NOT PROTECTIVELY MARKED FORCE PROCEDURES. Victim Personal Statement Scheme

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1 FORCE PROCEDURES Victim Personal Statement Scheme Procedure Reference Number: Procedure Author: DS Chris Davies, Administration of Justice Procedure Review Date: January 2011 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date (Author(s)) V VPSS - Published NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Background Stage One Victim Personal Statement Scheme Stage Two Victim Personal Statement Scheme Victim Personal Statement Scheme Procedure for Road Traffic Collision Files Victim Personal Statement Scheme and Video Evidence in Chief Implications of the Procedure Internal Procedure Links Appendices...9 Appendix A - Inter-Agency Protocol...9 Appendix B - MG Appendix C - MG11b (Victim Personal Statement)...9 Appendix D - MG Procedure Aim Appeals Review...11 V VPSS - Published NOT PROTECTIVELY MARKED 2

3 1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The Administration of Justice Unit is responsible for the procedure and for its future development. 1.2 The File Management Units and Witness Care Units on each Area are responsible for administering the scheme and monitoring compliance with the procedure. 1.3 Following the recording of an evidential statement the police officer taking the statement will explain the merits of the scheme to the victim and offer them the opportunity to provide a Victim Personal Statement. 1.4 The nominated Witness Care Officer is the single point of contact for all the witnesses in a particular case. 2. Guidance 2.1 Background Click Here to Return to Index The Victims Charter 1996, which governs the introduction and implementation of the Victim Personal Statement Scheme, placed certain legal obligations upon the police service, with regard to witness care considerations prior to any criminal proceedings One of the key standards of the Victims Charter published in 1996 detailed the intention of the Government to give victims of crime a greater voice within the Criminal Justice System. The Victim Personal Statement Scheme was part of a range of measures intended to improve the position of victims and to enable them, if they wish, to have a higher level of involvement in the criminal justice process. It was introduced in The purpose of the Victim Personal Statement is to provide a means by which a victim may make known their legitimate interests. The scheme gives victims the chance to tell criminal justice agencies and services dealing with their case how the crimes have affected them, and to provide those agencies with a ready source of information with regard to the wider issues surrounding the particular crime A victim is a discernible individual rather than a large company or business, however it can include proprietors of small independent businesses. A victim can only be considered under the scheme where the prosecuting authority is the Crown Prosecution Service. Relatives and partners of victims or parents and carers of child victims with regard to offences of homicide and serious sexual or physical assault can also be included within the scheme In addition victims of road traffic collisions involving serious personal injury or death and offences under sections 1, 2, 3, 3A, 4, 5, or 7 of the Road Traffic Act 1988 are eligible to provide evidence as victims. This legislation also applies to any persons who are parents, partners or carers of such victims. Serious injury is defined as detention in hospital where treatment is provided for fractures, concussion, internal V VPSS - Published NOT PROTECTIVELY MARKED 3

4 injuries, crushing, severe cuts and lacerations, or severe shock that requires medical treatment A victim s eligibility is not rigid and will be on occasions decided upon through subjective consideration taking into account all known factors The Government has been the main driving force behind this scheme and it formed part of their initiative to implement recommendations contained within the Victims Charter This scheme also plays a significant part in the full implementation of the Youth Justice and Criminal Evidence Act 1999 that aims to improve witness care and support. The introduction of that legislation was 1st April This procedure deals with the implementation of the Victim Personal Statement Scheme and as such may engage the following Articles of the Human Rights Act 1998: Article 8 : Right to Respect for Private and Family Life Article 9 : Freedom of Thought Conscience and Religion Consideration has been given to the compatibility of this scheme and particular attention has been given to the legal basis of its precepts, the legitimacy of its aims and the justification and proportionality of the intended actions. Care has been exercised when writing this procedure, to ensure that whenever there is a potential to infringe on a person s human rights, the action taken is the least intrusive and damaging option necessary to achieve the aims The scheme is an optional two stage process that allows the individual victim, as defined by government guidelines, the opportunity to make an initial statement to the Police with regard to any personal issues that have affected them as a result of the crime committed against them. Any statement provided will form part of the normal case papers and can be subject of cross-examination at court. A further update or initial statement can also be provided, by the victim, at a later stage in the case progression, should it be deemed appropriate The CPS will review statements submitted under the scheme and present the facts as stated by the victim to the relevant court, for due consideration prior to sentence, or when the court considers issues of bail. This procedure is formalised in an agreed protocol between all partner agencies (see Appendix A) The scheme requires the use of three specific forms, which will ensure that the Constabulary meets its requirements under the scheme. MG11 - This form allows for the effective monitoring of the scheme and to take account of other witness issues. It contains a series of questions to be asked of the witness, including, in the case of an eligible victim, whether the scheme has been explained to them. There is also a declaration for the victim to sign. This initial needs assessment is supplemented by a separate witness information sheet which details the scheme and other related legal issues (see Appendix B). Victim Personal Statement Scheme MG11b- This is a form designed to enhance the compilation and quality of victim statements and ensure all relevant points are considered (see Appendix C). MG9 - This form incorporates a tick box section to identify whether an individual is a victim or witness to assist administrative processing by the File Management Unit or Witness Care Unit personnel (see Appendix D). V VPSS - Published NOT PROTECTIVELY MARKED 4

