- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive at what age it considers that children are able to receive information in their own right on a case where they are victims and whether this differs from the age of criminal responsibility.
Answer
Victim Information and Advice will provide information direct to victims and witnesses aged 12 years and over. Where a child victim or witness aged seven to 11 years lives with a parent or guardian, VIA sends information to the parent or guardian to pass on to the child. The age of criminal responsibility in Scotland is currently eight years.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what training prosecution service staff receive regarding domestic abuse in order to understand its effects and the likely behaviour of witnesses who have spoken out about their personal experiences after a long period of abuse.
Answer
All new procurators fiscal receive training on domestic abuse during their induction training. This training provides them with a basic understanding of the dynamics of domestic abuse and the policy and practice which should be followed when taking decisions and prosecuting domestic abuse cases.
A comprehensive one-day training course on domestic abuse is also provided at the Scottish Prosecution College. That course is aimed at procurators fiscal, precognition officers and Victim Information and Advice (VIA) staff and includes input from the police and Scottish Women''s Aid. The course covers the power and control involved in domestic abuse, raises awareness of the different issues which can affect victims, explains the response from the police and prosecution staff and includes practical exercise sessions.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what steps it has taken to ensure that when an individual is prosecuted for domestic abuse they do not inadvertently become a victim of abuse.
Answer
In dealing with domestic abuse cases, the police and Crown Office and Procurator Fiscal Service are committed to identifying best practice and obtaining consistency of approach in the investigation reporting and prosecution of these cases, with a view to improving the service that is provided to the public.
The Procurator Fiscal will consider all the circumstances of the case before deciding whether it is in the public interest to prosecute or, in exceptional cases, to take other action.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive, when considering plea bargains, what emphasis is placed on the sentence, particularly in domestic abuse cases, in order to give comfort to victims who are also witnesses so that they know that they have been believed.
Answer
Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The likely sentence is one factor in the process of considering whether to accept any pleas which the accused is prepared to offer. Other factors, include, the nature and gravity of the offences libelled, the views of the victim, where known, and the effect of adjusted pleas in avoiding the attendance and testimony of witnesses.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what steps it will take to ensure that victims who are also witnesses receive the same information regarding possible plea bargains as victims who are not witnesses.
Answer
Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The views of the victim may, where known, be taken into account at the discretion of the Procurator Fiscal as one factor in the process of considering whether to accept any pleas which the accused is prepared to offer.
Victims receive the same level of information regardless of whether they are cited to give evidence at trial.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive, when considering plea bargains, what recognition is given to the views of victims who are also witnesses.
Answer
Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The views of the victim may, where known, be taken into account at the discretion of the Procurator Fiscal as one factor in the process of considering whether to accept any pleas which the accused is prepared to offer. Other factors include the nature and gravity of the offences charged, the likely sentence and the effect of adjusted pleas in avoiding the attendance and testimony of witnesses.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive at what age it considers that children are able to receive information in their own right on cases where they are witnesses and whether this differs from the age of criminal responsibility.
Answer
In considering the age at which it was appropriate for Victim Information and Advice (VIA) to send information on case progress direct to children and young people in their own right, Crown Office and Procurator Fiscal Service consulted with the Children''s Commissioner. This is also consistent with the Vulnerable Witness (Scotland) Act 2004 which presumes that a child witness is of sufficient age and maturity to form a view on special measures if aged 12 or older.
It should be noted that the proposed changes to the age of criminal responsibility will harmonise this.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what the criteria are for a procurator fiscal to refer a case to the Victims Advice and Information service.
Answer
Procurators Fiscal refer to Victim Information and Advice (VIA) staff in their office of all cases with victims, witnesses and/or families, who are eligible for the VIA service. This service is available to victims of, and witnesses to, crimes reported to the Procurator Fiscal which involve:
domestic abuse;
racial or religious aggravation;
sexual offences;
child victims and witnesses, and
crimes where any trial is likely to involve a jury.
The service is also available to the nearest relatives in cases of deaths which may involve criminal proceedings, or where there is to be a fatal accident inquiry or significant further inquiries and to vulnerable witnesses or victims who may need additional support. Referral to VIA is made once a decision has been taken to initiate criminal proceedings.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what steps it will take to ensure that witnesses who are also victims receive the same information regarding a case as witnesses who are not victims.
Answer
Victim Information and Advice (VIA) staff provide information to victims of, and witnesses to, crimes reported to the Procurator Fiscal which involve:
domestic abuse;
racial or religious aggravation;
sexual offences;
child victims and witnesses, and
crimes where any trial is likely to involve a jury.
The information provided to victims includes:
dates of court hearings;
decisions made about bail;
trial verdicts;
sentencing, and
the outcome of any appeal.
Victims receive the same level of information regardless of whether they are cited to give evidence at trial.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what the criteria are for the Victims Advice and Information service to contact family members in the case of a domestic abuse situation.
Answer
All victims of domestic abuse are referred to Victim Information and Advice (VIA) where proceedings are taken. VIA staff provide information to victims of domestic abuse following any key court hearings and when there is any other significant progress in a case. This includes:
dates of court hearings;
decisions made about bail;
trial verdicts;
sentencing, and
the outcome of any appeal.
In domestic abuse cases VIA will notify victims of the outcome of the case, where the accused is granted of any bail and the terms of any special bail conditions on the same day or within 24 hours of the accused appearing in court. Where an accused has been released from custody and VIA has been unable to contact the victim, the police will be asked to do so.