmet need. Some of the gaps relate to addressing the specific needs of the groups identified in Section 1, with almost all of these groups identified (along with others who face particular issues but may have problems accessing services). Gaps in provision to those experiencing particular crimes were also highlighted. A range of gaps in 'other' services were also noted, including difficulties in dealing with victims with multiple needs, shortages of housing, issues with police and health responses, lack of provision to meet the needs of those who experience antisocial behaviour, gaps in addressing financial needs, gaps in education service provision to children, lack of specific staff and lack of recognition of roles and involvement.

5.21 In terms of gaps in forms of support, there are also some perceived continuing gaps in information. These include gaps in information about other sources of support, case progress and the criminal justice system overall. The nature and dissemination of information may also be problematic.

5.22 There are also still some perceived gaps in support to repeat victims, in preparation for court and support on the day of trial. There are also concerns about variation in provision of special measures in court, as well as availability and practical constraints. There remain concerns about the court environment and perceived limitations to the protection of victims and witnesses.

5.23 Gaps have also been identified in the provision and receipt of emotional and psychological support. Particular concerns have been highlighted about access to counselling and mental health services, as well as concerns about long waiting lists and difficulties in finding therapists and counsellors who are knowledgeable about the issues. Access to some forms of emotional and psychological support is constrained by all of the factors highlighted earlier in terms of service availability.

5.24 There are gaps in the availability of restorative justice measures, issues relating to a lack of staff and resources and concerns about the actual level of participation. The focus of much of this work has tended to be on young offenders and their victims. There are also problems with court-ordered compensation, gaps in access to criminal injuries compensation, problems with procedures, issues with level of provision, and perceptions that the system is unsympathetic to victims' needs.

5.25 Gaps in provision of services also impact on the availability of advocacy. It has also been suggested that it can be difficult for victims and witnesses to highlight problems and complaints. A small number of issues have also been highlighted with other forms of provision.

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

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

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

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

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

Implications

5.29 The findings of this report, drawing on both the literature review and the service review findings, have a number of implications for the future which are outlined briefly below. As with other aspects of this work, it is impossible to detail all of the issues arising for all of the separate areas explored, nor to reiterate all of the recommendations made in the wide range of reports which were examined. Some of the general implications, however, are highlighted.

The overall context and structure

5.30 It is suggested that there is a continuing need to develop the overall context and structure for provision, through, for example

  • legislation, central and local policy initiatives to address needs, within an overall framework which should continue to focus clearly on the needs of victims;
  • clarity in the implementation of existing legislation and policy;
  • proofing of new legislation and policy in terms of the impact on victims and witnesses;
  • improvements to the criminal justice system overall, based on enabling the increased involvement of victims and witnesses in the process and addressing the issues raised (such as speed, involvement, methods, etc.);
  • consideration of particular aspects of the law and the ways in which the criminal justice system and process respond to particular crimes and victims;
  • review of the impact and implementation of initiatives;
  • review of provision at a local level, as well as ensuring that this is re-focused in the light of any evidence of changing demand or unmet need; and
  • continuing multi-agency working at a national and local level.

Services

5.31 It is also important to ensure that services meet the diverse needs of victims and witnesses appropriately through, for example, the following:

  • Planned, consistent and co-ordinated delivery of services in local areas (with, for example, the potential for development of local victim and witness support plans), and a clear statement of resources required.
  • Provision of a mix of different forms of accessible and flexible support at all stages, to offer a choice and to meet the needs of victims and witnesses (both generally and those facing particular issues), based upon understanding of these needs.
  • Ensuring a basic level of service availability and a consistent standard of service which can be expected in all areas for all victims and witnesses who require support.
  • Provision of co-ordinated and consistent responses which can be delivered as quickly as possible, with services working together to meet the needs of victims and witnesses.
  • Additional services, and the development of existing services, to address some of the gaps which have been identified, including gaps in availability of particular forms of support, gaps in services to victims in particular groups, victims of particular types of crime or victims facing specific issues and difficulties in accessing services. This should include consideration of the means of providing services to groups which pose particular difficulties for service providers.
  • Consideration of national initiatives to address gaps in services which may be difficult or impractical at a local level.
  • Resources to meet the level of demand and for services to develop accessible and available provision across the country (in rural and urban areas).
  • Addressing some of the funding difficulties and developing capacity of service providers and organisations to enable them to provide the services required, for the period required, with appropriate staff, volunteers and facilities.
  • Work to address some of the other problems, constraints and barriers which have been highlighted in this report.
  • Mechanisms to share good practice throughout Scotland.

