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4. VICTIM SUPPORT
Introduction
4.1 This section covers the public authorities in this portfolio that between them have strategic roles in delivering access to justice in Scotland. These authorities include the Joint Police Boards and Forces, the Fire and Rescue Boards and Services, The Law Society for Scotland, Scottish Legal Aid Board ( SLAB) and the Criminal Injuries Compensation Authority.
4.2 A number of Scottish Government agencies are also covered including the Scottish Court Service, Scottish Prison Service, and the Accountant in Bankruptcy as well as the Crown Office and Procurator Fiscal Service.
4.3 These bodies have responsibilities not only in relation to victim support but also to access to justice, hate crime, and community safety.
Background: wider policy context and evidence
Wider policy context
4.4 Victim support in Scotland is primarily provided by the voluntary sector. Victim Support Scotland is the key organisation funded by the Scottish Government to provide this service. Victim Support Scotland provides practical advice, emotional support and assistance to victims of crime. Victim Support Scotland also provides a Witness Service in courts to support people giving evidence.
4.5 Some police forces have special officers to support victims such as family liaison officers to work with families of murder victims or victims of other serious crimes such as rape or sexual assault, or a domestic violence liaison officer to work with people experiencing domestic abuse.
4.6 The Crown Office and Procurator Fiscal Service ( COPFS) also operates a service to support victims. The Victim Information and Advice Service (V.I.A.) can provide information about the criminal justice process in general and keep victims and their families informed of the progress of a case. This service is available in relation to a number of crimes including domestic abuse and racially or religiously aggravated crimes, although not yet in relation to disability aggravated crimes. It publishes service usage statistics, however these do not specifically detail usage by disabled people, although they do detail the number of vulnerable victims and witnesses using the service, which could include disabled people (7% in 2005/6 and 6% in 2006/7).
4.7 In 2001 the Scottish Executive published its Scottish Strategy for Victims. The aims of the strategy are to provide information, emotional and practical support to victims and to ensure greater participation of victims in the criminal justice process. It states:
" 1.9 It is the underlying premise of this Strategy that all victims should be treated fairly and that consideration is given to their interests irrespective of their race, ethnic origin, age, gender, religious beliefs, sexual orientation or any disability." (Scottish Executive, 2001:7)
4.8 It also highlights that people can be particularly vulnerable to crime or the effects of it due to certain personal characteristics such as a sensory or mobility impairment or mental health issue (para 3.1.8, p10).
4.9 The strategy also indicates that it is important that victims understand the process and this may include providing sign language or other interpreters. (para 3.1.12 p11) and that " 3.2.6 Information for victims should be appropriate to their needs and in a form which is accessible. Leaflets will be available in large print and audio cassette versions, as well as translated into community languages…. In developing this material, the views of victims will be sought regarding their information needs." (Scottish Executive, 2001:12)
4.10 The strategy also provides a number of general measures which will indirectly promote progress towards disability equality by making it easier to report crime and provision of support for victims of crime, for example, in relation to domestic abuse. However, there are no actions detailed relating to disabled people. It is notable that the Scottish Strategy for Victims Progress Report (Scottish Executive, 2003) considers other equality groups but not disabled people in relation to being victims of crime, for example, it recommends the introduction of:
"alternative crime reporting facilities to police forces, to help improve the reporting of homophobic crime, racist crime or domestic abuse."
4.11 However, progress can be seen in the 2005 Review of the Scottish Strategy for Victims (Scottish Executive, 2005d), which highlighted the need for assistance for victims in relation to disability, for example, assistance with access and the need to tailor services to an individual's particular needs. The report also highlights the fact that disabled people may also be vulnerable people.
4.12 There are a number of other measures which indirectly support disabled people who are victims of crime, for example the victim notification scheme, and the pilot of victim statements under s14 of the Criminal Justice (Scotland) Act 2003.
4.13 The Scottish Parliament passed the Vulnerable Witnesses (Scotland) Act 2004 to give protection to vulnerable witnesses. The definition of vulnerable witness is that the witness is under 16 years of age (a child), or that there is a
" significant risk that the quality of the evidence to be given by the person will be diminished by reason of-
(i) mental disorder (within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)), or
(ii) fear or distress in connection with giving evidence at the trial."
4.14 Where the Act does apply, it makes provision for special measures to be used to enable the vulnerable witness to give evidence, for example the use of screens, giving evidence by live TV link or the use of a supporter.
Research and statistical evidence
4.15 There is some data in relation to this focus area. The Citizenship Survey 2005 across GB states that:
" 53% of disabled people fear being a victim of crime compared to 43% of non disabled people.
46% of disabled people fear being physically attacked by strangers compared to 36% of non disabled people.
34% of disabled people fear being insulted or pestered in public compared to 28% of non disabled people."
4.16 However, the Scottish Crime and Victimisation Survey 2006 makes no reference to disability, despite acknowledging the unequal risk of crime in relation to gender and age.
