Multi-Agency Public Protection Arrangements (MAPPA): national guidance

14. Impact on Victims

Introduction

14.1 The primary focus of the MAPPA framework is the risk posed by, and the behaviour of, the offender. In assessing that risk, account needs to be taken of the possible impact of an offender's behaviour on victims of the original offence or offences, as well as steps to reduce the risk of further offending. Chapter 4 relates to the assessment and management of risk which in a MAPPA context should always consider victim safety issues as part of the development of a Risk Management Plan (RMP). This chapter gives a more general description of consideration of victims within the MAPPA processes.

Trauma Informed Practice

14.2 The Scottish Government's Mental Health Strategy (2017-2027) acknowledges the need to ensure that interventions for people involved in the justice system are informed by an understanding of the impact of trauma.

14.3 The Scottish Government have produced the Trauma-informed practice: toolkit (2021) as part of the National Trauma Training Programme, to support all sectors of the workforce (including justice agencies) in planning, developing, and delivering trauma-informed services. This helps ensure that services are delivered in ways that reduce barriers and prevent further harm or re-traumatisation for those who have experienced psychological trauma or adversity at any stage in their lives (both in relation to the needs of individuals accused or convicted of offences, and victims). This toolkit, along with NHS Education Scotland's Transforming Psychological Trauma framework, should be taken into account when working with individuals in the justice system.

Impact on victims

14.4 The potential risks posed to an individual who has been the victim of an offence committed by an individual managed under MAPPA will depend on a range of factors, including the nature of the original offence, the relationship between the offender and the victim and the current location of the victim. It should be noted that offences, and certainly serious offences, can have wide-ranging impacts, not only on the individual who was offended against but also on family members etc. This should be taken into account in any relevant assessments.

14.5 Where there is, or was, an established relationship between the victim and the offender, great care has to be taken to assess the likelihood of the offender attempting to contact the victim. Any assessment needs to consider, amongst other things, the proximity of the victim and offender and the chances of them meeting, inadvertently or otherwise.

14.6 Even when an offence was apparently random and it is deemed unlikely that an offender may seek to contact a particular victim, the possibility of meeting the individual can be extremely distressing. Consequently, as part of the MAPPA process, consideration should be given to minimising victims' anxiety and, where appropriate, providing reassurance.

14.7 The focus of MAPPA is on reducing the risks posed by the offenders being managed under these arrangements, this includes specific focus on reducing the risk of further offending. Therefore, risk assessments should seek to identify anyone who is at risk from the offender. In some cases, these may not be known individual(s) but people who are vulnerable by virtue of their location, age, gender, race, religion, sexuality or other distinguishing characteristic.

Rights of Victims

Victim Notification Scheme – Offenders Within the Prison System (includes but is not limited to, offenders managed under MAPPA)

14.8 If the offender has been sentenced to 18 months or more in prison, the victim can choose whether or not to register with the Victim Notification Scheme which is administered by the Scottish Prison Service. The scheme has two parts and victims can opt into one or both parts.

14.9 Part 1 entitles victims to receive information about the offender's:

• Release.
• Date of death, if they die before being released.
• If they are transferred to a place outwith Scotland.
• Eligibility for temporary release (for example, for training and rehabilitation programmes or home leave in preparation for release).
• Escape or absconding from prison, young offenders institution.
• Return to prison or young offenders institution for any reason.

14.10 Part 2 of the scheme entitles victims to make representations about the release of an offender including Temporary Release:

• When the Parole Board for Scotland is due to consider an offender for release, the victim will be given the opportunity to send written representations to the Board.
• Victims of life sentence prisoners are able to give oral representations by meeting with a member of the Parole Board before the case is considered.
• When the Scottish Prison Service (SPS) is considering an offender's release on Home Detention Curfew (HDC), the victim will be given the chance to send written representations to SPS.
• When SPS is considering an offender for Temporary Release the victim will be given the opportunity to send written representations to SPS on the first occasion only. For victims of offenders given a life sentence, the victims will be given the opportunity to make representations in writing, orally or in person.
• Where the offender has been transferred from prison to hospital for mental health care and treatment, the victim will be given the opportunity to send written representations to the offender's Responsible Medical Officer before they suspend the offender's detention in hospital for the first time without supervision.

