Meeting of the Parliament 03 March 2016
I thank Graeme Pearson for raising this important issue. I had guessed—correctly, as it turns out—that Mr Pearson’s speech would be his final one. I say with sincerity that I have genuinely enjoyed debates with him in the past. He has been an honourable member of the Parliament and has been a great credit to his party and the people whom he has served in South Scotland. I believe that it might also be my last opportunity to engage with Miss Goldie. Whatever our political differences, she has been a tremendous asset to the Parliament and is well respected across the chamber. I look forward to hearing all sorts of good things about both members as they leave Parliament.
We recognise the need for victims of crime to have access to the right information and support, and the need to improve the experience of people who pass through the criminal justice system. We have heard eloquently from members around the chamber—especially Patricia Ferguson, who told us about emotional cases with which she has had to deal in her constituency—about the need for information and support, the need to improve the experience and the need to have throughcare throughout the justice system and not only at the point of prosecution. As Christian Allard stated, we have recently passed legislation—in particular, the Victims and Witnesses (Scotland) Act 2014 and the Victims’ Rights (Scotland) Regulations 2015—in an attempt to improve the support that is provided by the various organisations in our justice system.
We accept that it can be traumatic for victims and their families to be passed between criminal justice agencies without receiving any information on how the justice system works. That is why we have introduced standards of service to ensure that victims know what to expect from each agency—not only Police Scotland and the Crown Office and Procurator Fiscal Service, but the Scottish Courts and Tribunals Service. We have encouraged criminal justice agencies to work closely with victim support organisations on creation of those standards, and to establish closer working relationships in order to ensure that the service that we provide is as joined up as possible. I hear clearly from Graeme Pearson and other members that we need to have a joined-up system and ensure that organisations collaborate, as Rod Campbell said.
We have introduced new rights to information so that victims can find out exactly what is happening with their cases. Those new measures provide additional support for victims and put their interests at the heart of improvements to our justice system. The legislative changes help us to comply with the European Union victims’ rights directive, which helps to ensure that victims of crime can have the right kind of help, information and support wherever they are in the EU.
However, we recognise that victims may not even be aware of their rights or of what support is available to them. That is why on EU victims day we published the first “Victims’ Code for Scotland”. We appreciate that it is the first code and that it will evolve over time. We are specifically considering trying to make a child-friendly version of the code because the way that it is worded is mainly aimed at adults. There is a clear need to work with Children 1st and other organisations to ensure that there is a child-friendly version of the document. However, in simple, straightforward language, the code provides victims with information about their rights, who can help, and where to go for more information. The code can be easily accessed online, and it is available from criminal justice agencies. Since 22 February it has been available online in a variety of languages—Polish, Mandarin and Urdu to name but a few. I am pleased to say that we are currently developing easy-read and child-friendly versions of the code.
The code will be made available to victims of crime when they come into contact with the police or other criminal justice agencies. It is intended to signpost victims to the help and support that they may need. We developed the code in discussion with agencies including the police, the courts and the Crown Office, and with victims groups including Victim Support Scotland, Scottish Women’s Aid and Rape Crisis Scotland. We will continue to consult those organisations as the code is made available more widely in order that we ensure that it is providing the information that victims require.
We acknowledge the considerable support that is currently available from the police through family liaison officers—FLOs. Graeme Pearson referred to them first, I think, and he will have direct experience of working with them. Support is also available from the Crown Office and Procurator Fiscal Service’s victim information and advice—VIA—service and from victim support organisations.
I recognise the point that was made by Graeme Pearson and other members that it appears that there are a lot of organisations. There is obviously a risk of people being passed from pillar to post, or feeling as though they are, so we have to manage that carefully.
At present, Police Scotland appoints family liaison officers when a serious crime has been committed and the police determine that an FLO would be beneficial to the family, which is an important point. FLOs contact victims or bereaved relatives during the early stages of the police investigation or very soon after the death, and are there to provide a link between the family and the senior investigating officer and inquiry team. The FLO identifies additional support for the family and provides practical assistance including managing media interest in the case, which can sometimes be intense, as members are aware. FLOs are also responsible for offering guidance on the investigation process to the family, and for providing advice and guidance throughout the police investigation.
FLOs liaise closely with the victim information and advice service at the Crown Office and Procurator Fiscal Service from very early on in the investigation, before handing the liaison role over to VIA if the investigation moves to prosecution. VIA, in turn, provides victims of crime with information about the criminal justice system, it provides assistance in cases in which a victim appears to be vulnerable, and it helps victims to get in touch with organisations that can offer the practical help and support to which members have been referring.
We recognise the importance of supporting victims of crime, which is why the Scottish Government provides funding of just over £4 million per year to victim support organisations.
We believe that support for people who have been bereaved by murder—which is why we are here today—is vital. This is why we provide grant funding to Petal, which offers specialist support, counselling services and practical advice relating to the criminal justice system and other matters.
The 2014 act is part of a larger piece of on-going work to further improve the experience of, and increase support for, victims of crime in the justice system. I encourage individuals and agencies to seek continually new means of supporting victims of crime, and to be continually identifying where improvements can be made to existing provision. That is certainly my view. I assure members that that will continue to be the case beyond implementation of the legislation.
As members have pointed out, in its 2015 to 2019 manifesto, Victim Support Scotland called for development of a national support service to provide an enhanced personal response to families and loved ones who have been bereaved by murder. I hear the sentiment that is being expressed across the chamber, which is that that is something that members, regardless of party, wish to happen.
I very much welcome the commitment of Victim Support Scotland to improving support, but it is vital that we avoid duplication of services and that we ensure that resources are focused on helping those who are in need. For example, Petal already provides specialist support for bereaved families, and more general support is extensively available across Scotland, particularly through Victim Support Scotland and other organisations that have been mentioned this afternoon. For that reason, we have encouraged Victim Support Scotland and Petal to consider how they might work more closely together to support families in such cases.
I acknowledge the very good work that is going on in England. It certainly has some attraction to it. However, we need to design a system that will work within the landscape here, while trying to avoid duplication. It would not necessarily be a straight copy. We are open to further discussion on the topic and we recognise that we need to be fully aware of the needs of those who have suffered bereavement by murder or suicide, and that we need to support them appropriately.
The concerns that have been raised by Graeme Pearson today over, for example, victims feeling that they have to explain things again and again as they are passed from one justice agency to the next, are ones that I recognise. They point to a need to understand better the requirements of victims. We need justice and victim support organisations to work together and to deliver a joined-up service.
Of course, legislation is not the end of the process; it is just the beginning. There is a constant process of improvement. Implementation will need to continue, and we will work in collaboration with our partners in the criminal justice system and the third sector to ensure that the provisions are implemented effectively. We will also continue to work to identify improvements that can be made on a non-legislative basis.
For too long, victims have been treated and made to feel like bystanders in the criminal justice system. Our recent changes will mean more consideration being given to the rights and needs of victims and witnesses of crime. It is my hope—one that is, I am sure, shared across the chamber—that the recent changes will improve people’s experience of the system to which they turn to see justice served.
I thank Graeme Pearson again. I meant with all sincerity the points that I made earlier—he has been an excellent member. I wish him and Annabel Goldie great success in the future. I hope that he can take some comfort from the fact that we are considering the important issues that he raised today, and that he will take some satisfaction from any progress that is made as a result.