Victims Taskforce minutes: November 2023

Attendees and apologies

• Cabinet Secretary for Justice & Home Affairs, Angela Constance (Co-Chair)
• Lord Advocate, Dorothy Bain KC (Co-Chair)
• John Logue, Crown Agent, Crown Office and Procurator Fiscal Service (COPFS)
• Catriona Dalrymple, Interim Director of Justice
• Vicki Bell, Law Society of Scotland (LSS)
• Danielle McLaughlin, Scottish Courts and Tribunals Service (SCTS)
• Joe Duffy, Manda Centre
• Ann Fehilly, ASSIST
• Mary Glasgow, Children 1st
• Scott McLellan, Scottish Prison Service (SPS)
• Michael Meehan, Faculty of Advocates
• Marsha Scott, Scottish Women’s Aid (SWA)
• Colin Spivey, Parole Board for Scotland (PBS)
• Kate Watson, Private Office (SG)
• Bill Fitzpatrick, Community Justice Scotland
• Lynn Burns, Victims’ Voices representative
• Iris Quar, AMIS
• Martin Maclean, Police Scotland, Acting Detective Chief Superintendent
• Elisa Bevacqua, COSLA
• Andrew Watson, Director for Children and Families

Apologies

• Oona Brooks, Scottish Centre for Crime and Justice Research (SCCJR)
• Linda Brown, Criminal Injuries Compensation Authority (CICA)
• Eric McQueen, SCTS
• Anil Gupta, COSLA
• Alistair Hogg, SCRA
• Karyn McCluskey, Community Justice Scotland
• Kate Wallace, Victim Support Scotland (VSS)
• Sandy Brindley, Rape Crisis Scotland
• Teresa Medhurst, Scottish Prison Service (SPS)
• Rebecca Aitken, SG

Other attendees

• Caroline Bruce, NHS Education for Scotland (NES)
• Tirion Seymour, VSS
• Catherine Docherty, Journey Associates

Secretariat – Scottish Government/COPFS

• Alisdair Macleod, COPFS
• Jonathan Wright, Equality and Social Justice (SG)
• Anna Donald, DD: Criminal Justice, SG
• Jennifer Watson, SG: Forensic Mental Health Policy
• Lindsey Henderson, SG
• Sarah-Jane Smith, SG
• John Wallace, SG
• Pamela Stott, SG
• Rhianna King, SG
• Sarah Meanley, SG
• Alan Jackson, SG
• Matthew John, SG

Items and actions

Chairs’ welcome, minutes and matters arising

The Lord Advocate welcomed members to the meeting and noted apologies.

Members were referred to Paper 1 - Draft minutes of meeting of 1 June 2023.

It was noted that all actions were complete or are ongoing.

The minutes of the previous meeting were agreed.

Victim/Survivor Advisory Board to the Victims Taskforce

The Cabinet Secretary noted thanks to those with lived experience who have participated in the Victim/Survivor Advisory Board (VSAB). The importance of the issues tracker was highlighted as it ensures that concerns raised at VSAB are followed up on. Anna Donald and Lynn Burns were invited to speak to papers 2 & 3.

Anna referred to Paper 3 - Victim-Survivor Advisory Board - Issues Tracker - revised - November 2023; and made clear that the issues tracker is a living document and may need adaptations in future to ensure best function in communicating between VSAB and the Victims Taskforce (VTF). 

Anna gave thanks for the work that has gone into updating the tracker to date and acknowledged Sandy Brindley (Rape Crisis Scotland) for her work on the redesign. It was noted that the tracker is a work in progress so feedback from members on the design is welcome. 

The Scottish Government (SG) recognise the importance of bringing lived experience into the development of policy and the VSAB is a key mechanism for that. 

Lynn Burns asked how the issues tracker is updated and if there is mechanism for justice agencies to feed in. Anna clarified that the SG is a conduit for engagement and checks in with justice agencies to feed back into the tracker.

Lynn  referred members to the discussion questions in Paper 2 - Victim Survivor Advisory Board - Update paper, and asked if there were any questions on this.

Marsha Scott (SWA) noted that the next steps may be for justice agencies to respond to the issues that are raised in the issues tracker. SWA have heard from victims consistently that floating trial diets contribute to trauma. Marsha suggested that the courts work with victims to identify a better solution other than floating trial diets.

