The court will take the statement into account when determining sentence. However, the scheme should not be extended to indirect victims, such as those who have suffered trauma due to witnessing an incident. The inspector should ensure that the contact details towards the back of the leaflet are completed. The statement should therefore contain the necessary details to ensure this is the case, e. If a defendant is found guilty, the court will take the VPS into account, along with all the other evidence, when deciding upon an appropriate sentence. The Victim Personal Statement VPS gives victims the opportunity to explain how the crime affected them and their family, and what the impact of release will be. Published 11 November Last updated 13 September — see all updates.
Guidance on how to operate the VPS is given in Appendix 1. Guidance is in the Enforcement Guide. The facts of each case need to be considered, and the procedure can become complex, particularly in relation to unused material. The Victim Personal Statement gives victims an opportunity to explain how the crime has affected them, physically, emotionally, psychologically, financially or in any other way. Find out more about cookies or hide this message.
To manage expectations, the victim should, from the outset, be made aware of the limitations of the scheme leafler respect to HSW offences. Where the VPS contains information on how the victim wishes to be kept informed of case progress this should be taken account of, but this does not mean that inspectors are expected to adhere to unrealistic demands that the victim may choose to include in the VPS. See the ‘Translating and Interpreting’ section of the ‘Information’ website on the Intranet.
If inspectors are asked about making a victim statement during the investigation, the victim should be informed that they will be invited to vicfim a (vvps) by the Procurator Fiscal once a decision has been made to take the relevant case to trial.
In any event, any relationship between a victim and an offence being prosecuted should be clearly and accurately presented to the court. You can visit our cookie privacy page for more information.
OC /12 – The victim personal statement (vps)scheme. Version 2
To help us improve GOV. This website uses non-intrusive cookies to improve your user experience. At present, the scheme covers neither breaches of Health and Safety legislation nor breaches of the Corporate Manslaughter and Corporate Homicide Act It should be noted that even if a Solicitor Agent, or other legal adviser, is employed to advise and assist, responsibility for all aspects of disclosure remains with those appointed to fulfil the appropriate roles, e.
In exceptional circumstances, a corporate entity may also be a victim. This applies whether or not the witness statement is voluntary LP70or taken using our s20 powers LP7. Guidance on how to operate the VPS is given in Appendix 1. At a later stage it will be necessary to decide the extent to which it is fair to take the VPS into account during the approval process and, if prosecution is approved, if and how it is fair to present the ‘victim’ to the court.
Victims of crime can also be given the contact details of Victim Support.
The Home Office has formulated the following prompts to suggest what information the victim might wish to include:. Where risk is identified, the VPS scheme encourages the investigator to consider ways in which they may be able to help alleviate the distress or suffering of the victim.
Victim Personal Statement
It is extremely unlikely that the VPS will contain any such sensitive material, however, if it does, then it should be edited before sending to the defence. Inspectors do not need statemsnt collect evidence beyond that which they require for a full and proper criminal investigation, and for the purpose of taking appropriate enforcement action. We also need to follow our incident selection criteria in deciding what cases we investigate and, therefore, which possible victims we engage with.
A spokesperson should generally be nominated by, or in any event by agreement with, the victims concerned.
A guidance leaflet is available on the Scottish Government website.
Victim Personal Statement
Whilst we are keen to do what we reasonably can it has to be accepted that there are limits on what we can do. The ISB gives you the opportunity to set out the impact that a crime has had on the business such as direct financial loss, and wider impacts, e. If the victim does not wish to make a VPS, no inference should be drawn from this.
You can make an ISB to the police at the same time as they take statements about the alleged offence or download an ISB form and send the completed form to your police contact. The Victim Personal Statement VPS gives victims the opportunity to explain how the crime affected them and their family, and what the impact of release will be. Maybe Yes this page is useful No this page is not useful Is there anything wrong with this page?
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Guidance is in the Enforcement Guide. Therefore we may not be able to show that the harm resulted from a crime.
The victim personal statement (VPS) scheme
Home Crime, justice and law Victims of crime. In addition, in some cases there will not be a clear demonstrable causal link between a (vs) offence and the harm suffered by a possible victim. If an inspector identifies a corporate victim, and it wishes to make a VPS, the corporate entity should nominate a representative to complete the VPS describing how the business has been affected by the incident.