Victim Notification Scheme (VNS): independent review

Section 7: The Purpose of the Victim Notification Scheme

The mygov.scot website^[2] says the following about the Scheme:

"In some criminal cases, victims have a right to get information about the release of a prisoner.

They also have a right to be told when the prisoner is considered for parole, and to make written representations (comments) about their release to the Parole Board for Scotland.

Prisoners can be sent to hospital if the court thinks they need treatment for a mental disorder. Or, if they're already in prison, they can be moved to hospital under a transfer for treatment direction.

If this happens, victims can make written representations about the prisoner's first unescorted temporary release from hospital.

This is called the Victim Notification Scheme. If you're eligible, it's up to you if you want to register or not."

The Victims' Rights (Scotland) Regulations, made in 2015, require authorities to take such measures to assist a victim to understand the information given and to be understood. Communications are required to be as clear and easy to understand as possible and to take into account any of the person's characteristics which may affect their ability to understand and be understood. Authorities must also allow a person to be assisted under these circumstances if required, unless deemed to be contrary to their interests or prejudicial to any criminal proceedings.

We found that in several stakeholder conversations, this question of what the purpose of the VNS is arose, with varying opinions on what that might be and to what extent it achieves its legislative aims. When this question was put to the practitioners' workshop, the following responses were made on the purpose:

• "To provide victims and survivors with information at appropriate points in an offender's sentence. To be supportive and empathetic, but also explain to victims they may only have information which directly affects them. It is principally an information scheme, but also a gateway to support."
• "A trauma-informed service enabling victims to have the appropriate information to support their safety."
• "To uphold victims' rights by providing the right information at the right time in an accessible, trauma-informed way, with access to support."
• "To provide the appropriate information at relevant points, compassionate, user-friendly and clear, providing choice regarding communications, addressing safety concerns."

We agree that the following are essential for the Scheme to function effectively:

• An accurate and timely information service with ways to access support as needed
• Easy access, responsive and tailored to the needs of the victim, clear and straightforward
• Trauma-informed
• A service which keeps the needs of the victim at the forefront, particularly concerning personal safety
• A service which helps the victim to feel they have been recognised and have some control

The Victims' Code serves as a clear benchmark for how victims should expect to be treated. We have looked at feedback and complaints processes in Section 31. Our enquiries have identified there are still shortcomings in this area.