Victim Notification Scheme (VNS): independent review

Section 26: Events which trigger notifications under the VNS

Section 6 of this report outlines the criteria laid down whereby a victim is entitled to notification. The 2015 amendment introduced a process of entitlement to limited information for offenders sentenced to under 18 months. In considering rights and entitlements, we must also be mindful of the rights of an offender and the privacy and safety of all concerned must be a prime consideration. There is no case for victims to have unrestricted disclosure of information about an offender, whilst we recognise that withholding some details, such as a release address, will cause victims anxiety and frustration.

Having looked at other models where notification entitlements are wider, we have reviewed the scope of events which might trigger notification. We do not propose to change the fundamentals of the scheme, i.e. we agree that the scheme should only apply post-conviction and only to custodial sentences. We have considered the 18 month custody threshold, under which notification entitlement is restricted to release or escape. We do not propose to change the qualifying period, but we do propose that notification be extended to death in custody pre-release and in the case of a transfer outwith Scotland.

We have outlined a number of instances where the provisions around mental health notifications need amendment. We also consider that the rule on the first instance of temporary release should not be restricted to the first instance only.

We recommend that a victim should be notified if any instance of temporary release might bring the offender into close proximity with their victim.

Issues such as day release as part of a rehabilitation process do not need to be notified routinely on each occasion; we suggest that the creation of a liaison team to explain that in person to a victim would be able to allay victim fears in this regard.

Recommendation 15. Criteria under 18 months and release. Section 26

We recommend that for sentences under 18 months, notification criteria be extended to include death in custody and transfer outwith Scotland.

We recommend that in any instance of temporary release, where the offender might come into close proximity with the victim, that notification be made and that the 'first release only' provision be amended.