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About this guide About the VPS Taking a VPS How the VPS works in practice More information 01 03 07 16 24
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Over 60 per cent of those who made a VPS felt it had a positive effect on their experience of the Criminal Justice System.
Witness and Victim Experience Survey data
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By supporting victims to make a VPS, you are also helping to: place them at the centre of policing make the victim feel more involved in the handling of their case use views expressed by victims to inform decisions on bail and bail conditions identify direct intimidation or fear of intimidation and mitigate it build public confidence in the Criminal Justice System overall. Criminal justice practitioners As a criminal justice practitioner, your role is to make sure that the VPS is a core piece of information that is used to inform a range of decisions, including bail and compensation.
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Taking a VPS
In this section, youll find out more about how and when to take a VPS.
Who can make a VPS?
All victims of a crime have the opportunity to make a VPS if they want to. It is very important that you offer every victim the chance to make a VPS. The VPS is designed to support an individual victim and is not a scheme for large companies or businesses (although it does apply to small businesses see below). A VPS can also be made by: bereaved relatives or partners in homicide cases bereaved relatives or partners in fatal road traffic cases leading to criminal action parents or carers where the primary victim is a child or vulnerable adult owners or managers of small businesses such as shops.
Bear in mind that victims may be in a state of shock or anxiety when you take their VPS. Make sure that you carefully explain the purpose and limitations of the VPS. Do all victims have to make a VPS?
Not every victim will want to make a VPS. Every victim is affected in a different way and wants to express what they feel in a way they are comfortable with. For example, since the VPS is disclosed to the defence, some victims may not want to talk about the impact of the crime against them. Even though you must fully explain the scheme to every victim, you must not put any pressure on a victim to make a VPS. Make sure they know that they can make one at a later date if they want to. However, take note that many defendants plead guilty and are dealt with at the first hearing. If this happens, there will be no opportunity for the victim to make a VPS later in such cases. This needs to be made clear to them.
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Its also important that you do not draw any conclusions if a victim decides not to make a VPS. It wouldnt be right to assume, for example, that the victim is unaffected by the crime because they choose not to make one. In some cases, a victim might simply use the VPS as a way to register their wish for victim support. This is perfectly acceptable.
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If the suspect is a young person 9. If the suspect is a young person, a Youth Offending Team practitioner will look at the victims VPS and other case papers to examine the impact the offence has had on the victim. The practitioner then uses this information to contribute to the pre-sentence report, which is used by the court to help determine the most suitable method of dealing with an offender.
It is important to stress to the victim that, even though the court will consider the effect that the crime has had on them (along with all the other evidence in the case), the court will not take into account their opinion on how the offender should be punished. Key prompts to help advise the victim on how to make a VPS
The VPS is the victims chance to: explain in their own words how the crime has affected them, either physically, emotionally, financially or in any other way express legitimate concerns, such as feeling vulnerable, fearful, intimidated or worried about the alleged offender being granted bail say if they intend to seek compensation if so, please note that youll also need to complete form MG19 and remind the victim that there will be a need for some evidence to support their compensation claim request referral to Victim Support or to other agencies who might help them. The VPS must not include the victims opinion about how the offender should be punished. That is for the magistrate or judge to decide.
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If the victim is a child You need to explain to the child as well as their parents or carers what a VPS is, in a way theyll understand. In the first instance, offer the child the opportunity to make a VPS. If the child is very young or learning disabled, you should consider consulting the parent or carer about whether they, the child or both of them should make the VPS. If a VPS is taken at the same time as the main witness statement, the VPS should be taken in the same format (either written or video-recorded). However, if a VPS is taken at a later stage, it should always be taken in a written format unless there are exceptional circumstances. Remember to ask which parent or carer the police should contact in future. More guidance on Victim Personal Statements for child witnesses is available in paragraphs 2.1242.129 of the Achieving Best Evidence guidance at http://frontline.cjsonline.gov.uk If the victim is a vulnerable adult Explain to the victim what a VPS is. In the first instance, offer the victim the opportunity to make a VPS. If it would be more appropriate for the carer to provide a VPS, you should consult the carer about whether they, the victim or both of them should make the VPS. If a VPS is taken at the same time as the main witness statement, the VPS should be taken in the same format (either written or video-recorded). However, if a VPS is taken at a later stage, it should always be taken in a written format unless there are exceptional circumstances. Remember to ask which carer the police should contact in future. More guidance on Victim Personal Statements for vulnerable adults is available in paragraphs 3.1463.150 of the Achieving Best Evidence guidance at http://frontline.cjsonline.gov.uk
A victim can make a statement at the same time as they give their main witness statement, at a later date, or at both times.
