Response 377084591

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Chapter One: A Victims' Commissioner for Scotland

1. To what extent do you agree or disagree that the Victims’ Commissioner should be independent of the Scottish Government?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
The commissioner should be independent of the Scottish Government so that they are representing the victim and act as the victims voice. The victim will feel more confident if they are not part of the Government or paid by them. As you know, it feels like the government bodies at times are above the law when you are a victim. It's all very frightening when you know people won't jeopardise their job by telling the truth when it puts officials in bad light when mistakes are made. Victims need to feel respected and heard and if they have someone independent of government/police present at any meetings (e.g. SCR) you will feel more in control and confident that you are getting the full facts and transparency. Victims shouldn't have to fight to get answers or the truth and change. Having a commissioner who is independent to support solely the victim and who is objective would make the process fair and make a huge difference to the victim.

2. To what extent do you agree or disagree that the Victims’ Commissioner should be a statutory role?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
This role would have to be statutory as the victim will feel confident that the person who has this role is representing them. This commissioner having legal rights to attend important discussions at meetings (e.g. SCR), liaise with Police Scotland and other bodies gives confidence to the victim. The legal obligation to the victim to carry out duty of candour so there is transparency gives the victim support and confidence in gaining the truth.

3. To what extent do you agree or disagree that the Victims' Commissioner should be accountable to the Scottish Parliament?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
Not sure about accountability to the Scottish Parliament. I feel the main purpose of the commissioner should be to support and represent the victims voice. The perpetrator has a lawyer but the victim has no one to legal represent them solely. They should not be influenced by parliament. If anything, the commissioner should have a legal right to inform parliament so that real change can be made in the justice system. This would make it feel more fair for victims.

4. How do you think the Victims' Commissioner should be held accountable? Please select all that apply.

Please select all that apply
a) annual year report
b) multi-year strategic plan to be published and laid in the Scottish Parliament
c) other - please provide details in the box below
Please give reasons for your answer
By being able to legally represent victims voices and give honest answers of findings to parliament to make real change. We hear so many times, the platitude statement of 'cannot comment on specific cases'! It's only when real horrible crimes happen that the platitude of 'lessons learned' statement is given out by government, which for me means the government are not admitting the truth and there is a cover up. They should admit when the systems fail and mistakes are made and make public what the lessons learned are so that people can feel confident in the government and that the truth is told.

5. In your view, what should the main functions of the Victims’ Commissioner be? Please select all that apply.

Please select all that apply
a) raising awareness/promotion of victims’ interests and rights
b) monitoring compliance with the Victims’ Code for Scotland, the Standards of Service for Victims and Witnesses and any relevant legislation
c) promoting best practice by the criminal justice agencies and those providing services to victims, including championing a trauma-informed approach
d) undertaking and/or commissioning research, in order to produce reports and make recommendations to the Scottish Government, criminal justice agencies and those providing services to victims
e) other - please provide details in the box below
Please give reasons for your answer
Very happy to see the first ticked box in main function of commissioner victims rights. Respect and right to the truth so there is closure is so important to the victim to heal properly.

6. What do you think should be within the remit of a Victims’ Commissioner for Scotland? Please select all that apply.

Please select all that apply
a) the experience of victims in the criminal justice system
b) the experience of victims in the civil justice system
c) the experience of victims in relation to the Children’s Hearings system
d) the experience of victims resident in Scotland, but where the crime has taken place outwith Scotland
e) other - please provide details in the box below
Please give reasons for your answer
All victims in Scotland legal rights.

7. What powers do you think the Victims’ Commissioner should have? Please select all that apply.

Please select all that apply
a) the power to carry out investigations into systemic issues affecting victims of crime
b) the power to require persons to give evidence in the course of an investigation
c) the power to make recommendations to the Scottish Government, criminal justice agencies and those providing services to victims
d) the power to require persons to respond to any recommendations made to them (by the Victims’ Commissioner)
e) other - please provide details in the box below
Please give reasons for your answer
Independent and have a legal right to represent the victim so that the agencies are not above the law or there is a cover up.

8. To what extent do you agree or disagree that the Victims’ Commissioner should be required to consult with victims on the work to be undertaken by the Commissioner?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
The victim should have a right to ask the commissioner to ask questions to specific agencies and have a legal right to receive an honest answer.

9. How do you think that engagement with victims should take place? Please select all that apply.

Please select all that apply
a) advisory board, including victim representatives
b) victims’ reference group
c) focussed consultations with victims
d) ad hoc engagement with victims
e) other - please provide details in the box below
Please give reasons for your answer
communication of meetings/zoom/telephone regularly is essential to build up a relationship between commissioner and victim.

10. Are there any specific groups of victims who you think the Victims' Commissioner should have a specific duty to engage with? If so, who are they and how should that engagement take place?

Please select one item
Yes - please provide details in the box below
No
Don't know
Please give reasons for your answer
VSS/women's aid/rape crisis etc. If there is robust communication between SPS parole board, Police Scotland and the commissioner then the victim will have more confidence to feel properly supported.

11. To what extent do you agree or disagree that the Victims’ Commissioner should be required to consult with organisations that work with victims, on the work to be undertaken by the Commissioner?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
These organisations are the people who know the victim and family personally.

12. Are there any other relevant bodies or organisations that may have an interest in the work to be undertaken by the Victims' Commissioner?

Please provide details
As previously stated. VSS/Rape Crisis/Womens Aid and all other victim support groups

13. To what extent do you agree or disagree that the Victims’ Commissioner should not have the power to champion or intervene in individual cases?

Please select one item
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Please give reasons for your answer
If the commissioner has no power to help and be the victims voice then what is the point of having a commissioner?

About you

What is your name?

Linda McDonald

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation