Victims’ charity seeks support to uphold victims’ rights

Victim Support Scotland, Scotland’s leading national charity for victims, is urging MSPs to consider victim support and information needs in the Children (Care and Justice) (Scotland) Bill as the debate of Stage 3 of the Bill approaches on 24 April.

As the Bill has progressed through Parliament, the charity has consistently warned of infringement of rights when the offender is dealt with through the Children’s Hearing System instead of a criminal justice route. It has now taken independent legal advice which backs this view.

Whilst VSS recognises that progress has been made through current proposals and amendments, more can and should be done to uphold victims’ rights through the passing of this Bill and subsequent associated guidance and implementation.

Kate Wallace, Chief Executive of Victim Support Scotland, said:

“This Bill has brought to light significant issues regarding victims’ experiences, many of which victim support organisations have been raising for years.

“No matter how the perpetrator is supported – and to be clear, VSS is not arguing with that aspect – we at Victim Support Scotland are adamant that this should not negatively impact the support and information available to victims. The impact of a crime or harmful behaviour remains unchanged, regardless of the actions taken against the perpetrator.

“VSS has fought hard throughout this Bill to ensure victims are provided with essential information and support, against a backdrop of greater prevalence of more serious violent and sexual offences, including domestic abuse within this age group.

“We hear time and time again from victims about a lack of support and information regarding the progress of their case within the current system. There are already significant issues regarding the limited support, information, and safety planning currently available to victims. Our concern is that these will be exacerbated by the proposals regarding referral of cases involving 16- and 17-year-olds. We urge MSPS to back these amendments at Stage 3.”

The Scottish Government has committed to eradicating violence against women and girls. Victim Support Scotland is concerned that, particularly with the 16- and 17-year-old age group, proposals will disproportionately impact young women and girls who have experienced gender-based violence.

An amendment at Stage 2 Children (Care and Justice) (Scotland) Bill added provisions for risk-assessed and appropriate information sharing to victims. VSS maintains that it is imperative that this amendment is not watered down, but enhanced to provide adequate and appropriate support that victims deserve.

Kate Wallace, added:

“Although in theory information can be shared, we know that in practice uptake is concerningly low and, even then, it is more about process than the case itself. That’s why we need this legislative imperative to share information and offer support to keep victims informed and safe.

“We fully acknowledge that the Children’s Hearing System is set up to place the rights of the referred child as paramount.

“What we are advocating for here is that victims’ rights are not compromised, and that perpetrators’ rights are not prioritised over victim safety.”

As the Children (Care and Justice) (Scotland) Bill advances to Stage 3, Victim Support Scotland is asking MSPs to support amendments to protect victims’ rights. These include:

1. No compromise on or lessening of rights of victims of crime perpetrated by 16- and 17-year-olds
2. Automatic support and information to victims when the perpetrator is referred to the Children’s Hearing System
3. Establishment of a Single Point of Contact service to manage information sharing and support