Championing Justice and the Rights of Victims
Victims’ Code and Prosecutors’ Pledge
The Code of Practice for Victims of Crime (the Victims’ Code), which came into full effect on 1 April 2006, sets out the standards of service that victims can expect from the CJS
Key CPS commitments in the Code relate to the CPS Direct Communication with Victims (DCV) Scheme. Procedures for the delivery of these important commitments have been reviewed during 2007 and best practice seminars held across the country.
The Prosecutors’ Pledge, launched by the Attorney General in October 2005, sets out the level of service that victims can expect from prosecutors. The ten commitments are included in the ‘CPS Public Policy Statement on the Delivery of Services to Victims’.
Case Study
A lawyer travelled to Vietnam to tell the parents of a student killed in London that four youths arrested on suspicion of causing his death would not face prosecution.
Michael Mulkerrins, who had reviewed the case, flew 5,700 miles to Hanoi after the family of Tu Quang Hoang Vu asked for a face-to-face meeting under the Direct Communications with Victims initiative.
During two days of meetings at the parents’ home in Hanoi, Michael explained the UK criminal justice system and why he had advised the police there was insufficient evidence to charge the teenagers with murder or manslaughter.
In a tragedy widely reported by the media, Tu, a 25-year-old architect, fell on to the tracks at Earl’s Court tube station last November.
A group of Queens Park Rangers youth players was on the same platform at the time. One, a 17-year-old, who was standing close to Tu, also plunged under the oncoming train.
Tu, who was studying for a Masters degree at Kingston University, died. The teenager survived.
He and three other players – all aged 16 – were arrested by British Transport Police officers.
Michael twice reviewed the evidence obtained from eye witnesses and CCTV footage and twice advised police there was insufficient evidence to charge either murder or manslaughter.
"Witnesses said the youths were larking about," said Michael. "Three of them used the words ‘dreadful accident’ in their statements."
Assisted by an interpreter, he spoke to Tu’s parents – father Tam Quang Vu, a retired accountant, and mother Lai Thi Kim Thoa, a nurse – and other relatives in May 2007.
After the meetings, he was invited to visit the Buddhist cemetery where Tu was buried.
No Witness No Justice
National implementation of No Witness No Justice (NWNJ) during 2005 saw the creation of 165 Witness Care Units (WCUs) across England and Wales, providing an enhanced level of service to victims and witnesses in cases where a charge has been brought.
During 2007, work has continued to improve the level of service offered by the units, including the development of a training course for WCU Managers and a national conference for witness care staff to share best practice.
Witness attendance rates have increased from 78% to 84% nationally since the introduction of WCUs. The number of trials that did not go ahead due to witness issues has fallen by 63% in the Crown Court, and by 14% in the magistrates’ courts. Witness satisfaction continues to be monitored via the Witness and Victim Experience Survey (WAVES) conducted by Ipsos MORI and will be used from 2008 to measure performance in respect of victim and witness satisfaction across the CJS.
Victims' Advocates
The Victim Advocate Scheme was piloted in five Crown Court centres (Old Bailey, Winchester, Cardiff, Manchester and Birmingham) from April 2006 to April 2008. The scheme gives the family of the victim in cases of murder and manslaughter the opportunity of meeting the prosecutor in charge of the case and 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. The family also has the option of having appointed an independent publicly funded lawyer to assist them in making and delivering the FIS.
In the pilot areas, the CPS introduced an enhanced service whereby the prosecutor in charge of the case will offer to meet the family after charge in order to explain the role of the CPS, court processes and procedures (including the progress of the case) and outline the purpose of the FIS. The prosecutor will also deal with any other questions the family may have. The family may then decide whether they wish to have the services of an independent lawyer or the CPS prosecutor to assist them in making and delivering an FIS.
Evaluation of the pilots is being undertaken by the MoJ and a report will be published during 2008.
Victim Focus
In June 2007, the Attorney General announced that the CPS would implement a new scheme to provide an enhanced service for bereaved families. The scheme is known as Victim Focus and was introduced on 1 October 2007. The new service is based on the experience gained in the five Victims’ Advocate Scheme pilot sites and will be offered to bereaved families in all murder and manslaughter cases, and certain fatal road traffic offences, heard in the Crown Court. As with the Victims’ Advocates pilots, the focal point of the service is the opportunity for the family to meet the CPS prosecutor who will explain the court process and answer any questions that family members may have. The prosecutor will also explain that family members have the opportunity to make a Victim Personal Statement (VPS) that may be read to the court where there is a conviction as part of the sentencing process.
Pre-Trial Witness Interviews
Between January 2006 and January 2007, the pre-trial witness interview (PTWI) scheme was successfully piloted in four CPS Areas. Under the scheme prosecutors may interview witnesses about their evidence in order to assess its reliability or to better understand any complexities.
During the pilot, 93 cases were considered, which generated 53 PTWIs. Following the pilot, the four CPS Areas have continued to undertake PTWIs – by January 2008 over 90 interviews had been conducted, predominantly in serious cases. An external evaluation concluded that the scheme improved prosecutorial decision-making by strengthening cases which went to trial and rejecting potentially weak cases at an early stage. National implementation was achieved on time in April 2008 and around 180 prosecutors have been trained to undertake PTWIs.
