Making Justice Work for Victims and Witnesses:

Victims and Witnesses Bill – A Consultation Paper

RESPONDENT INFORMATION FORM

Please Note this form must be returned with your response to ensure that we handle your response appropriately

1. Name/Organisation

Organisation Name

Brake

Title Mr Ms Mrs Miss Dr Please tick as appropriate

Surname

Booth

Forename

Ellen

2. Postal Address

Brake
PO BOX 549
Huddersfield
West Yorkshire
Postcode HD1 2XZ / Phone 01484 550067 / Email

3. Permissions - I am responding as…

Individual / / / Group/Organisation
Please tick as appropriate
(a) / Do you agree to your response being made available to the public (in Scottish Government library and/or on the Scottish Government web site)?
Please tick as appropriate Yes No / (c) / The name and address of your organisation will be made available to the public (in the Scottish Government library and/or on the Scottish Government web site).
(b) / Where confidentiality is not requested, we will make your responses available to the public on the following basis / Are you content for your response to be made available?
Please tick ONE of the following boxes / Please tick as appropriate Yes No
Yes, make my response, name and address all available
or
Yes, make my response available, but not my name and address
or
Yes, make my response and name available, but not my address
(d) / We will share your response internally with other Scottish Government policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for Scottish Government to contact you again in relation to this consultation exercise?
Please tick as appropriate Yes No

Please return the completed respondent information form and questionnaire by Friday 20th July 2012 to: or

Victims and Witness Unit

Scottish Government

Room GW14/15

St. Andrew’s House

Regent Road

Edinburgh

EH1 3DG

You can access the consultation online at http://www.scotland.gov.uk/consultations.


VICTIMS AND WITNESSES BILL - CONSULTATION QUESTIONNAIRE

Please tick and add comments as appropriate

Q1 Do you agree with the principle of having a case-specific information hub for justice in Scotland?

Yes No

Please comment on the reason(s) for your answer.

Victim access to information about their case is vital for bereaved and seriously injured road crash victims and their families. An online portal could therefore be useful to some families.
However, it is vital that bereaved or seriously injured victims of road crashes also have access to speak to appropriate persons to get further questions answered or seek explanation of the information available to them. This is an important part of the support provided through Brake’s helpline for bereaved and injured road crash victims (see further details below).
It should also be noted that some victims will not have access to the internet in a suitably private place, or will not have the skills to access an online portal, so this should not be the sole means for families to access information about their case.
Brake would also stress that it is important for victims to also be able to access general information about how CJS processes work, since these procedures will be unfamiliar, and can be bewildering for many bereaved and injured road crash victims. Brake provides a clear explanation of relevant processes in its packs for bereaved road crash victims, funded by Scottish Government, and knows that this is highly valued by these families. It is therefore important that this information is available and accessible for victims alongside case specific information. Victims of road death and serious injury also often have particular queries about their case, or need written information (case specific or general) explaining to them verbally, so it is recommended that specialist over-the-phone or face-to-face support of this sort is available alongside written information.

Q2 Are there any other types of case-specific information that would be of value to victims and witnesses?

Brake broadly agrees with the types of information identified by the Scottish Government. However, it would also be useful to provide information about the court where the case will be heard including: the lay out, who victims and witnesses can bring, where they can sit in the court room and what support they can expect on the day. It may be useful to provide details of the charges being brought and clear explanation of them. It may also be useful to explain the type of hearing they are attending and the process they can expect on the day. Brake provides relevant information on court processes in its packs for bereaved road crash victims.

Q3 Do you believe a statutory framework is needed to promote information-sharing in the interests of victims and witnesses?

Yes No

Please comment on the reason(s) for your answer.

Brake agrees that creating a framework to ensure sharing of information between statutory bodies will give victims easier access to information. However, Brake would have concerns over a ‘one-stop-shop for victim and witness information, advice and support’ as road crash victims have particular and distinct support and information needs which may not be best served by a generalist service. If this ‘one stop shop’ is created, it is vital it links to specialist sources of information and support, particularly those provided to victims with acute and wide-ranging information and support needs, such as Brake’s support packs for bereaved road crash victims funded by the Scottish Government. In addition, while it is important that victims searching for information relevant to their case should be able to find this easily online, providing online information is not enough on its own, particularly for grievously suffering victims like those bereaved and seriously injured in road crashes. These victims often suffer extreme shock, distress and trauma, so should not be expected to search out appropriate support and information: it should be offered to them in an empathetic and timely manner.
Brake argues that government should increase funding for support services for bereaved and seriously injured crash victims, in line with their profound support needs, to ensure there is a clear pathway of comprehensive, specialist support, including information and guidance, and including a proactive offer of support at the soonest opportunity following the crash. Brake’s support packs for bereaved road crash victims are a good example of this, as Brake works with police forces to ensure the packs are presented to bereaved families on the FLO’s first visit, in an appropriate manner, explaining the information and emotional comfort contained within.
But even given comprehensive and appropriate written information, Brake knows from its extensive experience supporting road crash victims that they often have additional questions, or may need assistance obtaining or interpreting information, especially given their emotional distress. This is a service provided through Brake’s helpline. The helpline offers an over-the-phone explanation of information contained in Brake’s packs, as well as emotional comfort, advocacy and referral to other specialist support services. The advocacy the helpline carries out often includes liaising with officials on victims’ behalf to get answers to their questions and help them overcome problems, barriers or confusion. The provision of online information is likely to be helpful to victims in getting answers to their questions, but does not replace the need for advocacy and guidance services like those provided by Brake’s helpline.

Q4 What protections would need to be built into such a system?

NA

Q5 What information would help victims, witnesses and the public understand different types of sentences better?