Mary Glasgow (Children 1st) – raised that visibility of child victims and their needs is consistently an issue and requested that this be added to the issues tracker.

Vicki Bell (LSS) suggested adding an outline of the options a person has to pursue complaints against defence solicitors. In the tracker, the process of complaints against a prosecutor is included but not for the defence. 

Lynn asked how it is known that victims and survivors feel safe and well informed. Anna noted that wider work is ongoing on the development of feedback loops to ensure more involvement of the VSAB and those with lived experience. The aim is to build into existing areas of data collection in the justice system and perhaps include a module in the Scottish Crime and Justice Survey to ask specific question on an individual’s experiences of the system to ensure they are picked up.

In relation to child victims, SG is keen to reflect the issues in the tracker and to look for ways to pick up on this elsewhere. 

Workstream update: Victim Centred Approach

Colin Spivey (PBS) highlighted that the aim of the Victim Centred Approach workstream is to identify costed solutions to enhance victims’ and survivors’ experience of the criminal justice system. 

Colin requested feedback on the propositions outlined in Paper 4 - Workstream 1 - Victim Centred Approach - Update paper. These propositions will be explored further at a workshop taking place next week.

Catherine Docherty (Journey Associates), gave a presentation summarising the Victim-centred Approach to Justice in Scotland: Scoping and Modelling Project, as set out in Paper 4.

Catherine noted that four key themes were identified as follows:

• criminal Justice agency considerations
• victim Support organisation considerations 
• directly engaging victims and survivors
• barriers to a victim-centred approach

‘As Is’ Mapping workshop took place in July to identify what the current victim/survivor journey of the criminal justice system looks like. 

It was found that the criminal justice system is seen to be complex and it is not always fully understood what level of support for victims and survivors is available across agencies – there is a need to build this understanding.

After consulting a range of victims/survivors of all crime types, it was highlighted that:

• the criminal justice system is inconsistent, outdated and biased towards the defendant
• referrals need to be improved and there is confusion between Victim Information and Advice (VIA) and Victim Support Scotland (VSS)
• support for victims and survivors is important
• appropriately trained staff are critical to a Victim Centred Approach – training should be across all staff levels
• no clear pathway through the criminal justice system 
• constructive feedback should be an option – some may not wish to submit a formal complaint
• multiple delays are traumatising 

Catherine referred members to the full list of propositions for change as set out in Paper 4. These propositions are not confirmed yet as discussions are still ongoing. Hope to finalise options in May 2024.

On conclusion of the presentation, Catherine requested any feedback from members. 

The Lord Advocate noted her thanks to those who have worked on the research project to date.  

Lynn Burns agreed that that the lack of opportunity to give constructive feedback to criminal justice agencies is an issue and hearing feedback is key to making change.

The Crown Agent noted that on court delays, considerations need to be made on the perception of repeat adjournments. Agreed that there is potential to make further reform and would welcome the opportunity for discussion. 

Marsha stated that there has been an increase in giving evidence by commission but it is not as widely available for rural communities and funding seems to be the barrier. Marsha suggested that VTF could take this up. The Lord Advocate is aware that this is an issue and welcomes further work on it from VTF.

Ann Fehilly (ASSIST) reiterated that communication across the criminal justice system is an issue and more consistency is needed.

Danielle Mclaughlin (SCTS) noted that the findings mirror those of the sexual offences review led by Lady Dorrian. As a result, some of the points picked up in the research are already being addressed within that context, perhaps providing opportunities to learn or expand upon to support the Taskforce work.

Vicki Bell raised that the nature of cross examination is more distressing as it comes as a surprise. May need further support that focuses on the process of cross examination/questions from defence.

Workstream update: Trauma Informed Workforce

Lindsey Henderson (SG) referred members to Paper 7 - Workstream 2 -  Trauma Informed Workforce - update paper. Lindsey stated that the Trauma Informed Justice: A Knowledge and Skills Framework for Working with Victims and Witnesses was launched in May 2023. SG have provided further funding to NHS Education for implementation.

It was noted that Jessica Macdonald from SCTS has moved on from her previous role so will not be chairing this workstream any longer. Lindsey suggested having a short term SG chair until a replacement is agreed.

Caroline Bruce (NES) provided an update on the work that NES has been doing. A workstream meeting took place in summer 2023 to consider where organisations currently are and what they currently do in relation to the Framework. Found that many organisations already do some of the work outlined in the Framework and that different organisations are at different stages. 

