To Victims and Confidence Unit
Home Office

From Zoe Stow
Victims Advisory Panel
And
RoadPeace
PO BOX 2579
London
NW10 3PW

23 November 2004

Dear Sirs

Increasing Victims and Witnesses satisfaction with the Criminal Justice System Consultation on Toolkit 4

I have commented on the VPSS to the Attorney General, Solicitor General, Victims

Advisory Panel on a number of occasions as being a worthy concept but potentially causing additional problems for victims without giving them any real say in the outcome of proceedings or guarantee that their views will be listened to. The pilots were never properly evaluated so that lessons could be learnt or improvements made. The low take up rate shows very clearly that my misgivings are shared by police and other professionals involved as well as victims. In the short time allocated to us for response, I would like to make the following brief points :

1.Those who do not take up the offer of VPS are deprived of an opportunity to record their wishes on a number of practical issues eg whether they wish to be advised of court hearings etc, to claim compensation, to be referred to help agencies. All of these issues should be dealt with by a Police check list so that all victims have this opportunity. If this was done, the statements would not need to be taken so early, which would be beneficial in a number of ways (paragraph 3 below).

EU DIRECTIVES make it clear that all victims must receive information, not only those who elect to make such a statement. Victims rights must not be restricted to those who wish to make a VPSS .

Nor is this practical information appropriate to be given to the defence, as evidence ; it is not evidence and none of their business.

2.Victims should have access to legal advice in making such a statement, particularly victims of violence or the bereaved or injured, as they are in a highly vulnerable state and may disclose information or say things that they later regret or no longer agree with. No defendant is permitted to be interviewed in such a manner without legal advice. Matters disclosed by victims will be shared with the defence team and the offender, and could even result in information being given to them, which would increase the likelihood of and assist repeat victimisation.

3. The statements are taken too early and then amended. The earlier statement is retained as evidence. This has a number of consequences; evidence could be contradicted in a later statement, casting doubt on the victim';s evidence and causing distress to them. Injured victims are encouraged to speak about the effect of their experience and the effect on them at an early stage, when they may not know what it is likely to be. Some may be head injured or receiving treatment, which may render them highly vulnerable and suggestible.

The proper time to take such a statement is as close as possible to sentencing.

4.Page 6
The police need statements to obtain convictions and meet targets and thus have an interest, they cannot be a VPS Champion in the sense of an objective champion for victims.

Summary

It is important that victims have the opportunity to express their opinion but they must be given independent legal advice before doing so and the VPS should be taken as close as possible to sentencing and not at the time of making a witness statement.

The practical matters and victims rights also covered in VPSS must be delivered in a police check list and not in the VPSS. It is discriminatory and a breach of victims rights, if those who do not wish to make a statement are deprived of their rights as victims.

Yours sincerely

Zoe Stow