Victim Support - Police Scotland - PDF

OFFICIAL Unit 3 Lesson 12...

OFFICIAL Unit 3 Lesson 12 Victim Support Lesson Aim: The learner will be able to explain the impact of crime on the victim and the services available to support victims Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- As an operational police officer you will encounter many victims of crime. The actions you take when interacting with a victim may 1. Explain the impact of crime on the victim leave a lasting impression of not only you as an individual, but also the Police Service of 2. Confirm the role of the Police in Scotland. supporting victims of crime including legal duties Roughly one in ten adults in Scotland experience a crime every year and even more people are affected by crime including family, 3. Outline support services that can assist friends and witnesses. There are many victims of crime different types of crime that affect individuals within our society. As a police officer you must be aware that crimes affect people in different ways. It is important that you are aware of the services that Victim Support Scotland provides and the importance of offering victim support to those individuals who would benefit from their support and guidance. The crime does not have to be reported and does not need to be recorded as such. For example, antisocial behaviour that does not constitute a criminal act. There is no time limit so Victim Support Scotland can assist people to cope with historic incidents. Victim Support Scotland is an independent charity that provides support and information to people affected by crime and campaign for victim and witness rights. Their services are free, confidential and tailored to an individual’s needs. Their vision is that all those affected by crime receive high quality support and are at the heart of justice in Scotland. 1 th Amended 24 April 2024 v.5 OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support They have hundreds of volunteers all over Scotland who are highly trained that work in communities with any direct or indirect victim (family members, close friends etc.) of any crime or other harmful behaviour. Note:- At all times when interacting with members of the public, you should act with integrity, fairness and respect. The Impact of Crime on the Victim There are many ways a victim is affected by crime. The following could be considered as the main ways a victim could be affected:- Emotional Physical Social Financially Activity 1 A1 In your groups discuss “Cormack’s Story”. Using the bullet points above give examples of how the crime and subsequent involvement with the police affected him. Be aware that not all examples may apply to Cormack 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support It is important for you as a police officer to recognise the impact a crime has had on a victim. You may be the only member of a professional service the victim encounters following the incident. As a police officer you are not expected to fill the role of a counsellor, doctor or social worker. It is expected that you should be able to refer a victim of crime to the appropriate agency, who can provide services that the police cannot. Having a good knowledge of the services available to victims of crime will not only aid the victim, it could also strengthen your investigation through an increase in victim confidence and awareness. Providing victims with the necessary support will essentially improve health and wellbeing. By assisting people affected by crime, this can help reduce stress and anxiety, and increase confidence and resilience. They may feel safer, less vulnerable and be less likely to be re-victimised. Witnesses may feel reassured and more confident about giving evidence in court. Victims and witnesses may feel more informed about their case and support available to them. Feedback 1 F1 Emotional Annoyance, shock, anger, denial, fear, stress, blame, numbness, depression, feeling tense/restless. Physical Loss of sleep, injury, nausea, faint/dizzy, fatigue, tearfulness, tremors/choking sensations, STDs, sweating, stutters. Social Loss of status/confidence, isolation, fear of being alone, family tension, moving home. Financial Debt, funeral costs, insurance claims, lose job, family income. 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Trauma Trauma is a normal reaction to an abnormal situation, and is a disorder of the mind. It is important to remember that trauma is not rare, unusual or a sign of weakness. The following is accepted as the definition of trauma:- "an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or life threatening [for them or their loved ones] and that has lasting adverse effects on the individual’s functioning and mental, physical, social, emotional, or spiritual well-being." You will encounter sufferers of trauma whilst you are operationally attending incidents, and may suffer from trauma yourself following an experience. There are many signs of the symptoms of trauma including:- Re-experiencing the traumatic event Avoidance and emotional numbing Anger, irritability, guilt, shame or self- blame Substance abuse, depression & hopelessness Suicidal thoughts and feelings Feeling alienated, alone, mistrust and betrayal Headaches, stomach problems, chest pain. Police officers are in a powerful position to offer advice to victims of crime. You should ask yourself whether you could answer the question: “How can I get over what happened?” 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support The Journey through the Justice System The Impact of Attending Court on the Victim After a criminal case has been reported to the Procurator Fiscal there may be court proceedings. This could be a nervous time for victims and witnesses. As a Police Officer, you will be seen as an expert witness in these proceedings, as such there is a high expectation of the utmost professionalism and clarity in the evidence you provide. Any witnesses or victims attending court as part of your criminal investigation, may equally have never attended court before. The strength of a case regularly relies heavily on the evidence provided by the victim and witnesses. It is for this reason that Police Scotland must ensure that every assistance is provided to victims of crime in building their confidence. A victim of crime may not understand their part in the criminal justice process, may fear reprisals or may be intimidated. The testimony of these individuals can be severely damaged if the victim is not supported through all stages of the criminal justice process. There are a number of ways Police Scotland and Victim Support Scotland can assist victims of crime when attending court. 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Services Available to Victims Section 18 of the Criminal Justice (Scotland) Act 2003 enables the police to pass a victims information to certain bodies, with the victims consent, to allow for counselling and support. Scottish ministers prescribed that Victim Support Scotland will be the organisation to whom police refer such persons. Volunteers at Victim Support Scotland will provide support to any person affected by crime. Services may include:- Free confidential help Information about the criminal justice system and how it works Referral to other agencies that provide specialist support e.g. counselling Assistance with practical problems such as insurance claims, compensation claims and crime prevention Support through the court process. Monitoring of Repeat Victims Repeat victimisation solely relates to individuals who have been the subject of more than one crime or incident or series of similar crimes / events or who perceive (real or otherwise), that they are a repeat victim. Victim Support Scotland will monitor persons identified as repeat victims of crime, with their consent, and will have the relevant information relating to the incidents. It is your responsibility as a reporting officer to highlight in your police report that a person is a repeat victim. Repeat victimisation will be managed locally by a local policing command management team. The priority will always remain to identify those in our communities who are perceived, real or otherwise, to be repeat victims. Note:- A person reporting being a victim of crime for the first time may already be a repeat victim. You should use effective communication skills to gather as much information as possible. 