VIA to support Religious Crime Victims
1 November 2006
VIA TO SUPPORT RELIGIOUS CRIME VICTIMS
The Solicitor General, John Beckett QC, today announced that the Crown Office's Victim Information and Advice (VIA) service is to receive automatic referrals in all cases where an offence against an individual is alleged to have been aggravated by religious prejudice.
The decision comes following an internal review by COPFS of the experiences of prosecuting under Section 74 of the Criminal Justice (Scotland) Act 2003.
Mr Beckett said:
"VIA was introduced into the Scottish prosecution system because we recognised that the criminal justice system can be a bewildering and even frightening experience for victims and vulnerable witnesses. The support and information provided by VIA staff can help remove that element of the unknown which makes the experience all the more difficult.
"Victims of any type of crime may be referred to VIA where it is felt that additional support may be of benefit. Expanding the remit of VIA to automatically include individual victims of religiously aggravated crime, recognises that these type of offences can have a particularly negative impact on victims."
Section 74 came into force on 27 June 2003, and provides that where an offence has been proved to be aggravated by religious prejudice the court must take that aggravation into account in determining the appropriate sentence.
In the light of research conducted by the Scottish Executive, and experience of prosecuting this type of crime, it has been decided that where individual victims are clearly identified such cases should be referred to VIA.
Notes to Editors
1. The principal aims of VIA are:-
- to inform and advise victims, bereaved next of kin and some witnesses about the criminal justice process in general
- to provide information about the progress of the case that affects them in particular
- to inform and advise victims and bereaved next of kin about support services
- to facilitate referral to other agencies for specialist support and counselling as required.
2. The VIA service is provided to individual victims or to groups of individual victims but not usually to organisations or legal persons.
The main categories are:
- victims in all serious cases, where the nature of the charge(s) will be indicative of proceedings before a jury
- the next of kin in cases involving deaths where criminal proceedings are possible and death cases where a Fatal Accident Inquiry is to be held
- the next of kin in all cases where the Procurator Fiscal invites them to discuss the circumstances of the death
- victims in cases of domestic abuse
- victims in cases with a racial or religious aggravation and cases where it is known to the Procurator Fiscal that the victim perceives the offence to be motivated by racial or religious prejudice
- cases involving child witnesses
- victims in cases involving sexual offences
- any other victim, next of kin or witness where the Procurator Fiscal and the Victim Information Officer agree that because of particular vulnerability the provision of services would be beneficial.
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