5 The scheme is administrated by Area File Management Units and Witness Care Units who utilise Atlas and the Witness Management System to provide electronic administration facilities. 2.2 Stage One Victim Personal Statement Scheme The Police are responsible for completing this part of the procedure. Following the recording of an evidential statement the police officer taking the statement will explain the merits of the scheme to the victim and offer them the opportunity to provide a Victim Personal Statement The victim will indicate on the rear of their evidential statement whether they wish to provide a Victim Personal Statement by signing the appropriate section (MG11 attached Appendix B) The witness in all cases will be handed the information sheet, which provides a description of the scheme and a contact telephone number for the officer completing the statement. (This information section being removable from the MG11 Appendix B) All Victim Personal Statements will be submitted by the officer recording the statement with all other relevant case papers using current file preparation guidelines. The statement will be submitted to the Area File Management Unit who will quality control the file content and submit to the CPS The CPS will review the quality and validity of any Victim Personal Statement provided. Any further action will be communicated to the File Management Unit and/or the Witness Care Unit The Witness Care Unit will enter the details of all victims and witnesses onto the Witness Management System. This will facilitate effective administration and provide the necessary information required for performance monitoring All further resource tasking will be in the form of an Atlas task / via the Area File Management Unit who will communicate any tasks through Atlas or to the mailbox of the supervisor of the officer/police staff member involved Page Two of the Victim Personal Statement contains a series of declarations relative to future victim care considerations that must be acted upon positively by the recording officer where appropriate. 2.3 Stage Two Victim Personal Statement Scheme The CPS will be responsible for initiating Stage Two of the process during the case progression process. Any tasking request will be via Atlas / to the corresponding File Management Unit or Witness Care Unit In the case of an adjournment for trial, the CPS will contact the Witness Care Unit using the form for the List of Witnesses to Attend Court and accompanying documentation. The MG9 (Appendix D) will identify any victims to the Witness Care Unit who will in turn notify them of their requirement to attend court by post. The nominated Witness Care Officer will also make contact by the preferred means of V VPSS - Published NOT PROTECTIVELY MARKED 5

6 contact, usually the telephone, and complete a detailed needs assessment with the victim, which will include a reminder of the scheme and the question as to whether the victim has made a Victim Personal Statement, and if not, whether they would like to The nominated Witness Care Officer is the single point of contact for all the witnesses in a particular case. This allows victims to make contact and indicate their future wishes with regard to the scheme If a victim wishes to provide an initial or updated statement at this stage, a police officer/police staff member will be tasked by the File Management Unit to visit the victim in order to take this statement. This will be quality controlled by the File Management Unit and time constrained by the Court date. Atlas will be automatically updated when tasking for the scheme takes place by the Witness Care Unit or File Management Unit departments. The Witness Care Unit will also monitor submissions All Stage Two statements will be submitted to File Management Unit with an MG20 within the target return date All personal and processing information will be stored on Atlas and administrated by the File Management Unit in line with the principles of the Data Protection Act Any further statements obtained under the scheme will be taken as per the procedure with regard to the recording of an initial Victim Personal Statement. 2.4 Victim Personal Statement Scheme Procedure for Road Traffic Collision Files This refers to the procedure with regard to Victim Personal Statements and further introduces uniform procedures when dealing with Road Traffic Collisions that necessitate the completion of evidential statements When a Police officer attends the scene of a Road Traffic Collision (RTC) or is making enquiries into the cause of an RTC where there is serious injury to a third party which will include any persons travelling in the offender s vehicle and a prosecution is likely, a Stage One Victim Personal Statement Scheme offer will be made by that officer to any potential victim where it is deemed appropriate to obtain a statement of evidence In cases where an MG11 is obtained then existing force policy and procedures will be adhered to with regard to completion of the appropriate section on the rear In instances where a statement is requested from the victim in the form of a self completion questionnaire (WAS form), then a Stage One Victim Personal Statement Scheme offer should be made at the same time Any file submitted will have a Form 88 placed on the front which will be used by Traffic Management for further processing, this form will record any victims eligible for entry into the Victim Personal Statement Scheme The relevant file will then be forwarded to Vehicle Collision Records Section for routine administration. V VPSS - Published NOT PROTECTIVELY MARKED 6