10 Victim Personal Statements
Remember, some victims might not want to make a VPS about how the crime has affected them. This is perfectly acceptable and you should not draw any conclusions if they dont.
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If the victim decides not to make a VPS If the victim decides not to make a VPS, you need to remind them that they can change their mind and make one later on if they want to. To do so, they just need to contact you at the contact number you have provided on the back page of the Making a Victim Personal Statement leaflet. If the victim objects to their personal details being passed on to other criminal justice agencies or to Victim Support, you should record this on the witness statement. You also need to explain that they can change their mind later on if they want to.
Make sure that the victim knows that they shouldnt delay making a VPS longer than necessary. If a defendant pleads guilty at the first hearing, the defendant may be sentenced before the victim has made a VPS.
When the victim is not able to make a witness statement There are circumstances when the victim may not be making a witness statement (for example, the bereaved next of kin of homicide or road traffic collision victims). In these cases, the bereaved can make a VPS at a later stage (see opposite). Similarly, in road traffic collisions a witness statement may not always be taken on an MG11 form. However, a VPS should be taken if a crime is suspected and the victim was injured.
It is important that a victim knows how to get in touch with you. The correct contact details should be clearly stamped or handwritten on the back page of the Making a Victim Personal Statement leaflet.
What happens next? The victim signs form MG11 The VPS is, like the main witness statement, subject to Section 9 of the Criminal Justice Act 1967. This means that when the victim signed the witness statement declaration, that declaration also covered the VPS.
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The VPS will be disclosed to the defence It is important that the victim understands that their VPS will form part of the case papers. So if the case goes to court, the VPS will be disclosed to the defence (which means that the defendant and their lawyers will see it). The court or the defence could ask the victim questions about the content of their VPS to clarify or challenge certain points. The victim cannot withdraw the statement Once the statement is completed and signed, a VPS (like any other formal statement) cannot be altered or withdrawn if the victim has second thoughts about what they have said. However, a victim may submit a further personal statement to offer clarification or correct anything said in the statement.
Once you are contacted by a victim, it is important that you make the arrangements to take the VPS as quickly as possible.
Remind the victim of the key points You should remind the victim about the key points of the VPS and make sure that the victim understands what it means to make a statement (as outlined in the box Talking to victims about the VPS on pages 8 and 9). You also need to make sure that the victim understands that they cannot withdraw their VPS, and that it will be disclosed to the defence if the case goes to court.
A guide for police officers, investigators and criminal justice practitioners 13
Use the standard MG11 form A later-stage VPS should always be taken in written format, and on a new MG11 form unless there are exceptional circumstances. You need to submit the form to the CPS, making sure that it includes the necessary details so that it can be correctly linked with the case papers. Ask the victim to read and sign the declaration at the start of the statement. The words are similar to those of the declaration on a VPS taken at the same time as the main witness statement: I have been given the Making a Victim Personal Statement leaflet and the Victim Personal Statement scheme has been explained to me. What follows is what I wish to say in connection with this matter [in addition to what I said in my previous Victim Personal Statement]. I understand that what I say may be used in various ways and that it may be disclosed to the defence. But if this is the victims first statement, delete the words in addition to what I said in my previous Victim Personal Statement.
Before you take a later-stage VPS, check on the progress of the case. If the CPS has already charged a suspect, you may need to contact the CPS to see whether there are any case-handling issues to keep in mind. This is because the CPS is now responsible for the case.
Ask the victim to explain why they are making a statement You also need to ask the victim to briefly explain why they are making a statement. This could be because: the longer-term effects of the crime are only now becoming apparent there has been a lesser or greater financial loss they wish to express legitimate concerns, such as feeling vulnerable, fearful, intimidated or worried about the alleged offender being granted bail.
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Three weeks after the incident, Salim decided to make a second VPS: I have been given the Making a Victim Personal Statement leaflet and the Victim Personal Statement scheme has been explained to me. What follows is what I wish to say in connection with this matter, in addition to what I said in my previous Victim Personal Statement. I understand that what I say may be used in various ways and that it may be disclosed to the defence. Since my first VPS, I have felt increasingly nervous about my job. I couldnt work for the first week while my car was being repaired. Once I started working again, I constantly feared that I would be insulted or assaulted, or that they would try to run off at the end of the journey without paying the fare. I was convinced that every passenger would become violent or threatening towards me. I stopped picking up young people. I also started steering clear of certain locations that I felt were dangerous places where people would be drinking or where there would be a lot of young people. I stopped driving when it became dark. As a result, the money dropped to about half the amount that I used to make. I felt, and I still feel, like a constant target because Im Asian. Ive now come to a point where Im afraid of going to work, and Ive been off work for the past two weeks. I have recurring nightmares and I dont want to go out late at night. I have a wife and three children and Im the sole breadwinner. I cant afford to stay away from work, but my anxiety makes it impossible for me to go back. I am hoping that I may be compensated for my car repairs, as well as the time that Ive taken off work.