It is vital that road crash victims have access to specialist information that is relevant to bereavement or serious injury in a road crash so they are not overwhelmed, confused or upset by information which is not relevant to their case. Clear information on the range of sentences available in prosecutions for road crashes is available through Brake’s support literature for people bereaved in road crashes, funded by the Scottish Government and given by police to all families bereaved through road death in Scotland. Brake knows from victim feedback, and from monitoring the needs of callers to our helpline, that information on sentencing and CJS processes is extremely important to many road crash victims.
Additionally, specialist telephone services, such as Brake’s helpline can help bereaved or seriously injured victims gain further clarification on the range of sentences available, particularly when the victim is struggling to process information (which is very common among those suffering extreme emotional responses) or has specific questions. Currently Brake has only limited funding (received from corporate partners) to operate the helpline in Scotland. Brake would like to be able to expand its capacity to ensure it is available to all who need it, and work towards it being proactively offered to all bereaved and seriously injured Scottish road crash victims. Receiving increased funding for the helpline would help Brake to ensure all bereaved and seriously injured road crash victims can access information, explanation and help understanding sentencing and CJS processes in accordance with their specific needs.

Q6 What is the best way to provide information about sentences to victims. witnesses and the public?

Brake believes that bereaved and seriously injured road crash victims in Scotland should be proactively offered specialist support and information tailored to their needs.
Currently bereaved road crash victims receive information on sentencing through Brake’s literature. While this is invaluable to bereaved families, as demonstrated through victim feedback, Brake knows from its extensive experience supporting road crash victims that they often have additional questions, or may need assistance obtaining or interpreting information, especially given their emotional distress. Brake’s helpline offers an over-the-phone explanation of information contained in Brake’s packs, including information on sentencing. It can also provide help interpreting information they are given about sentencing in their case and guidance through complex processes in the criminal justice system. The advocacy the helpline carries out often includes liaising with officials on victims’ behalf to get answers to their questions and help them overcome problems, barriers or confusion.
While providing bereaved and seriously injured victims with written information is critical, this alone does not completely meet all victims’ need for explanation and guidance. Brake believes all bereaved or seriously injured road crash victims should have this kind of support offered to them.


Q7 Do you agree that bereaved families in road death cases should be

(a) advised when the offender’s driving disqualification is rescinded and their driving licence returned to them? Yes No

(b) given the chance to register any concerns about return of the driving licence Yes No

Please comment on the reason(s) for your answer.

This is an exceptionally sensitive issue for families bereaved in road crashes as it is through the offender’s driving that their loved one was killed. Many find it unacceptable to think the offender will be given the privilege of driving again after killing someone through their driving.
It is therefore important for the family, and their recovery, that their views are listened to and taken into consideration. But it is also important for the credibility of the justice system that the victims’ perspective should be a cornerstone of its work.
Brake agrees that families should be advised, and this should be done in a sensitively and timely way, giving consideration to the potential impact of such news on the victim family. Hearing such news after the event or through a local paper or friend can be very shocking and distressing for victim families, adding to their suffering.
However families should also be able to opt out of being informed, as some families may find this information very distressing and would prefer not to know.

Q8 Do you agree with the proposal to create a duty on relevant public bodies to publish minimum standards of service for victims and witnesses?

Yes No

Please comment on the reason(s) for your answer.

Creating a duty on relevant public bodies to publish minimum standards of service for victims and witnesses is essential. We believe that the right of victims to support and information should ideally be enshrined in law.
These standards should be clearly set out in a document that victims can use to understand their entitlements in terms of support and information. Given the acute distress many victims will be experiencing, it is crucial this document is clear, accessible, empathetic and reassuring, following the same principles that Brake uses to produce its support literature for road crash victims[1]. It must also be easily accessible for victims for it to be a meaningful and useful document in improving the treatment of victims.
This document should set out that victims are to be treated with dignity, respect and empathy. It should be victim-oriented and set out their rights to information and support. It should be clear who the document applies to.
Brake recommends the Scottish Government consults support providers on the draft, particularly those with extensive experience in producing support literature for victims, such as Brake.

Q9 Do you agree that standards should encompass both victims and witnesses?

Yes No

If you have answered “no”, please comment on the reason(s) why.

Q10 Are there any other issues that you think standards should cover?

Comments

Q11 Do you agree that a closed court should be:

(a) requested through a motion at the pre-trial hearing (First Diet, Intermediate Diet or Preliminary Hearing)? Yes No

or

(b) made a special measure (i.e. the subject of a Child Witness Notice or Vulnerable Witness Application)? Yes No

Please comment on the reason(s) for your answer.

Comments

Q12 Please let us have your views on the possible options for piloting improved care and support for victims and witnesses (a dedicated contact point, a co-ordination/liaison/care unit, a support programme for child victims/witnesses, central hub)?

A dedicated contact point: Brake agrees this could be helpful for families bereaved or very seriously injured in road crashes in easily obtaining information and answers to their questions; many families in the aftermath of a road death or serious injury have many questions, and a profound need for information on the case, and sometimes this can be hard for families to obtain easily. It would be important for these points of contact to be properly trained in liaising with these families in an empathetic and appropriate way. (Brake provides training of this kind for police FLOs, which is highly valued by forces, and a crucial part of Brake’s work to ease the suffering of crash victims.) However, Brake would stress that it will still be important for specialist support services to be available to victims, which can provide emotional support and practical information on processes including CJS processes. Having single points of contact for victims with the CJS would probably make Brake’s work through its helpline easier, as this often includes liaising with other agencies or service providers on the victims’ behalf to help them obtain extra information and get questions answered.