7 2.4.7 Where a decision is taken to prosecute the offending driver, Traffic Management will forward the file to the relevant Area File Management Unit for registration and recording of any victim/witnesses in line with existing policy and procedures. This will usually be in the form of a summons file which will be registered on the individual Area Criminal Justice Unit summons database The Witness Care Unit will obtain victim and witness details from the prosecution file and/or CPS file as summons files are not yet built on Atlas All further tasking with regard to Stage Two remains unchanged to the current procedure. 2.5 Victim Personal Statement Scheme and Video Evidence in Chief The procedure is as follows: STAGE ONE 1. When a victim is to provide evidence regarding an incident(s) on a video, the interviewer(s) will, as is current practice, need to plan and prepare their interview. This procedure will need to incorporate the aspects of the Victim Personal Statement Scheme. This will include whether the victim is eligible, able to understand the scheme and whether it is appropriate to cover the merits of it during that particular interview. It is very important that the Scheme is not discussed with the interviewee prior to any interview. It will also be important to check who will be the appropriate adult, if one is required, attending the interview and whether they have parental responsibility where the victim is a child. As Stage One of the Victim Personal Statement Scheme, if applicable, will be covered during the interview, it will be necessary for a person with parental responsibilities to consent to a child victim opting into or out of the Scheme. 2. If the planning and preparation process has brought about the decision to obtain video evidence-in-chief and to offer the victim the opportunity to enter the Victim Personal Statement Scheme at Stage One, then the two can be obtained at the same time. If a victim is to provide their evidence on video they can also provide a Stage One Victim Personal Statement on that video. 3. The process used to obtain video evidence-in-chief from a witness has not been changed as a result of the Victim Personal Statement Scheme. The Victim Personal Statement Scheme is not intended to inhibit or change the way in which an interviewer obtains that evidence. It is not until the evidence gathering procedure has been completed that the aspects of the Victim Personal Statement Scheme are to be covered. The interviewer(s) will leave the tape running and explain clearly that the evidence gathering stage has been completed. Any relevant appropriate adult (who must have parental responsibilities if the witness is a child) will be invited to enter the interview suite, alongside the interviewee, where the lead interviewer will explain the Victim Personal Statement Scheme to them. It is at this stage that the interviewee (and any relevant appropriate adult) will make a decision whether to enter into the Scheme (Stage One). (This process will only be applicable to those victims who have been identified during the planning process as eligible to enter the scheme). V VPSS - Published NOT PROTECTIVELY MARKED 7

8 To obtain a Victim Personal Statement at this stage the lead interviewer will ask any attendant appropriate adult to leave the suite and then cover the applicable aspects of the scheme with the victim. At the conclusion of the Victim Personal Statement the interview will be closed and the recordings sealed and retained in line with current policy and procedure for video evidence-in-chief. Should the victim or appropriate adult decline to enter the scheme, the interview will be concluded at that time in the same manner as detailed above. 4. The procedure following the interview is unchanged regardless of whether the witness has entered the scheme or not. The tapes will be stored in line with current policy and procedure. 5. This will not inhibit the circumstances where a next of kin or parent, etc. may provide a Victim Personal Statement as detailed in the policy covering the Victim Personal Statement Scheme. STAGE TWO 1. Stage Two of the Victim Personal Statement Scheme for a victim who has provided their evidence in a written format will be managed, in line with the current Victim Personal Statement Scheme policy, in the same way as any other victim. If, however, the victim has provided video evidence-in-chief, the aspects of Stage Two will be governed by the advice provided by the Crown Prosecution Service. In most circumstances, where a Victim Personal Statement has not been completed at the time of the video interview, it should be taken by way of written statement, not video interview, irrespective of whether the victim gave their evidence in chief via video recorded interview. 2. In the unusual circumstances where a Stage Two Victim Personal Statement Scheme offer is to be made on video to any victim, the lead interviewer will explain the merits of the scheme, whilst the tapes are recording, to the victim and any attendant appropriate adult, if required. They in turn will decide to opt into or out of Stage Two. If the decision is to opt out, the interview will be concluded and the tapes secured as detailed for Stage One above. This will normally be unused, non-sensitive material. If the decision is to opt into the scheme, it will be covered in the same manner as detailed for Stage One above. The Victim Personal Statement Scheme is intended to cover the effects of the incident(s), not the evidence surrounding it and as such Stage Two is not to be used to gather more evidence regarding the crime(s). 2.6 Implications of the Procedure This procedure will enhance the performance and quality associated with the investigation of criminal cases affecting an identifiable victim. The administration processes will promote the most efficient and effective use of resources This procedure has training implications for individuals tasked with obtaining evidence under this legislation. Training is the responsibility of each Area. V VPSS - Published NOT PROTECTIVELY MARKED 8