NES working with organisations on implementation and support.

Caroline noted the Roadmap was published recently. This outlines 9 key pillars of what we need to do to ensure trauma informed systems. Work is ongoing with criminal justice agencies.

Caroline emphasised the importance of feedback loops.

NES developing e-learning modules based on the Framework.

The Cabinet Secretary gave thanks to Jessica MacDonald her for work as chair and asked for members’ thoughts on replacement.

Marsha Scott emphasised the importance of training in gender competence and noted that understanding domestic abuse and sexual assault is key as it makes up 25% of cases in the justice system. Marsha offered to assist with this.

Workstream update: Communications

The Lord Advocate introduced this item and noted that it was agreed at the VTF meeting in June 2023 to create a new communications workstream. This is the first update on this workstream.

Lindsey Henderson referred members to Paper 8 - Workstream 3 - Improving communications for victims - update paper.

At this point, there is a draft terms of reference for this new workstream and have asked members for organisations willing to join. Members include -  ASSIST, Criminal Injuries Compensation Authority (CICA), COPFS, Police Scotland, Scottish Children’s Reporter Administration (SCRA) and SG. Would welcome further nominations to be part of this group.

Lindsey noted that the workstream does not currently have a chair and that SG can provide a chair in the interim, but would welcome an external chair.

Lindsey noted that the draft remit does not yet make reference to the Victim Notification Scheme Review (VNS) as SG are currently considering a response. This can be included at a later date. 

It was agreed that members are content with the draft remit and the approach to the VNS Review.

The Lord Advocate requested nominations for inclusion in the workstream. SCTS, Parole Board, Lynn Burns volunteered.

The Crown Agent open to COPFS chairing the group and would welcome discussion on this.

Anna Donald noted that discussions have taken place at the Criminal Justice Board on the ongoing communications work. Anna offered to go back to the Board to drive engagement and tie in with developing this workstream.

Scottish Government Update

Anna Donald referred members to Paper 9 - Scottish Government update, which reflects that there is a variety of ongoing work that drives forward the agenda for victims and witnesses.

Key legislative programme includes; Victims, Witnesses, and Justice Reform (Scotland) Bill, Bail and Release from Custody (Scotland) Bill, Children (Care and Justice)(Scotland) Bill. All have provisions relating to victims and witnesses.

Discussions on anonymity relating to child victims are ongoing.

Bairns Hoose is making progress.

SG are currently considering a response to the VNS Review.

Violence Prevention Framework published this year – discussions ongoing. 

Anna highlighted that there is a consultation on the permanency of measures that were put in place during COVID recovery legislation. Members are encouraged to share this and consider if there are other changes that should be taken forward in this legislation.

Marsha Scott raised concerns around the lack of progress on virtual trials and asked for advice on how to take this forward in legislation. Anna responded that a previous consultation had indicated that there was not a need for specific legislative change for benefits for victims to be realised.

Danielle Mclaughlin stated that SCTS’ domestic abuse and trauma informed aware model is focusing on the virtual platform. Acknowledged that there are challenges with engagement with defence in virtual trials but SCTS are taking all steps possible to encourage and support engagement. Reiterated that specific legislative change is not required to support engagement and see the benefits of this model, but it would not be unwelcome either.

Vicki Bell stated that the Law Society Scotland had engaged in discussions on the previous consultations. The outcome of these conversations were positive with the caveat that SCTS tech needs to be improved. Vicki emphasised that it is important to consider choice when giving evidence – if legislative steps are taken, it would have to be flexible.

Danielle McLaughlin noted that SCTS has had positive responses from those who have used virtual trials but informed choice is important.

Vicki Bell suggested adding the option of a virtual trial to the list of special measures offered to victims and witnesses.

AOB

No other business was raised.

Secretariat will be in touch regarding the date of the next VTF meeting.

The Lord Advocate closed the meeting and thanked members for their attendance.

Actions log 

• Vicki Bell to provide SG with information/material on the process of complaints against defence
• SG to liaise with Children 1st on the visibility of child victims
• COPFS and Colin Spivey/Kate Wallace to have a discussion on court delays
• Caroline to liaise with Jodie McVicar / Marsha Scott at SWA on how we best make links between training in gender competence and in training in trauma as resources are developed
• SG to confirm chairs for communications workstream
• Anna Donald to raise communications workstream with Criminal Justice Board to drive engagement