Report to the People
24th February 2003

Giving Victims a Voice

When, towards the end of last year, plans were published to improve the way the High Court works, I remember writing in this column about the need for the criminal justice system to start showing victims a bit of respect.

Having made representations on behalf of a number of constituents who, after falling victim to crime, found themselves caught up in the criminal justice system, I know how dissatisfied and angered the legal bureaucracy can leave you.

To pick a quick example, I have fairly recently dealt with the cases of two victims of crime who had grievances against different aspects of the criminal justice system. Both felt at best ignored and at worst accused. Both were frustrated by a lack of information from the authorities. Neither believed their voice had been heard nor their feelings considered.

That’s bad enough in itself. But the really worrying thing is that these victims’ accounts relate to events which took place over a decade apart.

Change, therefore, is long overdue and since the Scottish Parliament was set up a number of welcome, if modest, steps have been taken – stopping alleged sex attackers personally cross-examining victims and providing better protection for vulnerable witnesses being two examples.

Last week, however, a heavy blow was struck for victims’ rights with the passing of the Criminal Justice (Scotland) Bill. A major piece of legislation, the 12 Part, 70 section Bill contains a number of measures to improve victims’ rights.

Victim statements, for example, are to be introduced. These give, for the first time, victims and their families a voice in justice system by allowing them to tell the court what effect the crime has had – and continues to have – on their lives.

One thing which haunts many victims is the thought of going to the shops, the pub or just for a walk and bumping into their newly-released assailant. The Bill therefore gives victims the right to information about the criminal’s proposed release. Victims will also be able to make representations to the Parole Board before a decision is made on that offender's release.

And, so that victims can have access to counselling and support, police powers to pass on information about a victim to nominated agencies will be extended.

I am proud to have been able to play my small part in improving a system which has let down many of my constituents. But having opportunities to listen to the problems their communities are facing, being able to draw general conclusions from that experience and acting upon them is one of the best privileges an MSP enjoys.

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