Questions
1. Do you have a favoured option for how we could extend eligibility to make a victim statement?
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Option A - expanding eligibility to include the list of serious offences at section 4
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Option B - expanding eligibility to all cases heard under solemn proceedings
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Option C – as per Option B but also including a list of offences which would be eligible for a victim statement, even if they were tried as summary proceedings
Please provide a reason for choosing your favoured option.
Sacro supports expanding the opportunities for victims to provide witness statements. Option C should be considered at a future date, with further research and investigations carried out.
2. To help us decide how to extend the list of current offences for which a victim statement can be made, we need to identify any potential impacts that the changes may have.
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Yes
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No
If yes, please provide further details of any potential implications you envisage.
Sacro provides a range of services that supports victims through the criminal justice system. Changes to the legislation would lead to an increase in the need for resourcing service workers, together with additional training and support.
3. Victim statements must currently be made in writing by the victim. Do you think we should look at piloting new ways for victim statements to be made?
Please select one item
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Yes
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No
Please select all that apply
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Victims reading their statement in court
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Pre-recording the statement on video
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Pre-recording the statement with audio only
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The judge reading the statement aloud to the court
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Other options (provide details)
Why do you think this option / these options would be beneficial to the victim?
Giving victims the option to present their statement in court via a range of formats links to the changing way technology is used in communications and is, Sacro believes, congruent with best practice within equal opportunities.
4. To help us decide whether we should pilot news ways for victim statements to be made, we need to identify any potential impacts that any changes may have.
Please select one item
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Yes
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No
If yes please provide further details of any potential implications you envisage.
Sacro provides a range of services that supports victims through the criminal justice system. Changes to the legislation would lead to an increase in the need for resourcing service workers, together with additional training and support.
5. Are there any other aspects of the current victim statement scheme which you consider could be improved?
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Yes
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No
If yes, please provide further details of what could be improved.
Sacro believes that this is an opportunity for victims to be given a choice to explore the option of restorative justice with a facilitator. This may bring a range of benefits for the victim and is congruent with the Scottish Government’s Action Plan for the introduction of restorative justice across Scotland by 2023.
6. Do you have any views on whether we should consider amending the definition of who is eligible to make a victim statement (as set out in section 14 of the 2003 Act), to help ensure all relevant victims are able to make a statement if they wish?
Do you have any views on whether we should consider amending the definition of who is eligible to make a victim statement (as set out in section 14 of the 2003 Act), to help ensure all relevant victims are able to make a statement if they wish?
This is a complex area and would require further investigation and consultation.
7. Are there any data protection related issues that you feel could arise from the proposals set out in this paper?
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Yes
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No
8. Are there any equality related issues that you feel could arise from the proposals set out in this paper?
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Yes
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No
If yes please provide further details.
Victims who are vulnerable adults or have complex needs will require to be recognised through the provision of appropriate support, when making a statement that will be presented to the judicial system; this may include advocacy.
About you
What is your name?
Name
Tom Halpin
Are you responding as an individual or an organisation?
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(Required)
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Individual
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Organisation
What is your organisation?
Organisation
Sacro