About

Diversity Proofing Progress Chart - Victims and Vulnerable Witnesses

VICTIMS, WITNESSES AND VULNERABLE ACCUSED

POLICY

STATUS

HOW WAS IT DIVERSITY PROOFED?

WHAT EFFECT DID DIVERSITY PROOFING HAVE?

HOW WILL THE IMPACT OF THIS POLICY BE MONITORED?

1. Travellers: prosecution policy (as contained in relevant circulars)

Ongoing

Diversity proofing tool will be used. Diversity issues covered in existing diversity guidance. To be considered by the EAG during 2006.

Will be reviewed by the end of 2006.

2. Sexual Offences and Review

Review report published July 2006

Implementation to commence end 2006

This was proofed as part of the COPFS Review on Sexual Offences.

Members of the Equality Network were on the Review Group.

Final report submitted to EAG for impact assessment of implementation of recommendations.

Implementation and guidance to staff will be informed by Diversity Proofing and EAG input.

Evaluation mechanism as part of implementation project

Continuous proofing of guidance and training.

3. Non-harassment orders

Diversity proofing tool used. Diversity issues covered in existing diversity guidance.

Diversity issues identified are fed into the policy and draft materials.

Will be reviewed by September 2006.

4. Race Equality proofing of chapter 15 of the Book of Regulations (policy on mental disorder)

Chapter 15 currently under revision (new legislation).

Chapter being diversity proofed as it is revised using the Diversity proofing tool. Diversity issues covered in existing diversity guidance.

Any diversity issues identified to be taken on board at the drafting stage of the revised chapter.

Will be reviewed by April 2007.

5. Domestic abuse - National Protocol between COPFS/ACPOS and review of Chapter 22

Was reviewed in June-August 2004 and in December 2006

Chapter 22 is currently being revised (new legislation).

Impact assessment using the Diversity Proofing tool and the EAG.

a) Terminology considered; b) a common definition needed for monitoring and measuring crime statistics; c) the gender issues associated with Domestic Abuse.

Reviewed by end of 2006.

6

. Victims and Witnesses:

6.1 Book of Regulations - Chapter 22

Chapter 22 reviewed in June-August 2004.

Diversity Proofing Tool used.

Diversity Team and Equality Advisory Group consulted.

Examples of vulnerable witnesses and support agencies extended.

Agreed future work on:
requirements of vulnerable witnesses rather
needs; and clarifying distinction between interpretation and translation.

Will be reviewed by April 2007.

6.2 Being a Witness Booklets

Draft booklets, going to court information and associated citation letters

Material assessed using Diversity Proofing Tool and EAG

Comments on impact noted for future review

Will be reviewed and further impact assessment carried out by April 2007.

Service user feedback invited using questionnaire and pre-paid envelope.

6.3 COPFS/WS Protocol

Revised protocol operational from 1st December 2006

Assessed using DPT and submitted to EAG.

Protocol revised to be more accessible and fair and to take account of all vulnerable witness categories and witnesses who are otherwise disabled or have particular needs.

7

.Accessible Information:

7.1 Interpreting, translation and transcription: review of Handbook on Interpreting and Translation issues;

Chair of WGIT (Working Group on Interpreting and Translation) that has members from across the Scottish Criminal Justice System which is developing ways to vet interpreters and to monitor the quality of interpreting.

EAG updated regularly on progress

Consultation and training with SASLI and Scottish educational establishments for interpreters.

Emphasis on improving things for criminal justice partners and for interpreters.

Will be reviewed by April 2007.

Language Line statistics available

Use of Interpreter statistics available

7.2 Interpreting protocol;

WGIT draft Protocol issued for consultation

Draft Protocol submitted to EAG for full impact assessment - August 2006

Protocol revised to give greater emphasis on diversity issues - accepted by WGIT

Publication pending

7.3 Accessible publications and leaflets

Initial guidance to staff issued July 2006

DPT applied. Consultation with RNIB, RNID, SAIF. Guidance due to be submitted to the EAG for impact assessment in Feb 2006

Comments awaited

Monitoring mechanism for translated and transcribed documents to be developed - review annually

7.4 Translation Request Form

Revised and operational by September 2006

Document submitted to EAG

Form extended to include Gaelic and other accessible formats. Policy on use revised and guidance issued to staff.

8. Children (building on the review in 2002 by departmental Race team) and further proofing of Chapter 16

Currently being revised (new legislation).

Diversity Proofing Tool will be used.

Near final draft will be forwarded to the EAG for comments.

Will be considered in light of EAG comments.

9

. Family Liaison Protocol

Draft report of review of Protocol - issued to ACPOS for consultation

Will be assessed by Diversity Team using DPT and submitted to EAG

Comments awaited

Further review to be considered

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10. Disclosure Policies: Chapter 17 - to take account of FOI, Data Protection and new policy on giving reasons

Currently being revised.

Diversity proofing tool is being used to proof the chapter as it is being revised. Diversity issues covered in existing diversity guidance.

To be assessed at conclusion of review.

11. Visually Recording Joint investigative interviews with children

Pilot ongoing.

Will be proofed at conclusion of pilot.

Will be considered at conclusion of pilot.

12. Vulnerable Witnesses (S) Act 04

VWA Phase 1 training and guidance completed Dec 05

Phase 2 guidance published in March 2006

Phase 2 training in progress

Phase 3 and 4 training planned for 2007

Diversity issues explored by the Victim Working Group and Policy Division (in particular as regards identifying vulnerability). Guidance materials have been assessed using the diversity proofing tool.

Input from various external organisations, and collaboration with SE, has informed content of guidance and training material

The implementation of phase 2 of the VWA is being monitored and assessed in relation to adult vulnerable witnesses and diversity issues will be considered as part of the monitoring process.

13. Transgender People in Court

Draft guidance issued for consultation process

Draft considered with DPT and submitted to EAG for full assessment

Guidance amended to reflect accurate terminology with reference to EOC and EU Gender Directives