14.11 The victim will be told whether the Parole Board recommends or directs the release of the offender from prison or hospital and they will notify the victim of any licence conditions attached to the licence that relate to them or their family. In the same way, SPS will notify the victim of a decision to grant HDC or temporary release and inform them of any licence conditions attached to the HDC or temporary release licence that relate to them or their family.

14.12 In cases where the victim has died, the VNS allows information to be shared with up to four of the victim's nearest relatives. The list of eligible relatives and the hierarchy of priority is set out in section 14(10) of the Criminal Justice (Scotland) Act 2003. This legislation provides a lawful basis for the disclosure of information to victims (within the limits set out in the Act).

14.13 If the offender has been sentenced to less than 18 months in prison, the victim cannot join the VNS as described above – but they are still entitled to be informed, on request, when the offender is released, or in the event that the offender escapes. To request such information, the victim should contact SPS.

Tel: 0131 330 3664

Email: SPSVictimNotificationScheme@sps.pnn.gov.uk

Victim Notification Scheme - Mentally Disordered Offenders (administered by the Scottish Government)

14.14 This Victim Notification Scheme for mentally disordered offenders was introduced in September 2017 as a result of the Mental Health (Scotland) Act 2015. In terms of MAPPA this scheme relates to mentally disordered offenders who are subject to a compulsion order with a restriction order. This means that they will be detained in a secure hospital for treatment 'without limit of time'.

14.15 Those who have been a victim of an offence committed by a mentally disordered offender can, if they wish, register for this scheme to receive information about these offenders and to have the opportunity to make representations before certain decisions are made about them.

14.16 There are two parts to the scheme and victims can opt into either part 1 or part 2, or both parts.

14.17 If they choose to join Part 1, they can be told:

• that the compulsion order to which the offender is subject has been revoked;
• that the restriction order to which the offender is subject has been revoked;
• where the compulsion order or the restriction order has been revoked, that the decision to revoke it—
  • is under appeal, or
  • cannot competently be appealed against and is therefore final.
• the date of the offender's death;
• that the measures specified in the compulsion order have been varied;
• that the offender has been transferred to a place out with Scotland;
• that the Mental Health Tribunal has made an order conditionally discharging the offender;
• the terms of any conditions that are relevant to the victim that the Tribunal impose on the offender on conditional discharge; and
• that the Scottish Ministers have recalled the offender to hospital.

14.18 Where the compulsion order authorises the offender's detention in hospital, victims can also be told:

• that the offender is unlawfully at large from hospital;
• that the offender has returned to hospital having been unlawfully at large;
• that a certificate has been granted, for the first time, under the Mental Health Act which suspends the offender's detention and does not impose a supervision requirement; and
• that the certificate mentioned in bullet point above has been revoked.

14.19 If they choose to join Part 2, they will be given the opportunity to make representations before a decision is made:

• by the offender's Responsible Medical Officer about granting for the first time a certificate which suspends the individual's detention in hospital and does not impose a supervision requirement;
• by the Tribunal when considering an application or reference in respect of an offender subject to a compulsion order and restriction order, to:
  • make no order (maintaining the status quo);
  • revoke the compulsion order;
  • revoke the restriction order;
  • vary the measures given in the compulsion order;
  • grant conditional discharge imposing certain conditions; and
• by the Scottish Ministers to impose, alter or remove a condition imposed by the Tribunal on conditional discharge which is (or would be) relevant to the victim.

14.20 Victims may not receive all of the above information or be able to make representations if:

• decisions were taken about an offender before the scheme began; or
• exceptional circumstances make it inappropriate to provide information; or
• an offender returns to Scotland after having been transferred outwith Scotland.

14.21 The persons eligible to take part in the scheme are:

• victims aged 12 years and over against whom the offence was perpetrated;
• a parent or carer of a victim where the victim is a child under 12 years;
• the highest listed near relative of the victim if the victim is incapacitated;
• any or all of the four highest listed near relatives of a victim where the victim has died; and
• if the victim died before reaching 16 years, any other person who cared for the victim immediately before the offence.

