supporting victims and witnesses Flashcards
Define what is meant by a victim
-A person who has suffered harm, including physical, mental and emotional harm or economic loss
-Directly caused by criminal offence
Define what is meant by witness
-Able to provide or has provided anything…
1: …which may be used or has been used as evidence in relevant proceedings
2: …mentioned in subsection (5), whether or not admissible in evidence in relevant proceedings
What is the witness oath
“I swear by… (according to religious belief) that the evidence i shall give shall be the truth the whole truth and nothing but the truth”
What is the witness affirmation
“I do solemnly, sincerely and truly declare and affirm that the evidence i shall give shall be the truth the whole truth and nothing but the truth”
According to Christie (1986), what are the 5 characteristics that an ‘ideal’ victim should have?
-Weak
-Blameless
-Carrying out noble task
-Offender is big and bad
-Offender was unknown and in no personal relationship to them
What is the social expectation of a ‘victim’?
-Not intelligent
-Not visible
-Not verbal
-Not angry
-Only permitted mode is to keep sobbing and be silent
What can cause harm to the victim?
-Pre-victimisation factors = marginalised groups are at a bigger risk of victimisation for certain crimes
-Factors relating to victimisation event
-Post-victimisation factors = secondary harm
-Support and net-working
What are the common needs of a victim?
-Reassurance and counselling
-Medical, financial and practical assistance
-Info about case progress and what to expect in court
-Chance to express how the crime has affected them
-Assistance with filling out form for State Compensation
-Info around release date
Describe the place of victims and witnesses within the adversarial system
-Victims = no secure place
-Witnesses = vulnerable place, subject to cross-contamination
What is the ‘Rights-Oriented Criminal Justice’
-Andrew Ashworth
-Everyone who gets caught in criminal justice system should have their rights protected, no matter if they are defendants, victims or witnesses
What was introduced in 1960s/70s?
-Victim’s movement
What was introduced in 1970s?
-In England and Wales, Victim Support is spread through UK
What was introduced in 1990s?
-Blurring boundaries on whether support is public, private or voluntary
-Whether they are correct
What was introduced in 2000s?
-Victims’ Code of Practice and increase debate around participation
What is a Victim Personal Statement (VPS)?
-2001
-Victims can choose to make one of these to explain how they’ve been affected by the crime
-Can read aloud at court by prosecutor
What is a Victim Contact Scheme (VCS)?
-2000
-Victim can choose to join VS if offender is sentenced to 12 months + OR have committed a violent/sexual crime
-Victim will be contacted if applied for parole etc.
What is the Victims’ Right to Review (VRR)?
-2013
-If CPS withdraws/discontinues case, victim can apply for review by another prosecutor
What are special measures for vulnerable witnesses?
-Youth Justice and Criminal Evidence Act 1999 Section 16
-All child witnesses/witnesses whose quality of evidence may be diminished by mental disorder/impairment
What are special measures for intimidated witnesses?
-Youth Justice and Criminal Evidence Act 1999 Section 17
-Suffering distress or fear in relation to testifying in case
-Victims of sexual/gun offences automatically are in this section
How can witnesses give evidence through screens?
-Help shield the witness from the defendant
How can witnesses give evidence through a live link?
-Give evidence during trial, from outside the court room
How can witnesses give evidence in private?
-Exclusion from members of public and press (except one person to represent press)
How can witnesses give evidence through examination of intermediary process?
-Intermediary may be appointed to assist testifying in court
-Can provide communication assistance
-What are the aids to communication for witnesses?
-Enables a witness to give best evidence whether through communicator/interpretor
