Victims & Witnesses

Question 1

What is a “victim”?

Answer 1

‘A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct.’
(Or.. a close relative of a person whose death was caused by a criminal offence).

Question 2

Who, or what is a “witness” ?

Answer 2

‘One who sees, knows or vouches for something. One who gives testimony under oath or affirmation, in person, by oral or written disposition or by affidavit. A witness must be legally competent to testify.

Question 3

What 3 ways could a witness provide testimony or affirmation?

Answer 3

1. Oral deposition.
2. Written deposition.
3. Affidavit.

Question 4

2 Reasons a witness may not engage?

Answer 4

• Witness Intimidation.

* Unwilling to engage with Police or Criminal Justice System.

Question 5

Name 3 elements of the role, or benefits of Witness Care Units?

Answer 5

1. They offer the victim a single point of contact (throughout the process).
2. They can offer tailored support, working with relevant external agencies.
3. They provide regular updates of case development and progress.

Question 6

Victims of Crime and ASB may suffer short term impacts. Name 3 common short term impacts…

Answer 6

1. Fear / Shock / Anger.
2. Nervous / Anxious.
3. Vulnerability.
4. Fear of becoming a repeat victim.
5. Increased fear of crime, generally.
6. Possible lack of faith in Police.

Question 7

Victims of Crime and ASB may suffer long term impacts. Name 3 common long term impacts…

Answer 7

1. Victim can feel “powerless”.
2. They may feel vulnerable to repeat attack(s)
3. PTSD
4. Vigilante behaviours

Question 8

What common needs will victims and witnesses have? (Can you name 4?)

Answer 8

• Reassurance (Regarding their vulnerability).
• Emotional Vent (allow them to ‘let off steam’).
• Explanation & Advice (what is going to happen).
• Regain Control (empower them, allow them to make decisions).
• Single Point of Contact (initially, this is ‘us!’ - provide our contact details & work/shift pattern).
• Quality of Service (Refer to victim/witness support services).
• Updates (Regularly, victims code states every 5 days).

Question 9

As a ‘first responder’ what must we do when dealing with victims & witnesses.

Answer 9

• Establish Rapport.
• Treat the person as an individual.
• Communicate clearly, listen attentively.
• Identify whether ‘they’ are vulnerable or intimidated.
• Identify any relevant support needs.

Question 10

When dealing with victims and witnesses, Accurate recording is very important. Why?

Answer 10

• Use of all intelligence systems (Niche/PNC) should be recorded in ePNB & Storm Log - evidencing ‘proper use’.
• Record all decisions and agreements with the victim/witness (they can sign these within ePNB as confirmation).
• These will increase public confidence - in our ability, & that they are being taken seriously.
• Potential complaints. Continuity of evidence (recording/ tracking of items can be evidenced).

Question 11

Victim Personal Statements can be made when?

Answer 11

Any time between the crime and the case reaching court.

Question 12

Why must we adhere to the “Code Of Practice For Victims Of Crime” ?

Answer 12

• Ensures ‘we’ are victim focussed.
• Ensures victims have the appropriate support.
• Enables us to achieve ‘best evidence’.
• Ensures Victims & Witnesses feel confident to attend court.
• Ensures compliance with legislation.

Question 13

Who can provide additional support to officers in providing victim care?

Answer 13

Family Liaison Officer (FLO)

Question 14

Name 3 roles/benefits of the FLO

Answer 14

1. Reducing potential for victims becoming dependent on Police.
2. Create an ‘exit strategy’ (at the appropriate time).
3. Manage complaints.
4. Share good practice & ‘lessons learned’.

Question 15

Name 3 Categories of Victims & Witnesses.

Answer 15

1. Vulnerable
2. Repeat Victimisation
3. Intimidated.

Question 16

What Act covers “Vulnerable Witnesses”?

Answer 16

Youth Justice & Criminal Evidence Act 1999 (Sec. 16)

Question 17

What vulnerabilities are outlined within Youth Justice & Criminal Evidence Act 1999 (Sec. 16)

Answer 17

• Children under 18yrs

• “People whose quality of evidence is likely to be diminished because they;
i. Suffer from a mental disorder or,

ii. Have significant impairment of intelligence & social functioning or,
iii. Have a physical disability or suffer from a physical disorder.

Question 18

Name any 5 possible Behavioural Indicators of Vulnerability.

Answer 18

• Difficulty communicating without assistance.
• Difficulty understanding questions/instructions.
• Speech is difficult to understand, or there is no or limited speech.
• Response to questions is inappropriate.
• ‘They’ focus on small, irrelevant points.
• Unable to read or write.
• Appear eager to please, repeat what ‘we’ say.
• Appear confused by what is said or happening.

Question 19

Youth Justice & Criminal Evidence Act 1999 (Sec. 17) covers what type of witnesses?

Answer 19

Intimidated Witnesses.

Question 20

How might we identify possible “intimidated witnesses”?

Answer 20

They may be reluctant to make a statement, despite having made the initial report.

They may reside in an area with a history of ASB &/or conflict with Police.

The community may be small and ‘close-knit’.

They may be a member of a minority group in the area (eg; cultural/ethnic/religious)

Question 21

What makes a victim a “Repeat Victim” ?

Answer 21

“A victim of the same type of crime more than once in the last year”

(Home Office Bulletin, Crime in England & Wales 2009/10)

Question 22

What is “Poly-Victimisation” ?

Answer 22

Basically, the same offender and the same victim - but multiple ‘victimisations’.
Such as bullying, physical abuse, sexual abuse.

Poly-Victimisation emphasises different kinds, as opposed to multiple episodes of the same ‘victimisation’.

Question 23

Child victims & witnesses can have parental support, name 3 benefits of this.

Answer 23

Act as an appropriate adult.
Provide a support mechanism.
Provide advice & guidance.
Deal with any disciplinary issues.
Able to monitor child’s behaviour patterns.
Someone with them that they trust & feel safe with.

Question 24

When dealing with vulnerable victims should we ‘signpost’ them to 3rd party/external agencies?

Answer 24

Yes

Question 25

What third party agencies could we consider referring a vulnerable victim or witness to?

Answer 25

• Victim Support/Witness Care
• Public Protection Unit (PPU)
• Neighbourhood Watch
• Social Housing Providers
• Neighbourhood Policing Team (NPT)
• Crime Reduction Officers

Question 26

If referring vulnerable victims or witnesses to third party agencies what should we consider?

Answer 26

1. Seek their consent (where needed).
2. Consider their age*

(* young or elderly victims may be very nervous about involving ‘other’ agencies).

Question 27

What “Special Measures” are potentially available when a vulnerable victim/witness is giving evidence in court.

Answer 27

• Screen the witness from the accused.
• Evidence given by live TV link.
• Pre-Recorded video interview.
• Removal of wigs and gowns.
• Aids to communication.
• Use of an intermediary.

Question 28

When dealing with “eye witnesses” what does the mnemonic ADVOKATE refer to?

Answer 28

A : Amount of time under observation.
D : Distance from subject.
V : Visibility (Day/Night, Lighting etc).
O : Obstruction, to the witness view.
K : Known? (Seen before? When/Where?)
A : Any special reason for remembering subject?
T : Time Lapse (how long since witness saw subject?)
E : Error (or discrepancy between first and subsequent witness accounts).

Question 29

How are “restraining orders” different from Criminal Behaviour Orders?

Answer 29

• They are used in domestic situations.
(CBO’s relate to people of different households).

• They protect a named individual.
(CBO’s are used to protect anyone in England & Wales).

• Restraining Orders can be made on both conviction and acquittal.
(CBO’s can’t be made on acquittal).