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There has been a substantial growth in focus on the needs of victims and witnesses in recent years. Existing services havedeveloped and new initiatives, services and materials have been introduced. There have also been structural, legislative andpolicy changes. While there is a strong perception that provision has improved, there had been no overview of support;particularly in terms of the 'fit' between the needs of those who require it and the nature of provision, or the identificationof 'gaps'. This research explored the provision of support to victims and witnesses of crime, and involved two maincomponents: an overview of the literature relating to the experiences and perceptions of victims and witnesses in a rangeof relevant jurisdictions; and a review of service provision in Scotland

Main Findings

• Victims' and witnesses' needs are complex, and vary over time. Many have specific needs as a result of their own circumstances (for example, equalities groups) or experiences (for example as victims of specific crimes).
• Many victims and witnesses seek no help from service providers, but for those who do a combination of forms of provision can be effective in addressing needs, including access to a mix of services, timely support at various stages and appropriate provision by service providers.
• All the main forms of services required by victims and witnesses are provided in Scotland to some extent, with core services available in all areas.
• The coverage of specialist services is much more patchy, with victims and witnesses in some areas having access to few specialist services.
• There have been many developments to services in recent years, including improvements in information, practical support (including support in attending court), emotional and psychological support, and empowerment.
• There have been many improvements to the provision available to vulnerable victims and witnesses.
• There is evidence of increasing levels of inter-agency working between public and voluntary sector agencies.
• There still remain gaps however, by geography, in meeting the needs of specific groups and victims of specific types of crime, and within specific services.
• There are gaps in some areas in information provision, practical support, emotional and psychological support, access to restorative justice, compensation, and advocacy.
• Some services face policy, financial and practical constraints.
• There are gaps in current knowledge about the impact of measures, the views of victims and witnesses generally, and the needs of specific groups and victims of specific types of crime.
• There is a need for continuing development across a range of areas, including legislation and policy development, joint working among agencies, all forms of service provision to victims and witnesses, and research into the needs and experiences of victims and witnesses.

Introduction

This research explored the provision of support to victims and witnesses of crime, and involved two main components:

• an overview of the literature relating to the experiences and perceptions of victims and witnesses in a range of relevant jurisdictions; and
• a review of service provision in Scotland.

The Main Findings

Victims and witnesses have a wide range of needs which are complex and varied. Many victims' help-seeking experiences are episodic and they may seek support at different times. A significant number seek no assistance. Some have needs as a result of their specific circumstances or experiences. Services are needed at different stages and for different purposes, with an overall need for appropriate, accessible and timely provision.

A range of service providers (statutory, voluntary and private) is involved in meeting the needs of victims and witnesses.

Effective provision

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

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

Pattern of provision

All of the main forms of support are provided in Scotland to some extent, with specialist services in all local authority areas. Specialist support organisations are, however, relatively few in number and patchy in coverage.

There are specialist units within the police service and multi-agency partnerships operating in virtually all areas. There are core statutory services (and some voluntary services) in all areas.

There have been many developments in the provision of information. Basic overview and signposting information is available, as well as information for specific groups, about the progress of a case and attendance at court.

A number of services provide practical, personal safety and security advice. There is a range of support available to 'vulnerable' witnesses and the Scottish Court Service is committed to adapting all courts to improve facilities. There are also provisions for protection, as well as various other forms of practical, legal and other support.

Many organisations provide general emotional support. Some services can accompany clients to court or provide befriending and peer support. Counselling services are also available and some services (mainly health and voluntary sector) provide formal psychological or psychiatric interventions.

There has been a growth in victim 'empowerment' work. This includes restorative justice, other forms of empowerment and advocacy. A relatively small number of services provide advocacy or representation.

A state-funded compensation scheme is provided and courts may order payment of compensation and community service.

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

There has also been increasing work to develop inter-agency working practices and protocols. There are examples of organisations coming together to plan (if not to deliver) support to victims. Some examples of good practice guidance and training were also evident.

