Victim statement scheme
As from 1 April 2009 victims or relatives of serious crimes, will be given the opportunity to make a written statement that tells the court how the crime affected them – physically, emotionally and financially.
Victim statements will normally be given to the court if the accused pleads guilty, or is found guilty after a trial and will be considered before the accused is sentenced. A copy of any victim statement will be given to the defence at the same time. The Judge must take into account any victim statement when deciding on the sentence to be given.
As from 1 April 2009 the Procurator Fiscal (PF)Often just called the Fiscal. The Procurator Fiscal is the public prosecutor in Scotland. The PF is in charge of deciding whether someone should be prosecuted and what court the case should be heard in. The prosecution has the 'burden of proof' which means that they need to present enough evidence to prove 'beyond reasonable doubt' that an accused person is guilty. The PF prosecutes the crime on behalf of the Crown, and makes decisions in the public interest (see below). (see Crown Office) or VIAShort for the Victim Information and Advice service – Part of the Crown Office and Procurator Fiscal Service. VIA staff provide victims, witnesses and bereaved relatives in certain crimes with information about the court case and can put them in touch with support organisations. Officer for the area where the crime took place will send you an information pack. This will include a victim statement form and contact numbers for support agencies if you want extra help or advice about making the statement. It will also explain how a statement will be used.
It is up to you whether or not you make a victim statement. You do not have to make one. If you choose not to, information about the impact of the crime can still be brought out during the prosecution case.
More information about victim statements is available here. If you would like to order a free DVD that explains how to make a victim statement, please phone 0131 244 2213.
