Victims and Witnesses
No Witness, No Justice - putting victims and witnesses at the heart of the system
No Witness No Justice is part of the government's ongoing programme to transform the experience of victims and witnesses of crime and to reduce the number of trials that collapse at court.
By giving victims and witnesses better support throughout the criminal justice process, the scheme aims to reduce the number of cases that have to be dropped because of problems with witnesses.
To do this, dedicated local Witness Care Units have been set up which bring police, the Crown Prosecution Service and Witness service together to work in partnership to meet the needs of victims and witnesses.
Witness Care Units are able to use a range of measures which provide practical help and moral support to victims and witnesses.
By focusing on the specific needs of individuals, the No Witness, No Justice project aims to improve the confidence and satisfaction victims and witnesses feel, while at the same time bringing benefits for the criminal justice system as a whole.
The No Witness, No Justice project is being delivered as part of a wider programme to bring about improvements to the criminal justice system from arrest to sentencing.
Witness Care Units
Dedicated Witness Care Units (WCUs) have been set up across Yorkshire and Humberside to provide practical help and moral support to victims and witnesses.
The Units provide:
- Witness Care Officers who act as a single point of contact for a victim or witness thoughout the life of a case from the point of charge through any court proceedings that may follow. They will help individuals through the criminal justice process and coordinate support and services.
- A full 'needs assessment' to identify exactly what help victims and witnesses require to ensure they can attend court. This could include practical difficulties such as provision of child care, transport, help with language difficulties, medical problems and areas of concern, including possible intimidation
- Continuous review of victim and witness needs throughout the case by the CPS and police
- Greater communication and contact with witnesses about cases including the case outcome or trial result.
By providing better information, reassurance and support victims and witnesses will be more confident and willing to attend court, which in turn should reduce ineffective trials, help to bring offenders to justice and improve public confidence in the criminal justice system.
Victim Personal Statements
What are they?
Victim Personal Statements are optional written statements which give the victim an opportunity to say how they have been affected by the crime: physically, emotionally or financially.
They may wish to talk about their fear of intimidation, concerns about bail and whether they would like help from a support agency.
Victim Personal Statements provide additional information to that given by the victim in their statement to the police.
Who can make a Victim Personal Statement?
Anyone who has been a victim of crime and who has made a statement to police has the opportunity to give a Victim Personal Statement. The development of the Witness Care Units is helping to ensure that 100% of victims are now offered the opportunity to provide a statement should they wish to.
What happens once a Victim Personal Statement has been taken?
The Victim Personal Statement becomes part of the case papers and is seen by the Police, defence lawyers, magistrates and judges at court.
What does the CPS do with the Victim Personal Statement?
We take into account what the victim says when we make decisions on the case and ensure that, where appropriate, the court is aware of the contents of the statement so this can be considered, for example, in sentencing.
Special Measures
In some cases people require special measures to be taken to help them give evidence. Special Measures can sometimes be available to victims and witnesses that are vulnerable or intimidated.
The Code of Practice for Victims of Crime defines vulnerable victims as those under 17 years of age or those with a physical or mental disability or disorder, including learning difficulties, whose quality of evidence is likely to be reduced if the special measures are not taken. The victims of domestic violence and the family of murder and manslaughter victims are also classed as vulnerable.
Intimidated victims also qualify for special measures and these are defined as people whose evidence will be hindered by being in fear of the defendant or who are in distress about giving evidence.
Case Studies of Special Measures in Action
South Yorkshire
A vulnerable and intimidated victim fled South Yorkshire to a place where they felt safe from the defendant. However as a key witness in the case their evidence was crucial in securing a conviction. The CPS arranged for the victim to give evidence live on camera from another part of the country. This was broadcast in court and formed a significant part of the prosecution case. The defendant was found guilty, thanks in large part to the quality of the evidence given by this brave individual.
West Yorkshire
CPS West Yorkshire successfully applied for Special Measures in a case involving serious offences against an elderly and vulnerable complainant recently.
The 87 year old victim was bedbound and therefore unable to attend court to give vital evidence. In the first such application of its kind, CPS West Yorkshire arranged for her to give evidence via videolink to the court, from her bedside.
As a result of this indivdual's courage in reporting the crime and her immense bravery in being prepared to give evidence in this way, the defendant was convicted and sentenced to 16 years in prison.