9 2.7 Internal Procedure Links NOT PROTECTIVELY MARKED This procedure is partly linked to the current procedure relating to the disclosure of information, following a crime, to the Victim Support Scheme. (Personal data regarding the victim of a crime and the circumstances surrounding the crime) The Head of HQ Administration of Justice will monitor the effectiveness with regard to this legislation through administration by the Witness Care Units. 2.8 Appendices Appendix A - Inter-Agency Protocol VPSS Protocol Appendix B - MG11 MG11 Detachable Portion of MG11 Appendix C - MG11b (Victim Personal Statement) MG11b VPS Appendix D - MG9 MG9 Click Here to Return to Index 3. Procedure Aim 3.1 The aim of this procedure is: To remind Cheshire Constabulary staff of the process, enhanced procedural guidance and forms involved with the Victim Personal Statement Scheme and how to record the evidence of the effects of a particular crime on the victim. 3.2 To provide a framework of guidance for dealing with a Victim Personal Statement at Stage One and Stage Two prior to case disposal at either Magistrates or Crown Court and enhance current working relationships between Police, Crown Prosecution Service (CPS), Magistrates /Crown Courts, Probation Service and other partner agencies. V VPSS - Published NOT PROTECTIVELY MARKED 9

10 To facilitate effective case management in cases where statements have been provided by victims of crime To ensure consistent and professional service delivery to victims of crime by all partner agencies To provide detailed accurate evidence to both Magistrates and Crown Court concerning the practical effects of a particular crime upon a victim. To give victims the opportunity to tell Criminal Justice agencies and the relevant court dealing with their case, how the crime has affected them i.e. physically, emotionally, psychologically, financially or any other impact factor. To provide criminal justice agencies with a ready source of information on how the particular crime has affected the victim and to supplement other sources of evidence relative to the case. To ensure victims understand that the procedure is entirely optional and inform them that no adverse inference will be drawn from their decision not to enter the scheme. 3.3 The Principles and Scope of the Procedure The Statement of Common Purpose and Values of Policing; The principles of ECHR namely; legality, legitimacy, proportionality, necessity and accountability and adherence to the best practice principles laid down in the Victims Charter 1996, the Victims Code of Practice 2006 and the Witness Charter This procedure specifically reinforces the following: The steps, which must be taken, in order that the requirements of the Victim Personal Statement Scheme are met That an officer will explain and offer the Victim Personal Statement Scheme to identified victims of crime That an officer will obtain a Victim Personal Statement where appropriate That an officer will identify a victim within a prosecution file of evidence on an MG9 form Area File Management Units will register a file of evidence, in accordance with existing policy and procedures, on the Criminal Justice Unit Quality Monitoring Database. It will also be registered on Atlas Files of evidence, together with any subsequent Victim Personal Statement, will be submitted in accordance with current file preparation guidelines When notified that a trial is to take place by the CPS, the corresponding Witness Care Unit will contact eligible victims via their preferred means of contact, regarding Stage Two of the Victim Personal Statement Scheme If the victim wishes to take up Stage Two of the Victim Personal Statement Scheme, the Witness Care Unit will contact the relevant File Management Unit who will ensure that an officer personally contacts that victim and fully explains the Victim Personal Statement Scheme process and, where required, that officer will V VPSS - Published NOT PROTECTIVELY MARKED 10

11 obtain a Stage Two Victim Personal Statement. Tasking will be completed via Atlas or Lotus Notes Any requests for a Stage Two Victim Personal Statement made by the CPS will be processed as per When tasked with the completion of Stage Two of the Victim Personal Statement Scheme an officer will make personal contact with the identified victim. That officer will explain the Victim Personal Statement Scheme process and/or where necessary, obtain a Stage Two Victim Personal Statement Any subsequently obtained Victim Personal Statement will be forwarded to the corresponding File Management Unit together with an MG20. The receiving File Management Unit will quality assure the Victim Personal Statement and forward it to the CPS in accordance with existing policy. 4. Appeals Click Here to Return to Index 4.1 There is no appeals process for this scheme. It is at the discretion of the Crown Prosecution Service and HM Courts Service whether a Victim Personal Statement is read out in court. A victim may make a complaint if they feel they have not been given the opportunity to take part in the Victim Personal Statement Scheme, however, this will be treated in the same way as any complaint to the Police from a member of the public. 5. Review Click Here to Return to Index 5.1 The Head of HQ Administration of Justice will review this procedure in January It will be reviewed through liaison with Divisional File Management Units, Witness Care Units, Victim Support Service and the dip sampling of submitted/processed prosecution files. Click Here to Return to Index V VPSS - Published NOT PROTECTIVELY MARKED 11