Response 848495433

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Questions

1. Do you have a favoured option for how we could extend eligibility to make a victim statement?

Please select one item
Option A - expanding eligibility to include the list of serious offences at section 4
Option B - expanding eligibility to all cases heard under solemn proceedings
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.
Option B is the preferred option since it affords a victim the opportunity to make statement in all cases heard under solemn proceedings and includes the benefit that any new offences that come into force in Scotland and are heard under solemn proceedings would automatically carry the right to make a victim statement, without the need to wait for a periodic review and update of the list of prescribed offences.

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.

Please select one item
Yes
No

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
Yes
No
Please select all that apply
Victims reading their statement in court              
Pre-recording the statement on video                 
Pre-recording the statement with audio only      
The judge reading the statement aloud to the court
Other options (provide details)
If other options, please provide details.
The Statement can be read out by an individual appointed by the victim/victims family.
Why do you think this option / these options would be beneficial to the victim?
Reading the Statement out in court by the victim or an individual appointed by the victim/victim’s family allows the victim to have a voice and clearly outline the effect the offender has had on them and their family.

Throughout most legal proceedings the effects of the crime on young people and children is not always recognized or acknowledged.
Allowing young people and children to provide a statement would assist with their physical and mental health and wellbeing.
The opportunity to provide this statement could be by video link

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
Yes
No

5. Are there any other aspects of the current victim statement scheme which you consider could be improved?

Please select one item
Yes
No
All victims of a crime should be entitled to make a Victim Statement.
Making a victim statement can provide victims with the opportunity to voice the impact of the crime and should be taken into consideration in sentencing in the event of a conviction.
However, making the statement can be extremely traumatic and it would be beneficial if they could make the statement to an organisation providing both practical, emotional and holistic support rather than to the police.
The victim statement given to the police can be misinterpreted and feel more like they are being interviewed.

The format of the statement should be kept simple with basic outline points to allow victims to personalize their statement.
Statements should be able to be provided handwritten, typed, by video link or given orally in court by the prosecutor or by the victim or an individual appointed by the victim or the victim’s family

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?

Throughout most legal proceedings the effects of the crime on young people and children is not always recognized or acknowledged.
Allowing young people and children to provide a statement would assist with their physical and mental health and wellbeing.
The opportunity to provide this statement could be by video link or by a secure location within court.
These statements would require to be with the clarification and involvement of from child support agencies regarding age and restrictions

7. Are there any data protection related issues that you feel could arise from the proposals set out in this paper?

Please select one item
Yes
No
If yes please provide further details.
There will be a wide range of data protection issues that could arise from these proposals.
These can only be identified by in depth discussion.
We would be willing to contribute to the proposed Data Protection Impact Assessment and Equality Impact Assessment
This would be particularly benefit to the people we support following the bereavement, trauma, loss and personal crisis they experience as victims of crime

8. Are there any equality related issues that you feel could arise from the proposals set out in this paper?

Please select one item
Yes
No
If yes please provide further details.
There will be a wide range of equality related issues that could arise from these proposals.
These can only be identified by in depth discussion.
We would be willing to contribute to the proposed Data Protection Impact Assessment and Equality Impact Assessment
This would be particularly benefit to the people we support following the bereavement, trauma, loss and personal crisis they experience as victims of crime

About you

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

What is your organisation?

The Manda Centre