This girl was wounded by four other females, all her friends. The girl was known to us shed been in a lot of trouble before so I didnt think the assault had affected her. But when I read her VPS, I realised that it really had. I think the statement made her feel like she was taken seriously, like she was understood and respected.
Police officer
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Robert Robert was assaulted a few streets away from his house in Chester last November. The assault was unprovoked, and Robert did not know the attacker, who ran off when a cab driver turned into the street. Robert was admitted to hospital and detained overnight. The following statement was taken the day after the assault. I have been given the Making a Victim Personal Statement leaflet and the Victim Personal Statement scheme has been explained to me. What follows is what I wish to say in connection with this matter. I understand that what I say may be used in various ways and that it may be disclosed to the defence. The assault took place near my home, and has left me shocked and in fear. Im in a lot of pain and have to take pills to try and ease it. My body aches continuously and sleeping is difficult because of the pain. I cant see properly because of the cuts and bruises around my eyes. Every time I close my eyes I see the man who attacked me. Then I feel so frightened. I thought he was going to kill me and I dont know why. I dont want to leave the house in case he sees me and attacks me again. But Im scared to be home because the man could be somewhere nearby. I dont know how Im going to get on with life.
Four weeks following the assault, Robert decided to make a further statement. This was to record the effect the crime had had on him in the time following the attack.
I have been given the Making a Victim Personal Statement leaflet and the Victim Personal Statement scheme has been explained to me. What follows is what I wish to say in connection with this matter, in addition to what I said in my previous Victim Personal Statement. I understand that what I say may be used in various ways and that it may be disclosed to the defence.
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I was admitted to hospital overnight after the attack. I suffered the following injuries: cuts to both my eyebrows which resulted in five stitches to each cut bruising and swelling to both my eyes and face bruising to my chest headaches and general pain and discomfort to my head and upper body. This lasted for a three-week period and I had to take regular painkillers. (Please view the full medical report.) Since the incident I have been suffering from the following effects: Health Recurring nightmares relating to the attack. I frequently dream that I am being punched and kicked, and have been shouting out in my sleep. Prior to this incident I have always slept soundly. When I am at home alone I have to check that the doors and windows are locked because I am afraid someone will break in and attack me. This is making me feel paranoid. I constantly feel very anxious and nervous. I had to call out the GP five days after the attack as I was having panic attacks and feeling unsteady on my feet. Social I am afraid to walk the short distance to my sisters house, or go into town on my own, in case my attacker sees me and attacks me again. I no longer go out at night for the occasional drink with work colleagues as I am afraid to stay out after dark. I have become withdrawn and quiet since the attack, and spend most of my time at home now. This has had a detrimental effect on my relationship with my wife. Employment I had to take two weeks off work due to the injuries that I sustained during this attack. I was physically unable to carry out my work during this time.
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This girl had her camera and phone stolen from her bag. When I was called in, I didnt think much of it just a kid whod lost her phone. But she wrote a VPS about the pictures that were on her camera and how much they meant to her, and it made me understand. The case went to court and the VPS was used there.
Police officer
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More information
For more information about the VPS, please visit the CJSonline and Frontline Matters websites.
Other leaflets that you may find useful
Lord Chief Justice Practice Directions to the legal profession on the VPS www.hmcourts-service.gov.uk/cms/933.htm Information from the Parole Board on the VPS www.paroleboard.gov.uk/victims_and_families/making_a_victim_ personal_statement Information from the CPS on the VPS www.cps.gov.uk/victims_witnesses/reporting_a_crime/victims_personal_ statement.html
Useful organisations
Victim Support Victim Support is an independent charity which helps people cope with the effects of crime. Victim Support provides free and confidential support and information to help victims deal with their experience. Go to www.victimsupport.org.uk Call the helpline on 0845 30 30 900 Witness Care Units The Witness Care Units provide a single point of contact for the majority of victims and witnesses to minimise the stress of attending court and to keep victims and witnesses up to date with any news. Witness Care Units are jointly staffed by the police and the CPS. Go to www.cps.gov.uk/news/fact_sheets/witness_care_units
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Published by the Office for Criminal Justice Reform in October 2009. Product code: VPS/GUIDE/09 Reference: 291251 Crown copyright 2009