Chamber and committees

I refer the member to the answer to question S3W-23342 on 11 May 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx

Procurators Fiscal refer to Victim Information and Advice (VIA) staff in their office of all cases with victims, witnesses and/or families, who are eligible for the VIA service. This service is available to victims of, and witnesses to, crimes reported to the Procurator Fiscal which involve:

domestic abuse;

racial or religious aggravation;

sexual offences;

child victims and witnesses, and

crimes where any trial is likely to involve a jury.

The service is also available to the nearest relatives in cases of deaths which may involve criminal proceedings, or where there is to be a fatal accident inquiry or significant further inquiries and to vulnerable witnesses or victims who may need additional support. Referral to VIA is made once a decision has been taken to initiate criminal proceedings.

Victim Information and Advice will provide information direct to victims and witnesses aged 12 years and over. Where a child victim or witness aged seven to 11 years lives with a parent or guardian, VIA sends information to the parent or guardian to pass on to the child. The age of criminal responsibility in Scotland is currently eight years.

Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The views of the victim may, where known, be taken into account at the discretion of the Procurator Fiscal as one factor in the process of considering whether to accept any pleas which the accused is prepared to offer. Other factors include the nature and gravity of the offences charged, the likely sentence and the effect of adjusted pleas in avoiding the attendance and testimony of witnesses.

Victim Information and Advice (VIA) staff provide information to victims of, and witnesses to, crimes reported to the Procurator Fiscal which involve:

domestic abuse;

racial or religious aggravation;

sexual offences;

child victims and witnesses, and

crimes where any trial is likely to involve a jury.

The information provided to victims includes:

dates of court hearings;

decisions made about bail;

trial verdicts;

sentencing, and

the outcome of any appeal.

Victims receive the same level of information regardless of whether they are cited to give evidence at trial.

All new procurators fiscal receive training on domestic abuse during their induction training. This training provides them with a basic understanding of the dynamics of domestic abuse and the policy and practice which should be followed when taking decisions and prosecuting domestic abuse cases.

A comprehensive one-day training course on domestic abuse is also provided at the Scottish Prosecution College. That course is aimed at procurators fiscal, precognition officers and Victim Information and Advice (VIA) staff and includes input from the police and Scottish Women''s Aid. The course covers the power and control involved in domestic abuse, raises awareness of the different issues which can affect victims, explains the response from the police and prosecution staff and includes practical exercise sessions.

All victims of domestic abuse are referred to Victim Information and Advice (VIA) where proceedings are taken. VIA staff provide information to victims of domestic abuse following any key court hearings and when there is any other significant progress in a case. This includes:

dates of court hearings;

decisions made about bail;

trial verdicts;

sentencing, and

the outcome of any appeal.

In domestic abuse cases VIA will notify victims of the outcome of the case, where the accused is granted of any bail and the terms of any special bail conditions on the same day or within 24 hours of the accused appearing in court. Where an accused has been released from custody and VIA has been unable to contact the victim, the police will be asked to do so.

The shortcomings of the current UK quota management system has been recognised for a number of years. Indeed, many of the deficiencies with quota management, common across Europe, have also been highlighted in the European Commission''s recently launched consultation on the future of the CFP (Green Paper).

In considering the age at which it was appropriate for Victim Information and Advice (VIA) to send information on case progress direct to children and young people in their own right, Crown Office and Procurator Fiscal Service consulted with the Children''s Commissioner. This is also consistent with the Vulnerable Witness (Scotland) Act 2004 which presumes that a child witness is of sufficient age and maturity to form a view on special measures if aged 12 or older.

It should be noted that the proposed changes to the age of criminal responsibility will harmonise this.

All cases of domestic abuse are referred electronically to Victim Information and Advice (VIA) staff by the Procurator Fiscal who has marked the case for criminal proceedings. procurators fiscal are provided with guidance and training on the referral procedure and there is an electronic prompt when marking any case to remind staff to consider whether the case should be referred to VIA.