Forms of provision

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

  • provision and review of detailed, accessible and available information (both to victims and to service providers) relating to service provision, the progress of cases, and the nature of the criminal justice process (with a particular focus on groups not currently viewed as a priority);
  • clarification of responsibility for provision at all stages and development of new mechanisms for information provision, if required;
  • identification of appropriate and new means of dissemination of information (including to those without access to the internet) to reach the highest number of those who require it and to address some of the problems highlighted;
  • information which is clear, up to date, and in plain English;
  • consistent, and consistently applied, measures to address repeat victimisation (including, for example, safety planning and risk assessment, security measures and advice);
  • other forms of safety and protection, through, for example, the provision of separate areas for victim and offenders, the continued improvement of court facilities and the continued development of effective forms of protection for victims and witnesses;
  • access to, and awareness of, special measures and support in court for some victims and witnesses and a consistent approach to their provision;
  • consideration of whether the current definition of 'vulnerable witnesses' goes far enough;
  • provision of other practical support, as required;
  • measures to reduce delays in the court process and to remove the need for witnesses to attend court wherever possible;
  • provision of childcare, interpreting support and other facilities;
  • identification of ways of addressing some specific gaps in practical support;
  • provision of additional emotional and psychological support, reduction of waiting times and the development of greater availability of specialist services to provide this;
  • promotion of new initiatives which prove to be effective and the continued development of a 'voice' and empowerment for victims through appropriate means;
  • consideration of the best ways to provide services to victims of antisocial behaviour which is not currently regarded as criminal;
  • improved access to Criminal Injuries Compensation; and
  • development of widespread public awareness of issues for victims of crime.

Means of provision

5.33 There are also a number of implications relating to the means of provision, with a need for

  • a range of integrated and co-ordinated services making seamless provision to victims and witnesses;
  • development of further joint and co-ordinated working, information and communication between all partners in the criminal justice system;
  • clarification of the roles of all of those involved, and promotion of awareness and recognition amongst organisations of their role in provision to victims and witnesses and the roles of other service providers;
  • provision within existing services to recognise and address the needs of victims and witnesses;
  • signposting of victims and witnesses to other services and the development of referral protocols where these would be beneficial;
  • awareness raising for other agencies about specialist provision;
  • improvements to the current data sharing procedures and work to improve the understanding of the Data Protection Act and client confidentiality;
  • improvements to the clarity and consistency of information collection about the services sought, provided and used by victims and witnesses;
  • staff and volunteer training and information in relation to issues and provision for victims and witnesses generally, and for specific groups;
  • staff and volunteer approaches which are consistent with the need for respect and courtesy, recognition of victims' needs and development of sensitive, appropriate and accountable provision;
  • good practice guidance and protocols in relation to responses to victims and witnesses generally and to specific groups (and dissemination of these); and
  • ongoing consultation with victims and witnesses and their continuing involvement in identifying their general and specific needs.

Development of research and other material

5.34 Finally, the material which has been presented suggests that there is a need for the development of further information, with a particular focus on research relating to

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

5.35 It is also important to ensure that evaluation is built in to new initiatives from the start. There is also a need to identify ways of overcoming some of the methodological constraints which impact upon research with victims and witnesses.

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Page updated: Friday, September 15, 2006