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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

Appendix G: Flow charts for CORO VNS

Initial Processes
This is a process map of initial steps where a CORO has been imposed. Where a CORO is imposed, suspension of detention will allow the offender to spend time outside the ward or hospital grounds with or without a supervision requirement. A victim will be informed of the first occasion of unescorted suspension of detention (SUS). If an offender dies while the CORO is in place, the SG VNS Admin Team will tell the victim the date of death. If the offender is transferred outwith Scotland, the SG VNS Admin Team will tell the victim the date of the transfer as soon as practicable after it occurs. In practice the VNS ceases to operate where the CO or RO is revoked. The victim will remain registered in the scheme but unless the patient returns this has little practical impact. If the patient absconds the SG VNS admin team will advise the victim if the patient is unlawfully at large for longer than 48 hours. The SG VNS Admin Team will tell the victim if the patient is returned to hospital.
Parts 1 And 2 – Next Processes
This is a process map of next steps in Parts 1 and 2 of the CORO VNS. Where a victim is registered for Part 1 of the CORO VNS, they will be informed by the SG VNS Admin Team that the Responsible Medical Officer (RMO) has granted SUS for the first time. The victim will be told by the SG VNS Admin Team if the certificate granting unescorted SUS for the first time is revoked. Where a victim is registered for Part 2, they will be contacted by the SG VNS Admin Team to be given the opportunity to make written representations to the RMO before a decision is made. Victims will be told by the SG VNS Admin Team that certificate granting unescorted SUS for the first time has been revoked. If unescorted SUS is not granted and the victim has said they want to be told after a decision is made, the victim will be told about that decision. The SG VNS Admin Team will contact victims again about the first occasion of unescorted SUS. Victims will be told by the SG VNS Admin Team if the certificate granting unescorted SUS for the first time is revoked.
Parts 1 And 2 – Operation On Review Of Case By Mhts
This is a process map for operation of the CORO VNS when the MHTS reviews the case. The Mental Health Tribunal for Scotland will review a patient’s case at least every two years. If a victim is registered for Part 1, the SG VNS Admin Team will tell them once a decision is made by the Tribunal. If a victim is register for Part 2, the victim will be contacted by the Tribunal to be asked to make representations to the Tribunal (either oral or written). The victim will also be told by both the Tribunal and the SG VNS Admin Team once a decision is made by the Tribunal. The Tribunal has the power to make various decisions. If the Tribunal decides to make no order (e.g. maintain the status quo) the victim will be told by the Tribunal that no order has been made, and by the SG VNS Admin Team that a decision has been made by the Tribunal. If the Tribunal revokes the CO, the RO will cease to have effect as well. Victims will be contacted by the Tribunal and the SG VNS Admin Team to be advised that the CO has been revoked. If the Tribunal revokes the RO, the CO will remain in place and can be varied. Victims will be told by both the Tribunal and the SG VNS Admin Team that the RO has been revoked. If the CO or RO is revoked, victims will be informed by the SG VNS Admin Team where the decision is under appeal, or cannot competently be appealed against and is therefore final. Where the decision is appealed, victims will be told of the decision of the Court of Session or the Supreme Court. The VNS will no longer apply. If the Tribunal grants a conditional discharge that imposes certain conditions, the CO and RO will remain in place. Victims will be told by the Tribunal that the patient has been granted conditional discharge, and by the SG Admin Team of any conditions that are relevant to them.
Parts 1 & 2 – Process During Events Occurring During Conditional Discharge Or Variation Of Conditions
This is a process map for the CORO VNS where there is a conditional discharge or variation of conditions. Victims registered on Part 1 will be informed by the SG VNS Admin Team of any varied conditions of discharge that are relevant to them. If the patient dies while on conditional discharge, the victim will be told the date of death by the SG VNS Admin Team. If the patient is transferred outwith Scotland, the victim will be told as soon as practicable about the transfer after its takes place by the SG VNS Admin Team. The VNS no longer has practical effect after this. If the patient absconds, victims will be notified by the SG VNS Admin Team if the patient remains unlawfully at large for longer than 48 hours. Victims will also be informed by the SG VNS Admin Team if the patient returns to hospital. The Scottish Ministers can vary (impose, change, or remove) a condition of discharge, and to recall a conditionally discharged patient to hospital. Victims will be informed by the SG VNS Admin Team once the patient is recalled to hospital. This means the CORO is imposed again. Victims registered on Part 2 will be contacted by the SG VNS Admin Team to be given the opportunity to make written representations to the Scottish Ministers before a decision is made to vary any conditions of discharge that are relevant to them. Victims will be informed by the SG VNS Admin Team of any varied conditions of discharge that are relevant to them. Where conditions are not varied, if the victim has intimated a wish to receive information following a decision having been taken, then the victim will be informed that the decision has been taken.

Contact

Email: VNSReview@gov.scot

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