Victim personal statements - case study

James Ward is a Crown Advocate based in Bristol. He has a great deal of experience of victim personal statements and the impact they can have.

He feels the victim personal statement to be an invaluable tool for victims that can have a profound effect in a number of ways throughout a case, if taken properly by the police.

James said:  "Any case where a victim personal statement is taken will have a positive effect on the outcome in some way.  If the right questions are asked by the officer taking the VPS a Judge can be fully informed as to how the crime has affected the victim and what aspects of the crime had a damaging effect.  This can lead to aggravating or mitigating factors becoming applicable and then applied, thus impacting on sentencing.

"Medical statements do not cover the mental and emotional impact a crime has on a victim.  Whilst it may be obvious that a crime has affected the victim it must be remembered that individuals are unique and react to incidents in different ways. Nothing should be assumed.  By pinpointing exactly what aspect of the crime has impacted upon a victim, important and relevant case information can also become available.  A VPS personalises the victim and brings reality to the clinical isolation of the Crown Court.

"Judges in the Crown Court are required to take into account victim personal statements.  If it is missing questions will be asked and the court will probably demand a letter of explanation from the [police] Officer in Case.  The police should always provide them.  When a victim declines to make such a statement, the officer requesting it should document the refusal in a section 9 statement."

James also highlighted the fact that when taking a VPS, officers should tailor it to the specifics of a case.  He reiterates that it may not be the obvious consequence of a crime which cause emotional impact upon the victim.  The officer should fully explore the victim's state of mind by asking relevant questions so they can explain exactly how the crime has affected their everyday life and that of their families as appropriate.