Victims' Right to Review: report, Complaints Handling and Feedback: follow-up
The Inspectorate of Prosecution in Scotland's report on the Victims' Right to Review and a follow-up report on Complaints Handling and Feedback.
Footnotes
1. The Right to Review was introduced into Scots Law by Section 4 of the Victim and Witnesses (Scotland) Act 2014.
2. VRR gives effect to the principles laid down in Article 11 of the European Directive 2012/29/ EU on establishing minimum standards on the rights, support and protection of victims of crime: Article 11 enables victims to verify that a correct decision has been made not to prosecute by the prosecuting authorities.
3. Excludes death reports.
4. Performance Statistics – 'No action cases reported to COPFS' – http://www.copfs.gov.uk/publications/statistics
5. RIU statistics.
6. As specified in the Lord Advocate's Rules – see paragraph 1.
7. Prosecutor is defined as Lord Advocate, Crown Counsel or Procurator Fiscal
9. A financial penalty offered to an accused by the prosecutor instead of prosecuting in court. If the fine is paid the accused does not go to court or get a criminal conviction but the fine is recorded for 2 years and can be referred to if they offend again.
10. A warning offered to an accused by the prosecutor instead of prosecuting in court. If accepted the accused does not go to court or get a criminal conviction. The warning is recorded for 2 years and can be referred to if they offend again.
11. All exceptions are listed in the Lord Advocate's rules.
12. While responsibility for handling such correspondence rests with RIU, there is a degree of liaison between the Ministerial Private Office and RIU in co-ordinating responses.
13. Also referred to as the "Wednesbury" test as the factors to take into account were set out in the case of Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 K.B. 223 at page 233.
14. CPS introduced the Victims' right to Review Scheme in June 2013 and it has been incorporated in the PPSNI Code since it was established in 2005: Victims of Crime: Requesting a Review of a Decision Not to Prosecute.
15. See Annex A.
16. See Legal Obligations at pages 10-12 in IPS Thematic Report on the Management of Time Limits.
17. CPS, The Code for Crown Prosecutors.
18. For example restorative cautions, informed warnings and youth conferences.
19. As at 20 November 2017.
20. All cases, where there was a decision to overturn the original decision in this period, were included in the sample.
21. Factors taken into account by prosecutors in making decisions, including the interests of the victim, accused and the community.
22. Documents that may be used in evidence.
23. The end of the time limit is commonly referred to as the "time bar." See Annex A for more detailed explanation.
24. All specialist prosecutors and case preparers involved in sexual cases must go through a system of accreditation which must be completed within three months of taking up a specialist post. This involves: completion of mandatory e‑learning and attendance at compulsory training courses and demonstrating competency by submitting cases to be assessed against the required standards.
25. Lauchlan and O'Neill [2014] HCJAC 62.
26. Individual communication strategy tailored to each victim.
27. COPFS contact centre that fields early stage queries and complaints.
28. Accused is kept in custody by the police when reported to the Procurator Fiscal.
29. Accused is released on condition to appear at court on a certain date.
30. Scottish Government Victims' Code: https://www.mygov.scot/victims-code-for-scotland/
31. All offences where the police must keep records of conviction and offenders on a Police National Computer, including convictions, cautions, reprimands and warnings.
32. Persons identified as vulnerable, persistently targeted or victims of the most serious crime.
33. A joint PPS/Police Service unit to improve the experience of victims and witnesses in the criminal justice system.
34. Discussed at paragraph 67.
35. More serious assaults involving, for example, serious injury.
36. Discussed at paragraph 55.
37. A public accessible witness website which would allow secure access to case progress, information and statements.
38. S147(1) of the Criminal Procedure (Scotland) Act 1995.
39. S136(1) of the Criminal Procedure (Scotland) Act 1995.
40. Management of Time Limits thematic report para 37 http://www.gov.scot/Publications/2015/02/1907
41. S38 of the Criminal Justice and Licensing (Scotland) Act 2010.
42. See paragraph 103.
43. An independent person who safeguards the interests of a vulnerable person by ensuring they are treated fairly and understand and participate effectively.