14.22 The list of eligible relatives and the hierarchy of priority is set out in section 14(10) of the Criminal Justice (Scotland) Act 2003. Victims can withdraw from the scheme any time they wish by contacting:

Tel. 0131 244 0160

Email: vns@gov.scot

14.23 More information about the Victim Notification Scheme for mentally disordered offenders is available on the Scottish Government Website.

Support and Information for Victims

14.24 Even in cases that date back many years, victims may be supported by a support organisation, and may find it helpful to have that organisation involved if agencies are in contact with them about the MAPPA process. Even if victims are not being currently supported, it may be helpful to consider suggesting the involvement of a support agency when victims are being approached, particularly if the victim is vulnerable. For example, Victim Support Scotland, Scottish Women's Aid and Rape Crisis Scotland services offer support to victims, but there are a range of other agencies that might be involved in providing practical and emotional support to victims.

14.25 More information about victims' rights and available support can be found in the Victims' Code for Scotland, which is published under the Victims and Witnesses (Scotland) Act 2014 and is available at: Victims' Code for Scotland. There is also an easy read leaflet version of the Victims' Code available for people with learning difficulties and is available at: Victim's Rights - Easy Read Leaflet.

14.26 In addition, victims and witnesses are entitled to a certain level of support and information from the organisations they deal with in the criminal justice system. This is set out in the Standards of Service for Victims & Witnesses. These Standards explain what victims and witnesses can expect to happen at each stage of the criminal justice process, the standards of service they can expect, and who they can contact for help or advice.

14.27 These standards are based on the main principles of the Victims and Witnesses Act (Scotland) 2014, and the EU Victims' Directive. Sections 2 and 3 of Victims and Witnesses Act (Scotland) 2014 requires Police Scotland, the Parole Board for Scotland, the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service and SPS to set and publish annually these Standards of Service for Victims and Witnesses.

14.28 In addition to voluntary agencies, the Victim Information & Advice (VIA) service within the Crown Office and Procurator Fiscal Service (COPFS) provide a specific support and information service to victims and witnesses of crimes reported to the Procurator Fiscal (PF) which involve:

• All victims in Solemn cases;
• All victims in Domestic Abuse cases;
• All victims in Stalking cases;
• All victims in all Sexual Offences cases;
• All victims in trafficking cases;
• Victims in cases where a crime has been committed because the offender thinks that the victim is of a particular race, religion, sexual orientation, transgender identity or is disabled;
• All child victims;
• All victims who are considered vulnerable in terms of the Criminal Procedure (Scotland) Act 1995; and
• Any victim where a member of staff believes the victim would benefit from VIA involvement.

14.29 They can also assist the nearest relatives in cases of deaths which may involve criminal proceedings, or where there is to be a Fatal Accident Inquiry (FAI) or significant further inquiries, or where vulnerable witnesses or victims may need additional support (because of, for example, language, circumstances or disabilities).

14.30 To increase transparency and openness in parole procedures and decisions the Parole Board (Scotland) Amendment Rules 2021 brought into force on 1 March 2021 amendments to the Parole Board (Scotland) Rules 2001. The amendments provide for:

• The safety and security of victims and victim's families to be taken into consideration by the Parole Board when considering the release of an offender;
• A specific procedure for victims to observe parole hearings; and
• The publication of redacted and anonymised summaries of the Parole Board's decisions to release an offender with a copy of the summary being sent to any registered victims in relation to the case, before the summary is published.

Conclusion

14.31 The role for MAPPA is to ensure that the risk assessment and risk management plan developed by the Responsible Authorities for the offender takes full account of the known concerns of any specified victim(s). The Responsible Authorities must satisfy themselves that they have thoroughly considered the potential risks to which any victim may be exposed, and put in place appropriate plans to minimise the likelihood of the offender causing further serious harm.

14.32 The sharing of information relating to the victim(s) by the Responsible Authorities plays a central role in making this aspect of the MAPPA process successful. Such an approach should, for example, minimise the likelihood of an offender being accommodated within the same neighbourhood locality as a victim. Where appropriate, reassurance should be provided, especially to victims of the original offence. Clearly, contacting victims in any circumstances, particularly those most vulnerable, will be a sensitive matter which requires careful handling and a trauma informed approach should always be taken.