Widening the scope of the current victim statement scheme: consultation analysis

Background

In Scotland, victims of the most serious crimes may be eligible to make a victim statement^[1]. This is a written statement that gives a victim the chance to tell the court – in their own words – how a crime has affected them physically, emotionally and financially. In reaching their sentencing decision the Judge or Sheriff will take into account a number of different factors, reports and other information available to them, including the victim statement.

The list of offences in relation to which a statement can be made was prescribed in 2009^[2]. Since then a number of new, serious offences have come into force in Scotland in relation to which a victim statement cannot be made, for example stalking^[3] and the domestic abuse aggravation^[4]. In addition, the courts in which a victim statement can be taken into account are limited to solemn proceedings.^[5]

The consultation sought views on the current victim statement scheme and on proposed changes relating to:

• Extending eligibility to make a victim statement
• Other forms of victim statement
• Other ways the scheme could be improved