4.17 The Provision of Support to Victims and Witnesses in Scotland Report (Reid Howie Associates 2006) notes that experiences of crime may differ for disabled people. They also note that victims of crime may experience physical effects of the crime including " injuries; other physical symptoms; disability; and HIV infection." and that those with existing impairments may experience particular effects of the impairment. (Reid Howie Associates 2006:13 and 2006:16) This report notes:
" 3.81 The review of services found relatively few examples of provision having a specific strand geared towards equalities groups. … For many groups, however, the number of services making specific provision to meet their needs was found to be low."
4.18 Whilst this comment pertains to generic equality groups, the report goes on to state:
"3.82 The literature review found some increasing recognition of the need for provision of information in appropriate formats….
3.83 A number of other providers also identified that they make specific provision available for disabled people, for example through meeting them in their own home. There is also use of interpreting and translation services, and the Appropriate Adults scheme."
4.19 The report also noted;
" 4.22 Some service providers in the review of services, and not only those working in these areas, noted the lack of specific provision for some groups. These included, for example, disabled people (with mental and physical impairments and learning disabilities)…"
Reporting on progress towards equality of opportunity
Introduction
4.20 The policy sections above highlight the limited evidence relating to disabled people as victims, and in particular in relation to their experiences of the justice system.
4.21 The next sections draw from the schemes, action plans and annual reports of public authorities listed in 4.1 and 4.2 aims to identify areas of progress as well as areas still requiring attention. In addition, it draws from the Scottish Government's own scheme, particularly the work of the Justice Directorate which covers the focus areas in this part of the report.
Areas where progress is evident
4.22 Progress was found to be evident in relation to:
- Monitoring and reporting crime
- Communications
- Support for victims and witnesses
Monitoring and reporting crime
4.23 There was some evidence in the disability equality schemes relating to this area, for example, a number of police forces monitor crimes against disabled people and some used this information to feedback to partners to enable allocation of resources. Some police forces had also extended their reporting to cover witnesses and suspects as well as victims thus enabling them to report to other justice agencies relevant information about the person's needs. Others reported plans to develop such monitoring, whilst a number also have third party reporting systems or remote reporting provision, for example, via web kiosks.
4.24 The Scottish Government is including a section on findings in relation to equalities issues in the next Scottish Crime and Victimisation Survey which will increase the amount of baseline data available on this issue.
Communications
4.25 A number of police forces reported having disability liaison officers, or similar posts, to work with communities to provide reassurance and identify crimes against them including hate crime. One particular police force used community intelligence to direct locations of beat patrols with the aim of ensuring high visibility policing to reinforce feelings of safety particularly in relation to vulnerable communities.
4.26 One police force had carried out a "Fear of Crime" survey with disabled people in 2007 but had received a low response which they stated meant that no meaningful issues were identified. They did not, however, state the reasons for the lack of response or further actions on this issue.
Support for victims and witnesses
4.27 The Scottish Parliament passed the Vulnerable Witnesses (Scotland) Act 2004 and the Scottish Government is implementing this legislation.
4.28 The Scottish Government is continuing to provide financial support for Victim Support Scotland.
4.29 The Crown Office and Procurator Fiscal Service disability equality scheme notes:
"Witnesses with a disability are not identified as vulnerable by virtue of their disability alone, but should be referred to VIA in relation to their need for special arrangements."
4.30 The Crown Office and Procurator Fiscal Service have identified the need to extend the definition of vulnerable people to include disabled people and is currently examining how best to achieve this. This will support the delivery of the Victim Information and Advice Service to disabled people. They have also agreed a protocol with the Victim Support Scotland to provide pre-trial court familiarisation visits.
4.31 The Crown Office and Procurator Fiscal Service also currently have a project on " Meeting the Needs of Victims and Witnesses" which includes issues relating to disability equality. As noted in the access to justice section above the Crown Office and Procurator Fiscal Service is also investigating methods of monitoring cases involving disabled people to ensure that case marking processes do not discriminate against them and is working with ACPOS to develop processes through which the needs of disabled witnesses can be effectively communicated between justice agencies.
Areas where progress is less evident
4.32 The following are areas where progress has been less evident:
Availability of data
4.33 As noted in the policy sections, the Scottish Crime and Victimisation Survey does not currently provide data in relation to disability, however, as noted in the progress section, it is the Scottish Government's intention to include such data in the next survey. This will be helpful in providing public authorities with more evidence to inform their actions.
4.34 Recording and monitoring crime against disabled people, will help to get a picture of disabled people as victims of crime and to support dealing with this as appropriate. This could be linked with any third party or remote reporting systems to enable ease of access to crime reporting for disabled people. As noted above, progress in relation to these systems is so far not universal across Scotland, although work is in progress to develop this at a national level via the Crown Office and Procurator Fiscal Service and ACPOS.
Summary and conclusion
4.35 The lack of baseline evidence relating to victims and to witnesses who are disabled people is a key issue. This, however, should be addressed to some extent in the near future through the actions of the Scottish Government to include equalities data in the Scottish Crime and Victimisation Survey as described in the progress section above.
4.36 Victim support for disabled people may also develop over the forthcoming years based on demand created in particular by the developments in disability hate crime law described in the hate crime section. It is possible that this will create opportunities to consider the wider implications of victim support for disabled people and further progress in this area can be expected.
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