Victim Personal Statements
What is a Victim Personal Statement?
If you are a victim of crime the police may ask you to make a Victim Personal Statement (VPS). This will give you a chance to give a statement about how you have been affected by the crime which can be used in court.
What difference can a VPS make?
A VPS can affect how a case progresses. For example it can contain information to justify opposing bail or imposing bail conditions. CPS and judiciary can use the VPS throughout proceedings to aid decision-making. It will also be considered in sentencing.
Can I influence the sentence?
No. The VPS should not include any opinion of how the alleged offender should be punished. That is a matter for the magistrate or judge to decide. The VPS will demonstrate how you have been affected by the crime and this impact can be taken into consideration when passing sentence.
What should the VPS say?
A VPS should say in your own words how the crime has affected you, be it emotionally, mentally, financially, physically or in any other way. It should express legitimate concerns and state if you intend to seek compensation. It should also request referral to Victim Support or to other agencies who may assist.
Why is the VPS scheme important?
By making a VPS you are making sure your voice is heard. The VPS will help all Criminal Justice agencies involved in the case understand how the crime has affected you personally.
Can a VPS be retracted?
No. Even if the actual complaint is withdrawn the VPS will remain part of the case papers. However an amendment or addition can be made at any time.
Who should be offered a VPS?
The opportunity to make a VPS must be offered to victims of:
- Domestic abuse
- Hate crime
- Physical or sexual assault (including assault on Police)
- Robbery
- Dwelling Burglary
- Protection from Harassment Act offences
- Offences subject to the Victim Focus Scheme
- Any crime where a specialist investigator or liaison officer is assigned.
However any victim of crime who requests a VPS or where it is apparent that a victim will benefit from making one should be offered it.
Do I have to make a VPS?
No. Making a VPS is optional and in some cases may not be appropriate. However it is crucial that the right information is given so a victim can decide for themselves if making a VPS is right for them.
What do I need to know about the VPS?
There are 5 important things which should be explained to you:
- The VPS scheme is optional
- The VPS can be amended but not retracted
- The VPS will be seen by the defendant and their lawyer as well as by CPS and the Court
- The VPS will be considered throughout the progress of the case and at sentencing
- There will be an opportunity to make a VPS later in the process
Can I be given help with my statement?
The police officer should take the VPS just as they would take any other statement (including using an interpreter or video interview etc). They should encourage you to talk about your feelings in your own words.
Will I be able to ask questions?
A VPS is a crucial key statement in any case. It enables issues to be identified and addressed that can affect your entire experience of the criminal justice system as a whole. A police officer will sit down and talk to you about making a VPS, explaining all the points above and giving you the opportunity to ask any questions you might have.
They won't just give you a leaflet and walk away as a leaflet cannot replace a one-to-one conversation. We want you to see the importance of making this statement and to see that we are listening to how you feel and what you have to say.
For more information about Victim Personal Statements visit the CJS website www.cjsonline.gov.uk.
