You can visit our cookie privacy page for more information. Such a spokesperson could provide the VPS themselves if they are able to give first hand evidence of the matters , or nominate other suitable individuals who are able to provide a fair representation of the matters in question. Whilst we are keen to do what we reasonably can it has to be accepted that there are limits on what we can do. Guidance Victim Personal Statement. However, the scheme should not be extended to indirect victims, such as those who have suffered trauma due to witnessing an incident.
To help us improve GOV. It may help to inform decisions about the strength and credibility of evidence, the suitability of charge, and public interest factors. However, the scheme should not be extended to indirect victims, such as those who have suffered trauma due to witnessing an incident. Therefore, in addition to paragraphs 23 and 24 below, inspectors are only expected to consider this in the context of the way they go about conducting their investigation and the way the victim is kept informed of case progress. The VPS may, however, provide additional information that is relevant to the Court’s considerations on this matter. HSE is now adopting the scheme to give equal opportunity to victims of crime involving health and safety at work offences. PDF , KB , 10 pages.
Where the victim has made a previous VPS, the supplementary statement should normally include explanation of why they are making a second statement, for example because longer term health problems have only become apparent since making the first statement, the victim has suffered greater financial loss or been harassed or threatened by the offender.
This means that victims should be offered the opportunity to make a VPS at any time prior to the disposal of the prosecution case.
In practice, this means the strength of evidence of any causal link between a victim and an HSW offence may be fortuitous and will vary on a case-by-case basis. Related content Collection Victims and witnesses.
The victim personal statement (VPS) scheme
Published 11 November Last updated 13 September — see all updates. Inspectors do not need to collect evidence beyond that which they require for a full and proper criminal investigation, and for the purpose of taking appropriate enforcement action.
If a defendant is found guilty, (bps) court will take the VPS into account, along with all the other evidence, when deciding upon an appropriate sentence. In court proceedings, the VPS allows the court to take account of the consequences of the offence for the victim.
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Guidance is in the Enforcement Guide. Where prosecution results, and existing evidence shows a significant link, this should normally be presented to the court as an aggravating feature.
It will be necessary to take due account of this in the way each VPS is processed. Is this page useful? The police have adopted the scheme generally and they apply it to many victims of crime, including some victims of road traffic crime.
Victim Personal Statement
It may help to inform decisions about the strength and credibility of evidence, the suitability of charge, and public interest factors.
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. To help us improve Pdrsonal. Such a spokesperson could provide the VPS themselves if they are able to give first hand evidence of the mattersor nominate other suitable individuals who are able to provide a fair representation of the matters in question.
Thank you for your feedback. 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.
Inspectors should use their discretion on when to take a VPS from the victim. 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.
It is extremely leafley that the VPS will contain any such sensitive material, however, if it does, then it should be edited before sending to the defence.
This excludes conducting initial enquiries to inform the incident selection process. For example, this could be where a business has suffered due to a large-scale explosion originating from another business premises. This could be read very widely.
Case-specific advice may be obtained from the lawyer dealing with the case in Legal Adviser’s Office or the Solicitor Agent or counselor where there is no lawyer dealing with the case, from Legal Adviser’s Office via your directorate legal leafoet point.
This does not include any opinions of the victim as to what the sentence should be, which, if they are contained in the VPS, should be ignored. Home Crime, justice and law Victims of crime. At present, the scheme covers neither breaches of Health and Safety legislation nor breaches of the Corporate Manslaughter and Corporate Homicide Act In addition, in some cases there will not be a clear demonstrable causal link between a specific offence and the harm suffered by a possible victim.
Victims of crime can also be given the contact details of Victim Support.
A supplementary statement should start with the following words or similar:. The Victim Personal Statement VPS is important and gives victims a voice in the criminal justice process by helping others to understand how a crime has affected the victim. We also need to follow our incident selection criteria in deciding what cases we investigate and, therefore, which possible victims we engage with.
It is intended to give victims of crime a formal opportunity to say how the crime has affected them and to express their interests in case progress. In these circumstances inspectors should nevertheless seek to ensure, where possible, that there is sufficient information by way of VPS to address the matters mentioned in paragraph 14 of this OC. It will take only 2 minutes to fill in.