Victims of Crime information leaflet

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If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system.

Support after crime

What should I do if I am a victim of crime?

If you have been a victim of crime, the first thing you should do is to report the crime to the police.

Crime can affect everyone differently - you might feel distressed, hurt, and angry and either you or someone you care deeply about may have been injured and you may be anxious and worried. These feelings are all quite normal and you should not be afraid to talk about them. This leaflet is to let you know about where you can go for help and support, and also to help you understand what will happen next in the investigation of the crime.

The police, the Procurator Fiscal, the courts, social work departments and the prison service may all become involved in your case. All these agencies care about you but each has a different job to do. Importantly too, you can get help, advice and support from voluntary organisations like Victim Support Scotland.

Reporting a crime and getting some help

Reporting a crime

If you have been a victim of crime, or affected by crime you should contact the police. Tell them exactly what has happened and do not leave anything out. The more you tell them the more help you will be giving them to solve the crime.

Getting some help

Unless you tell them that you do not want them to, the police will pass your details to Victim Support. Victim Support can help in a number of ways. They will offer a listening ear if you want to talk about the crime, they can offer help with insurance claims, advice about going to court, or being a witness and can help with any questions you might have about what happens next. Victims of violent crime may also be entitled to compensation, provided that the crime has been reported to the police. Quite often these victims are not sure about how to make a claim and Victim Support can help with this too.

You may also be able to get some help from your solicitor, or from a social worker, if you have one.

Victim Support will get in touch with you direct. This may be by visiting you soon after they are told about the case, or by telephoning or sending a letter first. If you decide at any time that you do not want them to get in touch, or you no longer want their help and support just let them know. It is your decision about whether to keep in touch with them.

There are also other agencies in Scotland which can offer help and support. This includes groups like Rape Crisis and Women's Aid, and there are often other local groups who can offer support and assistance. Victim Support can also give you advice about who to go to for specialist help. You do not have to wait for Victim Support to contact you, you can contact them on their helpline 0845 60 39 213 or 0845 30 30 900, or, alternatively, you will find their nearest office listed in your phone book.

Getting information about your case and what will happen next

Once you have reported a crime the police should give you a crime number, which is the reference number for your case. You may need to quote it on an insurance claim or if you want to speak to the police later about your case, so keep it safe.

If you want to know anything about how your case is progressing contact your police station (you will be told which one to get in touch with after you have reported the crime). If the police have prepared a report on your case for the Procurator Fiscal, you can contact the Fiscal's office for information about your case. If the offender is under 16 years old, the police will report the case to the Children's Reporter for that area.

In addition, the Crown Office and the Procurator Fiscal Service is also setting up Victim Liaison Offices which will be based in each region of the Procurator Fiscal's service by Spring 2002. They will be able to inform you about how your case is progressing, provide practical and emotional support, and give you information about the Scottish criminal justice system.

If you have never been to court before you may want to find out more about what will happen. Many courts in Scotland now have a Witness Service which is managed by Victim Support and which will provide help and support for all witnesses. The volunteers who run it are trained to answer questions of a general nature about what happens at court, they can arrange pre-trial visits to the court and will sit with you while you wait to give evidence.

If you do have to go to court, the Court Service will also look after you. You will normally wait in a witness room before you give evidence and a court officer will let you know what is happening. The court officer will also let you know what cases are being heard and in which room. They will also try and let you know about any delays or changes.

The next section of this leaflet explains the main stages in the criminal justice process which might involve you and also tells you about who you may come into contact with.

Reporting and investigating a crime

The police

Investigate the crime, collect the evidence and if there is enough evidence, will send a report to the Procurator Fiscal. Tell the police everything you can think of, including any worries or concerns you may have, especially crime prevention concerns.

If someone is arrested for the crime, the police may keep him or her in custody until the next court day. When they appear in court they are usually given bail, unless the Procurator Fiscal can argue that there are good reasons why the person should not be given bail. If they are given bail they will be told not to interfere with you, or any other witnesses in any way. Sometimes other conditions will be given to their bail. If the person does approach you or bother you, you must tell the police-straight away.

The Procurator Fiscal

The Procurator Fiscal is the public official responsible for prosecuting crimes. He or she will look at the evidence and decide whether to prosecute. He or she will consider which out of a number of options is appropriate. The options include mediation and reparation, and social work diversion where such schemes exist, fixed penalties, warning letters, and proceedings in court on a summary complaint, or on petition in advance of proceedings on indictment. The Procurator Fiscal can also take no proceedings in a case.

The Fiscal might also want to investigate the case further before deciding about prosecution and may want to interview you, or other people before making a final decision.

The Defence

If someone is accused of a crime, they will usually get a lawyer to help them. This lawyer will act on their behalf in connection with the court proceedings. The defence lawyer might also want to interview you. This will be before a case goes to court, but after someone has been charged.

Precognition

This is just a legal word which means that someone on behalf of the Procurator Fiscal or the defence lawyer might want to interview you about the crime and about the evidence you will give. The interview with you is called a "precognition" interview. It may be possible to be accompanied when you are interviewed by the defence and any defence interview can be arranged for a time and a place of your choosing.

Preparing for, and going to, court

Waiting for your case

Getting a case ready for court can take some time. This is because it is important for everyone that the case has been properly prepared and that all the information is accurate. You can get information from the Fiscal about how your case is progressing.

Citation

If you are going to give evidence in court you will be sent a letter from the Procurator Fiscal letting you know when you should come to court to give evidence. This letter, which is called a citation, tells you the date to go to court, which court to go to and what time you should be there. It is important to follow the instructions in this letter. The letter also tells you about time off work and claiming expenses. If the trial cannot go ahead on the expected date, the citation is cancelled, and you will be sent another citation for another court date.

Types of court

There are different kinds of court used for crimes of different types. A District Court will usually be quite local to where the crime was committed and usually will just involve a trial judge, but no jury. There are also Sheriff Courts and the High Court.

Sheriff Courts have summary and solemn criminal proceedings and the High Court hears solemn proceedings only. Summary proceedings are where the trial judge sits alone and decides on whether the accused is guilty or not after all the evidence has been presented. In solemn proceedings, although there is a judge, it is a jury who decides whether the accused is guilty or not.

The outcome of a case

If a person is found not guilty, or the case is not proven then the accused is free to go, and cannot be prosecuted again on that charge.

If someone is found guilty the Judge will decide on the most appropriate sentence having regard to a wide range of options, including an absolute discharge, an admonition, a fine, probation, imprisonment, or compensation, where the law allows it.

Appeals

The right to appeal against their sentence or conviction is subject to the granting of leave to appeal by the High Court. If given, then the offender can challenge either the verdict of guilty and/or the sentence. If a convicted person is in custody, occasionally, the High Court may agree that they can be released from custody on bail until the appeal is decided.

The Victim Notification Scheme

Under the Victim Notification Scheme, victims of offenders who have been given a prison sentence of 4 years or more for a violent or sexual offence, can ask to be told about when that person is going to be released from custody. You should contact the prison service for more information about this Scheme, and you can opt out of this scheme at any time.

Complaints Procedure

If you are not satisfied with the service you have received from any of the agencies involved in the criminal justice system, or any other organisation mentioned in this leaflet, it is important that you tell them. Every agency has its own complaints procedure, and if you have experienced difficulties they will try and resolve them. Please write direct to the agency or organisation concerned.