44. An organisation that provides support and information services to victims and witnesses of crime in Scotland.
45. A document for relatives that sets out the timescales and type of information they can expect to receive during the different stages of an investigation, criminal proceedings or fatal accident inquiry arising from a death.
46. S136(2) of the Criminal Procedure (Scotland) Act 1995.
47. S136(1) of the Criminal Procedure (Scotland) Act 1995.
48. S147(1) of the Criminal Procedure (Scotland) Act 1995.
49. Criminal Procedure Act 1701n (c.6); see also Herron v A.B.C. & D., 1977 S.L.T. (Sh.Ct.) 24.
50. S65 of the Criminal Procedure (Scotland) Act 1995.
51. S65(1)(a), unless the hearing has been dispensed with under s72B of the Criminal Procedure (Scotland) Act 1995 (High Court) or s65(1)(aa) of the Criminal Procedure (Scotland) Act 1995 (Sheriff Court).
52. S65(1)(b) of the Criminal Procedure (Scotland) Act 1995.
53. S66(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 (Sheriff Court) or s66(6)(b) of the Criminal Procedure (Scotland) Act 1995 (High Court).
54. S72 of the Criminal Procedure (Scotland) Act 1995.
55. S66(6)(a)(i) of the Criminal Procedure (Scotland) Act 1995.
56. S65(4)(a) of the Criminal Procedure (Scotland) Act 1995.
57. S65(4)(aa)(i) of the Criminal Procedure (Scotland) Act 1995 (High Court) or s65(4)(b)(i) of the Criminal Procedure (Scotland) Act 1995.
58. S65(4)(aa)(ii) of the Criminal Procedure (Scotland) Act 1995 (High Court) or s65(4)(b)(ii) of the Criminal Procedure (Scotland) Act 1995.
59. S65 (4) (a) and (aa) of the Criminal Procedure (Scotland) Act 1995.
60. S65 (1A) (a) and (b) of the Criminal Procedure (Scotland) Act 1995.
61. S65 (3) and (5) of the Criminal Procedure (Scotland) Act 1995.
62. HMA v Fitzpatrick 2002 SCCR 758.
63. S65(8) of the Criminal Procedure (Scotland) Act 1995.
64. The Carloway Review published November 2011. Paragraph 7.2.6 http://www.gov.scot/resource/Doc/925/0122808.pdf
65. E.g. eyewitness evidence identifying the accused as the perpetrator of the offence.
66. Otherwise known as "indirect", i.e. evidence of a fact ( e.g. fingerprint) or facts from which another fact ( e.g. presence of accused at the scene) may be inferred.
67. Walker & Walker: Evidence (1st ed) para 380, p402 et seq; (3rd ed) para 5.2.2.
68. http://www.gov.scot/about/public-bodies/ipis/reps
69. See report for complete list of Key Findings.
70. Introduced by s4 Victims and Witnesses (Scotland) Act 2014 which came into force on 1 July 2015.
71. Source: RIU spreadsheet – 27/01/2015: Includes complaints that would now be recorded as VRRs.
72. Process of resolving complaints at the initial point of contact.
73. RIU Statistical Information 2017-18.
74. Three geographical Federations – the East, West and North; and a National Federation comprising of a number of specialist units.
75. Cases dealt with in the Sheriff or Justice of the Peace Court before a judge without a jury.
76. Cases dealt with in the Sheriff Court with a jury.
77. COPFS, Complaints Handling Procedure September 2017.
78. See Complaints and Comments page of COPFS website.
79. Responsible for the oversight of performance and delivery of targets, efficiency of front line operations and co-ordination of engagement with key stakeholders.
80. RIU Statistical Information 2017-18.
81. 10 cases.
82. 12 cases.
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