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ANNEX 1: LETTER SENT TO VICTIMS PRE JULY 2004
COPFS Letterhead
Name
Address
Dear [ name of victim]
PF v [ name of accused]
I refer to the above case. The victim statement scheme is being piloted by the Scottish Executive in certain areas - namely, Kilmarnock, Ayr and Edinburgh and in relation to certain crimes. When this crime was reported to the police they may have told you that you would be eligible under section 14 of the Criminal Justice (Scotland) Act 2003 to make a victim statement.
This is a statement you can make about how you, or the person on whose behalf you are making the statement, have/has been affected by a crime.
I enclose a victim statement form, and a guidance booklet called "Making a Victim Statement - Guidance for Victims" and two pre-paid envelopes. The guidance booklet will help you to decide if you want to complete the victim statement form, and if you do, will help you to fill the form in. It explains what a victim statement is and what sort of information you should include in it. If you would like to speak to someone about making a statement, there are contact details of support organisations on the back of the guidance booklet. Victim Information and Advice, part of the Procurator Fiscal's Office, issue the forms and guidance booklets to victims who fall within the scheme and will place any completed statement before the court if there is a conviction, but cannot provide advice about what should be put in the statement.
A sheriff or judge can have regard to a victim statement when passing sentence if the accused is/are found guilty or pleads guilty.
If you want to make a victim statement you should:
(1) Complete and return the reply slip attached to this letter in a pre-paid envelope immediately.
- Fill in your personal details where indicated on the reply form;
- tick the box indicating that you wish to make a victim statement; and
- consider whether you wish to tick the box which means that your details will not be passed to a research team evaluating the pilot schemes
AND
(2) Complete the victim statement form enclosed and return it in the other pre-paid envelope as soon as possible, but no later than [ date].
If you do not want to make a victim statement you should:
(1) Complete and return the reply slip attached to this letter in a pre-paid envelope immediately.
- Fill in your personal details where indicated on the reply form;
- tick the box indicating that you do not wish to make a victim statement; and
- consider whether you wish to tick the box which means that your details will not be passed to a research team evaluating the pilot schemes.
The pilot schemes will run for 2 years and will be evaluated by a team of independent researchers, to allow a decision to be made about applying the scheme nationally. The researchers may interview victims of crime or their representatives who have received a victim statement form. Whether you complete a victim statement or not, your details may be passed to the research team unless you indicate that you do not wish this to happen. It is therefore important that you complete and return the reply slip indicating if you do not wish your details passed on.
Yours sincerely
[ Name]
[ Position/Designation]
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