Championing Justice and the Rights of Victims
Victims' Code and Prosecutors' Pledge
The Code of Practice for Victims of Crime (The Victims' Code) came into full effect from April 2006 and sets out the standard of service that victims can expect from the CJS (Criminal Justice System). Operational guidance to support effective delivery of all CPS and Witness Care Unit (WCU) commitments was issued to CPS Areas in preparation for implementation of the Code.
The Prosecutors' Pledge, launched in October 2005, sets out the level of service that victims can expect from prosecutors. The 10 commitments are included in the CPS Public Policy Statement on the Delivery of Services to Victims.
The CPS has established a central unit which will monitor compliance with all commitments to victims and witnesses and will work with all CPS Areas to achieve optimum levels of performance in relation to victim and witness care.
No Witness No Justice
National implementation of NWNJ during 2005 saw the creation of 165 WCUs across England and Wales, providing an enhanced level of service to victims and witnesses in cases where a charge has been brought. Work has continued during 2006-07 to develop the service provided by the units. Final post-implementation review visits to all Areas were completed at the end of September 2006. Each LCJB has been provided with a report of findings and an action plan to assist in improving the delivery of local victim and witness care to meet NWNJ minimum requirements.
WCUs, jointly staffed by police and CPS, have seen witness attendance rates increase from 77% to 84%. The number of trials that did not go ahead as planned because a witness failed to attend has fallen by 13.6% in magistrates' courts and 56.8% in the Crown Court. Witness satisfaction has been monitored during 2006 via the Witness and Victim Experience Survey conducted by the OCJR. Results will be analysed during 2007 to assess the impact of NWNJ.
The Witness Management IT System (WMS), which is used to support WCUs, has been rolled out in 39 Areas. Usage of the system is increasing, and following recommendations made during the post-implementation review process, a further increase in the cases managed via WMS is expected. During 2006-07 the system has been advanced to meet the Victims' Code, Disability and Discrimination Act and includes enhanced features to improve the system for witness care officers.
Case Study
When witness care officer Gareth Evans (Merthyr WCU) was informed by a victim that the thought of going to court had caused him to make an attempt on his own life, he made arrangements for the victim to complete a withdrawal statement. However, he also explained to the victim the level of service that could be provided when he attended court, and urged him to take some time to reconsider.
The victim contacted Gareth to say that after talking it through with his girlfriend, he had decided that he wanted to provide evidence. Gareth arranged for the victim to be met at court and to wait in a separate area to the defendant. The first time the victim arrived at court the case was adjourned. However, more confident, and feeling supported by the witness care process, the victim attended court a second time and gave his evidence.
The jury returned a guilty verdict, and the victim was awarded compensation.
Case Study
Witness care officer Andy Heath (Merseyside WCU) was the single point of contact for the victim of historical child abuse. The victim had been subject to the abuse as a 10-year old on her paper round.
Andy organised for her to travel from County Cork and arranged accommodation during the trial. With the support of her witness care officer, the victim provided a detailed victim personal statement that was read out to the court. The defendant was found guilty and sentenced to a custodial sentence of nearly five years.
The victim has since made a gesture of heartfelt thanks and appreciation to the Unit, and in particular Andy. Her letter speaks of her struggle and determination to now "get to a better place". She thanked Andy for "never being more than a phone call away and it meant a lot".
Victims' Advocates
Victim Advocate pilots began in five Crown Court centres (Old Bailey, Winchester, Cardiff, Manchester and Birmingham) on 24 April 2006. The scheme gives the family of the victim (currently for cases of murder and manslaughter), the opportunity of making a Family Impact Statement (FIS) at the sentencing hearing. The FIS informs the court of the effect the crime has had on the family of the victim.
In the pilot areas, the CPS introduced an ‘enhanced service’, that sees the CPS reviewing lawyer meeting the family, shortly after they have decided to charge, to explain the decision, answer any questions on the court process and outline the purpose of the FIS. The pilot ended in April 2007 and an evaluation report will be published in September.
Children and Young People
On 27 June 2006, the CPS published 'Children and Young People', the public policy statement on prosecuting criminal cases involving children and young people as victims and witnesses. It underlines the CPS commitment in the Prosecutors' Pledge that witnesses are well supported and are able to give their evidence in court with as little stress and anxiety as possible.
The CPS is working to ensure implementation of the policy statement by:
- Publishing supporting legal guidance for prosecutors;
- Working with Mencap to produce an Easy Read version of the policy statement for children and young people;
- Involving children and young people in the process to prepare other versions of the policy statement for use by different age groups;
- Establishing an External Reference Group to consult on children/young people-friendly policies and practices; and
- Incorporating the principles of Safeguarding Children into existing CPS training programmes.
Alison Doyle-Stevenson, CPS Derbyshire
In 2005, CPS Derbyshire became part of a Carers' Project, which was set up by the NSPCC after parents and carers of sexually abused children highlighted a lack of information available and said they had problems knowing who to turn to for help. The group consists of NSPCC staff, representatives from local agencies including Rape Crisis, Victim Support and CJS agencies. The group has produced information packs for parents and carers including information on the CJS, what a victim's carer can expect at each stage of the prosecution process, and a leaflet titled 'How to cope when your child is sexually abused'. Alison Doyle-Stevenson, CPS Project Manager, suggested producing a DVD as a visual aid to support and promote the project. The DVD is a moving and honest account by two mothers detailing their responses to finding out their child had been sexually abused, the impact this has had on their lives and their experiences with the police, social services and the prosecution process. Sue Allanson, NSPCC Play Therapist who worked with the project said, "Parents have felt listened to by the CPS in particular, and gained a feeling that the CPS wants to improve the service that victims of crime receive in the future. Personally I appreciated Alison Doyle-Stevenson's drive and enthusiasm, particularly her initiative to produce a DVD."
Prosecutors' Role in Sentencing
In October 2005, the Attorney General introduced important new Guidelines 'The Acceptance of Pleas and the Prosecutors' Role in the Sentencing Exercise'. The CPS is working closely with the Bar and other prosecuting authorities to ensure that the Guidelines are followed and in January this year a joint letter from the DPP, the Directors of SFO and RCPO and the Chair of the Criminal Bar Association, was sent to all prosecutors reminding them of the importance of the Guidelines.
The CPS has also embarked on a project to develop a sentencing manual to assist prosecutors discharge their duties and uphold their responsibilities to the court at the sentencing hearing. The manual, which is expected to be available later this year, will act as a signpost to current case law and sentencing guidelines. It will assist prosecutors appearing before all courts in preparing to play an active part in the sentencing hearing.
CPS works closely with colleagues in government and the wider CJS to inform the development of sentencing policy.
