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Publication - Independent report

Victim Notification Scheme (VNS): independent review

Published
12 May 2023
Directorate
Justice Directorate
Topic
Equality and rights, Law and order, Public sector
ISBN
9781805256267

Report of the independent review of the Victim Notification Scheme (VNS). The VNS provides eligible victims information about an offender’s release, and the chance to make representations about parole decisions.

View supporting documents Supporting documents

Section 15: Process maps for existing VNS processes

In this section, we have also included a high level process map for the victims of mentally ill offenders subject to CORO. A more detailed process map is attached at Appendix G, which outlines the complexity of the process.

Victim Notification Scheme: Victims Of Offenders Sentenced To -18 Months: High Level Process Map (Current)
This is a process map for current victim notification where an offender has been sentenced to fewer than 18 months in prison. The victim is only able to ask SPS in writing for information. If they do that, SPS will check court papers to make sure the victim is eligible to receive information. If the victim is not eligible, SPS will write to tell them. In this situation, or if the victim decides not to request information, the victim can choose to contact a VSO for support. If the victim is eligible, SPS will send them a letter with the relevant information about the offender. The victim can choose to contact a VSO to discuss support.
Victim Notification Scheme: victims of offenders sentenced to 18+ months - High level process map (current)
This is a process map for current victim notification where an offender has been sentenced to more than 18 months in prison. The COPFS Victim Information and Advice Service will send an application form to eligible victims. If the victim is not sure about applying, they can contact a VSO for support. They can also contact a VSO for support if they decide not to apply. If the victim decides to apply, they decide if they want to receive information (Part 1 of the VNS) and/or make representations (Part 2 of the VNS). They send the appropriate forms to SPS, who registers them on the scheme. If the victim moves, they need to tell SPS their new address. For Part 1 of the VNS (notification), the Parole Board will advise SPS if they are considering the release of an offender. SPS will write to the victim if the offender is being released. The victim can consider the information and approach a VSO for support if they want to. For Part 2 of the VNS (representations) the Parole Board or SPS consider the decision to release. SPS will write to the victim to let them know of the pending decision to release. If the victim decides not to make representations, they can approach a VSO to ask for support. If the victim wants to make representations, they can do so orally or in writing. Silent attendance means the victim can view the hearing if they want to.
Victim Notification Scheme: Victims Of People In The Forensic Mental Health System: Compulsion Order & Restriction Order (Current)
This is a process map for current victim notification where a compulsion order and restriction order (CORO) is made in relation to a person. After the CORO is made, COPFS checks the victim’s eligibility. They send a pack of leaflets and forms to the victim. If the victim decides to apply, they decide if they want to receive information (Part 1 of the VNS) and/or make representations (Part 2 of the VNS). If a CORO has been made, the victim returns the completed application form to the SG VNS Admin Team, who complete the registration. The SG VNS Admin Team notified relevant parties that the new victim has registered and what information they must provide in relation to the patient. Victims registered to make representations can do so before: • First occasion of unescorted Suspension of Detention • Mental Health Tribunal Hearings • Variation of relevant conditions of discharge The SG VNS Admin Team will provide the relevant information to the victim.
Victim Notification Scheme: Victims Of People In The Forensic Mental Health System: Hospital Direction Or Transfer For Treatment Direction (Current)
This is a process map for current victim notification where a Hospital Direction (HD) or Transfer for Treatment Direction has been made in relation to a person. A custodial sentence is made, and this may be subject to an HD at the point of sentence. COPFS check the victim’s eligibility and send a pack of leaflets and forms to the victim (some pre-completed). If the victim decides to apply, they decide if they want to receive information (Part 1 of the VNS) and/or make representations (Part 2 of the VNS). If a custodial sentence was handed down, the victim sends the selected form to SPS, which will confirm their eligibility. If the victim is eligible, SPS will register them. SPS will notify the SG VNS Admin Team where an HD is made with a registered victim. If there is an HD the victim will be aware that the offender is in hospital. After SPS complete registration, the SG VNS Admin Team will provide information to the victim about where the offender absconds and on return, date of death, transfer outwith Scotland or the first occasion of unescorted suspension of detention is considered, granted or revoked. The Responsible Medical Officer/Restricted Patients Team share information with the SG VNS Admin Team who will then write to SPS or the victim. Victims registered to make representations can do so before the first occasion of unescorted suspension of detention (SUS). If the HD ends and the individual returns to prison, SPS will provide information to victims (see the process maps for offenders held in prison). Scottish Ministers are responsible for making TTDs. These enable a patient to be transferred to hospital for care and treatment of their mental disorder. If a TTD is made with a registered victim, SPS will notify the SG VNS Admin Team. The victim is not advised of the TTD transfer until the first occasion of unescorted SUS is being considered. SPS continue to administer the scheme. SPS will receive information from the SG VNS Admin Team and tell the victim if the offender absconds and on return, date of death, transfer outwith Scotland or on the first occasion unescorted SUS is being or has been considered. After that the SG VNS Admin Team will provide this information, as well as when the first occasion of unescorted SUS is considered, granted or revoked. If the TTD ends and the individual returns to prison, SPS will provide information to victims (see the process maps for offenders held in prison).

Contact

Email: VNSReview@gov.scot

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