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ANNEX 2: LETTER SENT TO VICTIMS POST JULY 2004
COPFS Letterhead
Name
Address
Dear [ name of victim]
PF v [ name of accused]
VICTIM STATEMENT SCHEME
I am writing to tell you about the victim statement scheme, and your right to take part in it.
The Criminal Justice (Scotland) Act 2003 introduced a new right for the victims of crime to make a statement telling the court about the impact the crime has had on them. The scheme is being piloted by the Scottish Executive in this area, in relation to certain crimes.
I enclose a victim statement form, and a guidance booklet called "Making a Victim Statement - Guidance for Victims". The guidance booklet helps explain why you are considered eligible to make a statement and help you decide if you want to complete the victim statement form.
I WANT TO MAKE A VICTIM STATEMENT
If you choose to complete the form there is information contained in the guidance booklet that will assist you or you can contact [Name], Ayrshire Victim Support, on [telephone number] or one of the other support organisations listed at the back of the guidance booklet. You should:
(1) Complete and return the reply slip attached to this letter in the pre-paid envelope immediately.
- Fill in your personal details where indicated on the reply form;
- Mark an "X" indicating that you wish to make a victim statement; and
- Consider whether you wish to mark an "X" to say that you do not want to be contacted by a research team evaluating the pilot schemes.
(2) Complete and return the victim statement form in the pre-paid envelope as soon as possible, but no later than [date]
I DO NOT WANT TO MAKE A VICTIM STATEMENT
If you do not want to make a victim statement you should:
(1) Complete and return the reply slip attached to this letter in the pre-paid envelope immediately.
- Fill in your personal details where indicated on the reply form;
- Mark an "X" indicating that you do not wish to make a victim statement; and
- Consider whether you wish to mark an "X" to say that you do not want to be contacted by a research team evaluating the pilot schemes.
All reply slips and victim statement forms must be returned to the Procurator Fiscal Office in the enclosed pre paid envelopes. We will ensure that your completed victim statement is given to the court if there is a conviction or a guilty plea.
However, you should be aware that in High Court cases, your statement will only be given to the court, if the accused is found or pleads guilty in the High Court at Edinburgh or Kilmarnock. This is because the scheme only applies in specific pilot courts. If the case is heard elsewhere, the prosecutor will tell the court about the impact of the crime on you as described in your statement, where appropriate.
Please note, we cannot provide advice about whether you should complete the statement or advise you on what information should be included in the statement.
EVALUATION OF THE PILOT SCHEME
The Victim Statement pilot schemes will run for 2 years and will be evaluated by a team of independent researchers. The Researchers will report their findings back to the Scottish Executive, and then a decision will be made about applying the scheme throughout Scotland. The researchers may wish to interview you even if you have chosen not to make a statement. Any information that you give to the researchers will be confidential and there will be nothing in their report to the Scottish Executive that would allow you to be identified. If you do not wish to be contacted by them you should indicate this on the reply slip, as well as on the victim statement form if you choose to complete it.
Yours sincerely
[ Name]
[ Position/Designation]
Encs: [ Reply Slip
Victim Statement Form
Guidance Booklet
2 pre-paid envelopes
Translation form]
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