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ANNEX 9: SAMPLE DISCUSSION GUIDE FOR INTERVIEWS WITH CRIMINAL JUSTICE PRACTITIONERS164
[Introductions and project information sheet]
What has been their experience of the VS scheme to date? E.g.:
- Have they dealt with any cases where there was a VS?
- Were there any practical or procedural problems with receiving the VS (e.g. statement not available when requested)?
- Has the VS scheme taken up additional court time e.g. has it been necessary to adjourn cases because of the absence of a VS?
- Have there been/do they foresee problems arising because defence solicitors attempt to challenge the information contained in VSs?
To what extent do they think VS are/will be useful to them in making sentencing decisions? Do VSs tend to add anything useful to information they already have from other sources? Have/would they ever refer(ed) to information contained in VS when passing sentence?
Prior to the introduction of the VS scheme, did they ever specifically request information about the impact of a crime on the victim?
In principle, should the impact of the crime on the victim influence sentence? Should victims be permitted to go further and make representations about appropriate sentence?
Do VSs raise issues of fairness to the accused (given that they may contain irrelevant information that is unlikely to be challenged)? [ Another interviewee raised this issue].
Should the statement enter the process at an earlier stage and be filtered through the pf's narration of events ( as another interviewee has suggested) thus opening it up to negotiation?
Do they have any other opinions on the format of the scheme?
- Should the statement be made orally to the court instead of in writing?
- Should the written statement be read to the court?
- Are they happy with the scope of the scheme (in terms of offences covered etc.)?
- Any opinion about the design of the statement form itself? Is it easy to read?
Do they think VSs should be influential at other stages of the decision-making process e.g. bail/custody decisions or the initial decision on whether or not to prosecute?
So … from experience of VSs so far - should they be rolled out across the whole of Scotland?
Did they have preliminary views on the VS scheme which have altered as a result of dealing with VSs in practice?
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