Gaps in provision and information

There remain some gaps in support to victims and witnesses. Within the criminal justice system, these include

• potential gaps in the implementation or interpretation of existing legislation;
• access for some to civil and court protection;
• issues with the perceived position of victims in the court process;
• delays in the process; and
• time limits to investigation and prosecution.

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

• specialist provision, including the ability to meet demand, gaps for people who do not report crimes and whose cases are not taken forward, gaps in coverage of parts of services, in provision to defence witnesses and to those who are not themselves victims;
• other specialist services, with variation by offence type, and evidence of unmet need for some specific groups and victims of particular crimes; and
• other services, including shortages of housing, issues with some police and health responses, responses to antisocial behaviour, provision to meet financial needs, education service provision, lack of specific staff, and lack of recognition of roles and involvement.
• In terms of forms of support, there are some remaining gaps in
• information, including about other sources of support, case progress and the criminal justice system; and problems with the nature and dissemination of information;
• practical support, including support for repeat victims, preparation for court, support on the day of trial, provision of special measures, and protection within the court environment;
• emotional and psychological support, with particular concerns about access to counselling and mental health services;
• availability of restorative justice measures, staffing and resources, and participation;
• court-ordered compensation and access to criminal injuries compensation; and
• advocacy, and a means of highlighting problems and complaints.

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

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

There are also gaps in current knowledge and information about support, including

• 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 / types of crime.

A number of methodological problems were also identified in information-gathering.

Implications of the Findings

There is a continuing need to develop the overall context and structure of provision, through

• development, implementation, 'proofing' and review of legislation, policy and structure;
• improvements to the criminal justice system and responses to particular crimes;
• review of initiatives and provision; and
• national and local multi-agency working.

It is important to have a mix of services through

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

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

• the provision, review and dissemination of detailed, accessible information which is clear, up to date and in plain English;
• clarification of responsibilities;
• the development of further practical support and measures to address repeat victimisation, protection and safety;
• promotion of access to and awareness of special measures;
• measures to reduce delays;
• provision of practical support, childcare, interpreting and other facilities;
• development of additional emotional and psychological support;
• the continued development of a 'voice' for victims;
• consideration of provision to victims of antisocial behaviour;
• further development of access to Criminal Injuries Compensation; and
• the development of widespread public awareness of issues for victims of crime.

There is a need for appropriate means of provision, including

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

There is scope for the development of further research relating to

• victims' and witnesses' experiences and perceptions;
• the impact of various forms of support on a range of measures including participation;
• the needs and experiences of specific groups of victims and witnesses; and
• specialist issues and aspects of support provision.

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

If you wish further copies of this Research Findings or have any enquiries about social research, please contact us at:

Tel: 0131 244 7560
Fax: 0131 244 5393
Email: socialresearch@scotland.gsi.gov.uk
Website: www.scotland.gov.uk/socialresearch

If you wish a copy of " Provision of Support to Victims and Witnesses of Crime in Scotland" the research report which is summarised in this research findings, please send a cheque for £5 made payable to:

Tel: 0131 622 8283 / 0131 622 8258
Fax: 0131 622 8258
Email: business.edinburgh@blackwell.co.uk

This document (and other Research Findings and Reports) and information about social research in the Scottish Executive may be viewed on the Internet at: http://www.scotland.gov.uk/socialresearch

The site carries up-to-date information about social and policy research commissioned and published on behalf of the Scottish Executive. Subjects covered include transport, housing, social inclusion, rural affairs, children and young people, education, social work, community care, local government, civil justice, crime and criminal justice, regeneration, planning and equalities issues. The site also allows access to information about the Scottish Household Survey.

There has been a substantial growth in focus on the needs of victims and witnesses in recent years. Existing services have developed and new initiatives, services and materials have been introduced. There have also been structural, legislative and policy changes. While there is a strong perception that provision has improved, there had been no overview of support; particularly in terms of the 'fit' between the needs of those who require it and the nature of provision, or the identification of 'gaps'. This research explored the provision of support to victims and witnesses of crime, and involved two main components: an overview of the literature relating to the experiences and perceptions of victims and witnesses in a range of relevant jurisdictions; and a review of service provision in Scotland.

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