Lecture 9 Dealing with Victims and Witnesses

Question 1

Definition of Victim?

Answer 1

Black’s Law dictionary, ninth edition (2009) defines a victim as ‘a person harmed by a crime, tort or other wrong’.

Question 2

Definition of Witness?

Answer 2

Black’s Law dictionary defines a witness as ‘one who sees, knows or vouches for something. One who gives testimony under oath or affirmation, in person, by oral or written deposition or by affidavit’. A witness must be legally competent to testify.

Question 3

What are the different kinds of victim and witness?

Answer 3

• Significant witness
• Key witness
• Vulnerable victim/witness
• Intimidated victim/ witness

Question 4

Whats the 12 step victim care process?

Answer 4

1. Introduction (Both ways)
2. Welfare check (medical if needed)
3. First Account (don’t use notebook)
4. 1st Description (A-J) Get the victims details, Record first account, radio circulation?
5. Observe the scene (Is CSI required)
6. Preserve evidence (make sure nobody touches it and move others away from evidence. Protect evidence as best as possible)
7. Enquires (What enquires will you make as OIC? Any other witnesses or evidence?)
8. Discuss statements (Witness statement and Victim personal statement)
9. Discuss Victim Care Booklet
10. Discuss Victim Support Services
11. Crime Reduction (How can we better protect the victim and make them feel more secure and confident)
12. Final Welfare Check

Question 5

What is a vulnerable victim?

Answer 5

A vulnerable victim is defined as a person is vulnerable if as a result of their situation or circumstances, they are unable to take care of, or protect themselves or others from harm or exploitation.

• Repeat victimisation
• Family circumstances
• Personal circumstances
• Health
• Equality and diversity
• Economic circumstances

Question 6

What is the code of practice for victims of crime?

Answer 6

Code of Practice for victims of crime

• Tell you within 5 working days if there is going to be an investigation
• Tell you within 5 working days if someone is arrested
• Tell you within 5 working days, whether a suspect has been cautioned, reprimanded or received a final warning
• Tell you within 5 working days if suspect has been released on bail
• Tell you within 5 working days of whether suspect is to be charged or not
• Monthly updates until case is closed

Question 7

What is the enhanced service for vulnerable victims?

Answer 7

Enhanced Service for vulnerable victims

• Tell you within 1 day if someone is arrested
• Tell you within 1 day if the suspect is released on bail
• Tell you within 1 day whether the suspect is to be charged or not
• Tell you within 1 day whether the suspect has received a reprimand, caution or final warning.
• Opt into Victim Care Services

Question 8

We need explicit consent from which two types of victims for the opt into VCS?

Answer 8

• Victims of sexual offences

- Victims of domestic violence

Question 9

Explain Victim Personal Statement?

Answer 9

Victims must be offered the entitlement to make a VPS. This explains how the crime has affected them emotionally, financially or in any other way. It can be read out in court by the victim themselves, or by a CPS prosecutor if requested.