Only in the Inverness Courier
The Inverness Courier
12 March, 2010
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By David Stewart MSP
Published:  13 January, 2009

WHEN a crime is committed it is natural that we demand retribution against the offender. Yet while we focus on the criminal, the punishment and the crime, there is the chance that the victim can be overlooked. There is an underlying public assumption that when justice is served the needs of the victim are resolved.

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The reality is somewhat different. Putting ourselves in the place of the victims of crime we see in the pages of The Inverness Courier — elderly victims of antisocial behaviour; victims of assault or crimes of arson — we can only imagine the trauma they go through.

They can be subject to emotions including anger, annoyance, shock, fear, and low self-esteem, often leaving them vulnerable during the criminal justice process.

It is the responsibility of the system not just to punish perpetrators but to support, safeguard, compensate and guide victims through the process, while caring for the sensitive state they may be in.

In the next few weeks I am publishing a consultation document for a Bill which I believe would fill a gap in victims legislation and would bring about the creation of a Victims' Commissioner for Scotland who would act as a champion of victims' rights.

There is a Scottish Prisons Complaints Commissioner who fields complaints about the treatment of prisoners in jail and the about the legal system.

The Children's Commissioner has a limited remit of support for victims, but there is no commissioner dedicated to victims of crime in Scotland.

I have been directly involved in a case which exemplifies the problems of antisocial behaviour. A 68-year-old council tenant in Merkinch suffered for a year at the hands of a neighbour. It began with a complaint about loud music which escalated into harassment as the perpetrator persistently came to the constituent's door.

This is not an unusual story and fortunately, with the support of police and social services, the offending tenant has left.

It is unacceptable that anyone should fear for their own safety in their own home. This constituent told me that if a home was supposed to be a castle then this one needed some ramparts.

The use of terms such as antisocial behaviour fall off our tongues easily. Huge amounts of time and resources are spent by police and social services dealing with the effects, but the victims are often hidden — some of them scared to be in their own homes and who live with daily threats and actions which make their lives miserable.

If they are caught, those who perpetrate crime are dealt with by the justice system and sentenced, but their victims are often left to suffer in silence. Iona Spence

The victims of these crimes become immersed in a world where they simply should not be and are forced to find techniques to deal with their ordeals.

In Merkinch, my constituent kept a daily journal to log the events as they occurred, often had people to stay at the house so they could witness what was happening and has had to spend large amounts of time dealing with the council and the police in a bid to have the issue dealt with.

Often victims do not realise the long-term effects this has on their confidence. I am sure we would all accept that putting the best interests of the victim at the centre of our processes would help improve justice. Compassion, care and support must be considered in creating services to victims of crime. At the end of the day, it is not legislation on its own that can help a victim of crime recover emotionally, clean up the house after a break in or assist in daily chores after an injury.

The consultation asks for views on the range of powers a commissioner should have. These might include advocating on behalf of victims who have been mistreated in the criminal justice process and intervening when necessary if a victim has been mistreated in court. They might cover keeping under review the effectiveness of law and practice affecting the interests of victims (including health, education, and social services).

Working closely with services provided for victims of crime, providing advice to the Scottish ministers on matters concerning victims of crime, commissioning and undertaking research are other examples.

We should not underestimate the work already going on to support those affected by crime. The police perform invaluable tasks and Victims Support Scotland (VSS) is a charity that provides free emotional and practical support for victims of crime.

Indeed, these organisations work closely together with the police, automatically making referrals to VSS on contact with a victim.

According to the VSS annual report for 2007-2008, 91 per cent of all of the referrals to VSS are from the police, and the charity helps up to 75,000 victims a year. The issues concerning victims that arise throughout the criminal justice process can seem endless, but one body which has an overview of organisations and services that affect victims could monitor the delivery of those services, hold those organisations to account and, ultimately, produce the best service for victims.



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