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Trauma Response in Approach to Victim Statements During a criminal investigation you must ensure that:- Statements are taken without undue delay That the number of relevant interviews to take a statement are kept to a minimum That the victims' are permitted to be accompanied by their chosen legal representative and a person of their choice, unless a reasoned decision to the contrary is made Medical examinations of the victim are kept to a minimum. Vulnerability should be considered in line with The Victims and Witnesses (Scotland) Act 2014. Trauma Response in Provision of Information and Referral to Victim Support The Victim Care Card (VCC) was created to assist Police Scotland in complying with Victims’ Rights (Scotland) regulations 2015 in relation to information which must be provided to every victim of crime and includes information on VSS. The process of handing the VCC to a victim does not replace the requirement of obtaining explicit consent to share their personal details with VSS. They are two different requirements. Where a victim makes a report of a crime, as soon as reasonably practical you must provide them with a Victim Care Card (Appendix A). The VCC contains the following information:- The officer’s name Incident reference number Date reported Crime type That the victim can request to have a person of their choice or a legal representative with them while they give a statement Where Police Scotland Standards of Service can be accessed Where the Victims’ Code for Scotland can be obtained 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Information on referral to Victim Support Scotland (VSS) and seeking consent details of other competent authorities. There is no requirement for Police Scotland to facilitate representation for victims. If an officer is unsure whether a person is suitable to accompany a victim, clarification should be sought from their line manager. The decision must be recorded within the officer's official police notebook/mobile device. In line with legislation, Police Scotland will provide victim support to every victim of crime. Any other person affected by crime whom you feel would benefit should also be offered referral. A referral will be made to Victim Support Scotland only with the individuals’ explicit consent. Offering a referral is not an onerous task but to comply with data protection legislation the following must be adhered to:- The individual has to be told that they can withdraw their consent at any time and give them the means to do so (i.e. within 24 hours they should phone 101 and provide the information contained on the VCC, after this time they should contact VSS directly) A line should then be added in an official police notebook / mobile device saying that the above has been explained and explicit consent has been given. The individual should then sign the notebook/mobile device to confirm this. Should the individual refuse or decline to sign the notebook/mobile device then this needs to be documented. The Criminal Justice (Scotland) Act 2003 states that:- Where it appears that an offence has been perpetrated against a person then the Constable may, with the persons consent disclose any, or all of the following to a prescribed body with a view to it providing support to that person:- name address telephone number e-mail address age 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support as the Constable considers appropriate provided that the information does not include such information in relation to the alleged perpetrator Note:- The officers must record obtaining consent in their notebook/mobile device and refer to it on the Crime Report as per Division instruction. The Police Role in Victim Support The Victims Rights (Scotland) Regulations 2015 were introduced with the objective of creating clear rights for victims. The Regulations make provisions for victims in the following areas:- Information and support Individual assessment Complaints Rights of Victims in other EU states Right to receive information Right to protection in criminal investigation Access to victim support Right to avoid contact services between victim and offender Acknowledgment of Right to protection of privacy complaints Right to return of property 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Activity 2 A2 Reflect on the video you watched and consider; What were the short, medium and long term impacts of this crime on; Dave Annabelle The boys? Why do you think officers only referred Dave? What is the single most important thing that Police Officers could have done to assist this family? For a situation like this, when is the most appropriate time(s) to discuss the availability of support to help with the impact of crime? 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support Appendix A Victim Care Card Telephone 101 In an emergency always call 999 Incident / Crime Ref. No. Date Reported Crime Reported Investigating Officer Name You can ask to have a person of your choice or your legal representative with you while you give your statement; however, there may be circumstances when this is not possible and the reason for this will be explained to you. There are also standards of service that we should meet. To view these, please go to the web address or ask us for more information: www.scotland.police.uk/victimsandwitnesses You can find details of your rights as a victim within the Scottish Government’s Victims’ Code. You can ask us for a copy or you can find it here: www.mygov.scot/victims-code- scotland You may request a referral to providers of victim support services from Police Scotland or any of the organisations below at any stage in your journey through the criminal justice system or, if you prefer, you may contact providers of victim support services directly, without referral. Victim Support Scotland provides free and confidential emotional and practical assistance and information to all victims and witnesses of crime. They are an independent charity and not part of Police Scotland or Scottish Courts. There is a Victim Support office in every local authority area. Victim Support Scotland can be contacted on 0800 160 1985 or through their website www.victimsupportsco.org.uk. They will ensure you get access to the support agency best placed to help you. Information on crime prevention and how to keep yourself safe can be found at www.scotland.police.uk/keep-safe Crown Office and Procurator 0300 020 3000 www.copfs.gov.uk Fiscal Service Scottish Courts and Tribunals Refer to local court www.scotcourts.gov.uk Service Scottish Prison Service 0131 330 3500 www.sps.gov.uk Parole Board for Scotland 0131 244 8373 www.scottishparoleboard.gov.uk 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 12 Victim Support For further information, use the resources shown below:- Website:- https://victimsupport.scot Review: You can explain the impact of crime on a victim You can confirm the role of the Police in supporting victims of crime including legal duties You can outline support services that can assist victims of crime Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL