Victims` Voice - Northamptonshire Police
Transcription
Victims` Voice - Northamptonshire Police
Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Foreword At any moment any one of us could become either a victim of crime or a witness or both. We are all dependent upon a system which just has to work. But sadly across this system while victims and witnesses are the very people who are most impacted by crime they are all too often the least involved. If we were to build a new criminal justice system in Northamptonshire, shaped by what victims want, giving them choices, giving them back control, giving them a voice throughout, focusing on supporting them in overcoming their victimisation and rebuilding their lives... what might this look like? It is a truth universally acknowledged: people make the choice to offend. Victims have no choice. Victims’ Voice is the first step of this journey. On my first day in office as Police and Crime Commissioner I took the decision to establish the Northamptonshire Victims’ Commission. I asked Angela Sarkis CBE to be the independent chair for the Commission, Victims’ Voice, bringing her immense experience to the role and passion to champion those who are victimised by crime. Adam Simmonds Police and Crime Commissioner for Northamptonshire |1 2| Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Much of my career has focussed on supporting individuals and communities affected by crime across the UK and working towards better policy decisions to create safe and healthy communities. How we treat victims is key to reducing the impact of crime and creating a better society. Introduction It’s widely acknowledged that victims and witnesses do not receive the respect or quality of service they deserve from the criminal justice system and find their needs at the end of a long line of other competing priorities. This can only undermine public trust and sense of fair play in our criminal justice system and we welcome the current public consultation launched by the Ministry of Justice seeking views across England and Wales on how they might improve the current Code of Practice. Northants has already responded to this consultation informed by evidence drawn from Victims’ Voice. PCC Adam Simmonds recognised the need for change in the way Northants supports victims and witnesses and pledged to do something about it; by changing the focus to address the problems of the criminal justice system from the perspectives of victims and witnesses, he is creating an environment which genuinely places victims at the centre of the system to ensure they are the priority. Victims’ Voice launched a major public consultation across the county requesting responses from individuals who had been victims or witnesses of crime to share their experiences and from support agencies that have experience of working with them. We received over 1,000 replies. I cannot thank those who took part in this consultation enough; without their honest and detailed accounts of what happened we would not have the insight into the system from the service users’ perspective, and without this we remain inwardfocused and process-driven. This report is written in the ‘Victims’ Voice’; it records their descriptions of their experiences of the crimes committed against them, the services they received and how they feel this could be improved for the benefit of future victims. The structure of the report reflects the diverse victims who approached us, their own unique stories and our recommendations the need to develop responsive and effective services. I would also like to thank the dedicated team of people from the Commission, completely committed to this work for several months, engaging and meeting victims directly and producing this excellent report. Our findings have identified a range of recommendations some of which can be quick remedies; others will require a radical shift in perspective for agencies to think about their services in a different way and to genuinely commit to multi-agency models of working; and others require central government to hear directly from victims and take action. Angela Sarkis Victims’ Commissioner I was delighted to lead this groundbreaking piece of work to hear the raw, emotional, at times distressing and frustrating stories of victims and witnesses from a range of backgrounds and experiences. |3 4| Contents Stories from three victims 5 Aim of Victims’ Voice 9 Hearing from Victims and Witnesses 10 Impact 13 Anti-Social Behaviour 16 Domestic Violence 23 Sexual Offences 33 Hate Crime 39 Fairness and Diversity 45 Roads Victims 51 Young Victims 55 Service Experience • Police • Courts and Crown Prosecution Service • Support Services 61 69 78 Restorative Practices 82 Working Together 86 Bringing it all Together 90 Just a Start for Engaging with Victims 92 Conclusion 93 Summary of Recommendations 95 Acknowledgements 100 Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Cathy’s experience CATHY TOLD US ABOUT THE ANTISOCIAL BEHAVIOUR SHE HAD BEEN EXPERIENCING; “It’s just been constant, constant hassle since the day they moved in. Loud music, fighting, trying to arrange fights with machetes in the car park. Vomiting out the windows, throwing glass bottles out the windows at the cars going past, at people’s heads… And then I got more threats made against me. [offender’s name] then threatened to stab me. I had used condoms put through my door. He spat in my face, threatened to burn the house, the flat down with the grandkids in it, that was the last one. And it just makes you feel and I think because I’m on my own, it makes you feel like you’re just a target for them all the time. I spoke to the housing officer so many times, filled in diary sheets, nothing at all was done, nothing. It came to a head when he threatened to stab me. A couple of months ago now he, I just had enough and I thought I need to get something done. And although no one else’ll make a stand up there, someone’s got to. I was absolutely beside myself. And I usually have my grandkids and it got to the stage I didn’t, I wouldn’t have them staying overnight. It’s, not eating, not sleeping, every noise I heard I was up, what is it? ‘Cause people go and shout his name and I think no, not again, please don’t be there. [The housing officer] wouldn’t act on it. And I kept saying, you need to do something, you need to get this stopped, and stated our hands are tied; we have to go through certain procedures. I said but you, on your tenancy thing, that your first year’s probationary time. It’s supposed to be three strikes and you’re out. Well, they must’ve had about forty strikes against them. I told him he was about as much use as a chocolate teapot. ’Cause I got told by the police if you see where he is, you need to phone us and we’ll come out and deal with it. But I did phone ‘em a few times and they didn’t act, so you feel like you’re being let down there as well… But then when they realise how serious he was, like the threats and everything were, they then red flagged my address. One night and they were told not to come to the flat in case (name of offender) saw them coming to my flat. And I phoned them at ten, at half past, and two officers turned up at my door at quarter to one in the morning. I said you’ve been told not come here. [The local councillor] said he would take my case on and it’s really gone from there that I’ve had the help and then I got the community safety team involved from East Northants Council, who have been really good, I can’t fault them. And to try and get me moved, but yeah it’s okay getting me moved, but it doesn’t solve the problem for the people that are still living there. I can’t fault them since that happened. And then there was a big meeting with the community safety team, my housing officer, local councillor and the police, all got together and said we need to do something. They sent the fire service round to check all the security, ‘cause I was afraid of any, something coming through the letterbox. They said that once I was moved would I be willing to appear in court against him and I said yes, that’s fine. But I’m not gonna do statements while I’m still living there…He’ll find, he’ll know it’s me. If they take him to court and I’m still living there; God I don’t know what the consequences will be, but once I’ve moved I’m quite willing to stand up against him. I’m happy that I’m moving. But I feel sorry for the other people that are left there.” |5 6| Stories from three victims Jill’s experience GILL’S SON DARREN WAS MURDERED AFTER BEING STABBED 12 TIMES BY SOMEONE CLOSE TO THE FAMILY. “We were told he [CPS prosecutor] was a top notch barrister. We had one meeting with him on the first day, before they actually started proceedings, and he told us he would meet us every night so if there was anything that we wanted to discuss with him, if there was anything that we thought that ought to be put forward to the court, if there was any questions that we wanted to ask about the process, we could do it. He never did it at all…in fact we barely saw him. The first day, we had to sit and listen to the pathologist’s report, and we weren’t prepared for that really either. I know I’m an intelligent woman, and I could explain to my daughter and the grandson along with his mum, what we were likely to hear, but there’s a lot of people that aren’t as intelligent or as eloquent or know what that all is about for them. We should have been told in a little more depth what was likely to happen, what we might hear and that this might be quite stressful. Then to be told oh no, you go home now, come back in another 10 days. And that was awful, absolutely awful. Because the whole thing about it was that you’re there, you’re dealing with it and it’s so surreal. You’re not, it’s like being in a bubble, it’s like being encapsulated in this bubble where everything’s going around about you but it’s not really real, and is this Darren they’re talking about, is this my son, is this who was my baby, my little boy, my, my grown man? No and it’s just so clinical that it is very, very surreal for anybody to have to go through that. And then to come back, to go through the process again, to have to listen to the pathologist’s report again. [My] liaison officer and the DCI was brilliant. They sat with us all the time that we were in and out of court, that we needed them. But it still wasn’t, it wasn’t quite the same as having somebody just take you into a room and say look this is really what’s gonna happen. The defence barrister had the original photos in a big lever arch file. And what he did with them was he put them on top of a pile of books, just nice enough for the folder to fall open and down, so that where we sat in the public gallery, we could see the actual photos of Darren, which was absolutely devastating for us. It was awful. And that should never have been allowed to happen, and I had to, I got the attention of the Detective Chief Inspector on that one. And got him to get the usher to go and tell him to remove the book or put it flat on the, just the, the lack of sensitivity and the lack of thought that went, you know, that was going on. “And the other thing that happened whilst we’re in court, the knife that killed my son, it came about this far away from me. And, held up in a plastic tube. Why did that need to be held up and paraded round the court, by one of the ushers or a solicitor’s help, a solicitor or whatever. Just feet in front of the public gallery where we sat. And that was, I mean I had to go out at that point, cause of this huge knife. And he’d stabbed him with such force that he’d broken the handle of the knife off, so I mean he wanted to kill him… Why couldn’t they just walk along with it down, and then when they got there just pass it over, so that we didn’t see it? It was like, you know, we know it was an exhibit, but don’t exhibit it to the, the people that are sitting, his family that are sitting in the gallery. We were told at one point that [the defendant] was not going to give evidence, and then we came back from lunch and, got in the courtroom and he’s in the witness box. So we hadn’t been prepared for that either. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 And then I’m sitting there listening to Darren’s previous [history] being discussed in open court. Why, why didn’t anybody tell us that that was likely to happen? And why did he not have any human rights? He didn’t have any human rights because the poor fella was dead! But this chap that’s sitting in the witness box, who’s, who we’re trying for murder, he gets the human rights. Oh no you can’t say anything about that because it might cloud the vision of the jury. We were then sitting and listening to [Darren’s] private therapy sessions and things that had been picked out of his therapy sessions. We weren’t prepared for that at all… But there was stuff in there that was being said and I thought this is just awful. And I’d got my daughter in tears one side and his son the other, just filling up because they felt so helpless, because they, they didn’t know these things. And then to find out that the court hadn’t apparently given my details to the probation, that is supposed to liaise with you when, they getting day releases, somehow or other my details were not given in. And a woman that I spoke to there, she said we just sort of assumed that you must be deceased or something, because there was only the contact details for his father. And so I didn’t know for two months until his father told me, that he was already coming out and being rehabilitated into society. Nothing is going to make this any different. Darren’s dead and he’s gone and we just have to have nice thoughts and stuff about him. But the anger and the frustration about the system and knowing that all these other people have got to go through the same as we did, that’s what hurts the most. Because you’re just the public sitting in the gallery. You become faceless people. Well nameless people. You’re just faces that are sitting there. Somebody to make sure that the people in the public gallery were adult enough to be there and somebody should have, an usher or something should have been, stood in there I think, so that anybody that had got their phone out, they could have been taking photos, they could have, they were texting and all the rest of it. There was phones bleeping all the while. That should have been stopped immediately. It was very distracting. |7 8| Stories from three victims Mark’s experience MARK WITNESSED AND INTERVENED AN ATTACK ON A CHILD. It’s been very, very traumatic, to put it mildly. I’m self-employed. I’ve been self-employed now for just over 10 years. When this happened it had been just over eight years. I came very close to losing that business. I’ve been in and out of specialists, head injuries. It wasn’t picked up initially, but it’s become increasingly clear in the last two years now, that I’d suffered quite a serious head injury as a result of this. I’m male, I’m stubborn, my attitude was things will get better, and eventually my wife, after about eight months, basically had to turn round and say you need to go and see somebody. And we went to see somebody and it was, and things went from there. And it was a case of yeah, you’ve had quite a serious injury. It’s put quite a strain on the family because one of the things that happened is that I’m not allowed to drive any more, which may seem insignificant, but when you’ve got two young children that want to do after school activities, that want to get out and about, and want to go and see their friends, who might live in another village, it’s very, very difficult, very very difficult. Fortunately my wife works full time, or unfortunately, but my wife works full time, so income’s been less of a problem. We don’t need for anything, and I consider myself quite blessed for that. But there’s just, it’s just the little things, it’s the little things you might wanna do, that are difficult. Just to go back quickly, every memory I’ve got of what happened to me that day is second hand. And it’s taken me a while to realise that, but the only way I’ve been able to piece together what happened to me is through other people telling me. That’s quite worrying as well. Some of that’s physical, and the specialists do tell me that a little bit of that is emotional as well. But a lot of it is physical. So, yeah things have changed. I have some quite serious side effects. I suffer memory loss, blackouts, it’s not uncommon to suffer confusion. I’ve been registered with a disability, because of those basic three elements. Officially I’m not supposed to leave the house unaccompanied. Life’s not that simple any more unfortunately, but, you get the idea. Attitude of friends has been great. The attitude of the authorities, for want of a better description, has been quite lacking. My experiences, with regards to the way the police handled the incident, I thought it was fantastic. I couldn’t, couldn’t have asked more of the police officers that responded. And whilst I was recovering they were able to make an appointment to come and see me at home to get the follow up, more detailed statement, which they did at my convenience, rather than asking me to come to the station, ‘cause I was still quite bad at that time. They were brilliant. The CPS I had no contact with. And the courts, I do feel the courts, I was let down by because I was just left in limbo, and I, there’s not even, doesn’t seem a designated point of contact when you get to the courts, to find out what’s going on. I was told nothing. I think…the last two years of my life, I think the only correspondence I ever had from the courts…I had a letter [after] three months, telling me that a hearing had taken place and he’d been found guilty, he’d had a 60 month referral order and £60 costs. I have no idea what a 60 month referral order is. That was the only correspondence that I ever had from the courts. I made the mistake of intervening. No it wasn’t a mistake. I’d do it again in a heartbeat. You don’t, you don’t see something like that happen and stand by and let it happen. It wasn’t a mistake. I would do it again, I’d certainly do it again. And I think, and I’ll be honest with you, I think the biggest people to have been affected are the children. Things they wanted to do they suddenly can’t. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 The aim of Victims’ Voice is to shape a new approach to crime and anti-social behaviour in Northamptonshire that is focussed upon victim and witness need and reflects their priorities. Aim of Victims’ Voice Terms of reference The work of Victims’ Voice was shaped by what victims identify themselves as priorities. Areas of focus included: •Developing new ways of genuinely engaging with victims across policing and criminal justice services as a whole, and of giving victims a voice going forward that is heard loud and clear by all agencies; •Analysing how well the needs, priorities and experiences of victims are understood, and to develop better ways of building richer understandings; •Ensuring that the needs, priorities and experiences of victims are taken seriously and acted upon to: –Develop excellent service for victims across the criminal justice system; –Drive a faster and more victim-friendly courts system; –Make things coordinated, coherent and cohesive for victims, so that they are not just passed from one professional or agency to another; –Strengthen the support services available to victims, and ensure they meet their needs and priorities; –Build the trust of victims to report their victimisation and access services. •Championing restorative justice approaches, whilst ensuring that these are geared to meeting the needs of victims and are fully shaped by their wishes; •Considering as part of the approach to Victims’ Voice the special needs and priorities of vulnerable victims. |9 10 | Hearing from Victims and Witnesses The aspiration of Victims’ Voice was to listen to as many different people from across Northamptonshire as possible, to give them the opportunity to tell us about their experiences of being a victim or witness of crime and anti-social behaviour and to help us understand what we need to do better. Hearing from Victims and Witnesses Online and postal surveys were promoted and distributed to thousands of community groups and individuals across the county. Other specific organisations were contacted to help promote the work of Victims’ Voice to a wider cross section of the community, both externally and internally to staff, including; businesses and large employers, voluntary sector agencies, local authorities, local colleges and the University of Northampton. Local and parish councillors were also asked to promote and help engage victims and witnesses on our behalf. Facebook and Twitter were also used to reach other sections of the community. A dedicated Victims’ Voice telephone number was promoted (using the Victim Support Contact Centre) so that victims could give their feedback over the phone. In addition a Victims’ Voice email address was developed for people to email in their views and experiences of being a victim or witness. Organisations who worked with victims and witnesses also distributed and promoted the Victims’ Voice survey, ensuring that people from different backgrounds, ages, ethnicity, and those who live in rural or urban locations could participate and share their views. Over 1,000 people gave their views and experiences. As well as the surveys, many victims and witnesses took part in interviews and others were involved in group discussions. Staff and volunteers, particularly in the police and support agencies, explained Victims’ Voice to many victims and witnesses to help them have their say. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Between May and June, 2013 around 120 hours have been spent listening to victims and witnesses of all types of crime and anti-social behaviour. We wanted to hear from as many people as possible and knew we would need to be creative and use different approaches to encourage people to take part. We held workshops with people with disabilities, interviewed residents in areas experiencing high crime and in places such as supermarkets, where we could meet a lot of people who might not have otherwise got involved. One of the successes was creative workshops held with young people where drawings, paintings and drama sessions help them to visualise and explain in different ways their experiences of crime and the justice system. We also wanted to hear from people that work in and around the criminal justice system and those that work with victims and witnesses. Staff surveys were undertaken to draw out and gather their views and experiences. It also gave them an opportunity to tell us about areas for improvement and where they thought good practice was taking place. Roundtable events were also held with professionals that were focussed on different themes, including domestic and sexual violence and abuse, anti-social behaviour and hate crime, and with specific groups such as magistrates. In addition to the large scale engagement with victims and witnesses across Northamptonshire, a review was also undertaken to identify best practice from within and beyond the county, to improve service for victims and witnesses in the future. Learning points It was essential to use a variety of ways to hear and listen from victims and witnesses from across crime types and anti-social behaviour (ASB). It was particularly important to tailor the approaches used and work differently compared to other consultations undertaken so that victims felt able to be honest and open and felt safe in the environment they were in. A key success was accessing victims and witnesses through organisations that offered them support or who were or had previous contact with victims. This approach was particularly successful when organisations providing support contacted victims by telephone and were able to explain the aims of Victims’ Voice and the importance of having their voice heard. In Victims’ Voice we have explored some experiences of families affected by serious and sudden incidents such as road death and murder. However we suggest that further in depth research is undertaken to increase understanding of the experiences of these families, ensuring this is approached in a sensitive way. A significant success from the methods used was the workshops with young people that included art and drama as well as peer led discussion groups to describe their experiences of being a victim or a witness. Feedback from the young people themselves describes the benefits they saw in taking this approach: “It was fun interactive and useful to put our point across” “They actually listened to what you had to say” This report describes the experiences of victims through their own words. | 11 12 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 The real impact of crime on victims and witnesses can often be lost. Many of the victims and witnesses we heard from described to us the often extreme raw emotion of being a victim or witness of crime. They told us how crime can impact several elements of their lives, and describe not just the emotional impact but also financial consequences and feelings of vulnerability and not feeling safe in their own home or local area. Through Victim Support, we heard about the experiences of a family and the impact this had on the victim. Impact “[The] son has been the victim of an assault that resulted in him losing 30% of his vision… It has affected the family financially as through the loss of sight and consequent operations the victim has had to have time off work and his parents have had to pay the rent on his flat. Emotionally it has affected victim’s 12-year-old sister as she saw her older brother bleeding from the eyes in hospital. Also she now thinks you can assault someone and you will get away with it.” Financial As well as immediate loss of property, victims also talked of the longer-term impact, often due to increased insurance premiums. Some older victims said their reported financial losses were irrecoverable. Victims describe how this financial loss has also affected their confidence and how they will be able to live and support themselves in the future: “I experienced a man coming to my door and saying that I had paid too much for some work done and it was badly done. He [said he] was from trading standards and were taking my gardener to court to reclaim my money. I was the last of 25 victims they were contacting and they needed to work fast, the court need £3,000 from me. In short they had my money and were to return it plus the money paid to the gardener. They had then asked for a further £6,000 which I was unable to give to them, then they suggested I went to my | 13 14 | Impact bank and did a bank transfer of £36,000 which would be returned the next day. All this time I was being followed and they let me know this. There were several phone calls constantly putting me under a lot of stress. I was unable to make any calls on my phone and my friends remembered my phone was constantly busy. “As a result of this I have lost my confidence and any savings as I get older. I need home help which I have had to reduce. I am not at an age where I can work again to regain any of my finances. The impact will be long term.” Both individuals and businesses refer to loss of earnings as a consequence. “Lost clients, insurance increased, had to stop working for three days. Feels like I pay taxes to be penalised rather than protected.” A victim who owned a rural business described the impact of theft of farming equipment and canopy brooders from a poultry house: “It has altered the way we manage our business building extra costs in terms of staff time on a continuing basis.” Another victim from a rural area of Northamptonshire describes stables being broken into and having a lot of equipment stolen including: “£500 of my horses’ rugs had been stolen which I’d spent many years to buy. That was bad enough but they’d also broken through a fence which still had a pony in it! How he didn’t get out on the road was very lucky but I know if it was my horse or most of the other horses at the yard they would have got out and possibly been hit by a car.” At first glance this might be viewed as more of financial impact but when hearing from victims many describe how the impact is much deeper than this: “There was financial and emotional impact on me. The financial side was the £500 I had lost on my rugs and had to borrow money from my parents to get a rug for my horse for the winter so she didn’t freeze… the burglars just think people As a result of this I have lost my confidence and any saving for which was a reserve if I had kept if I need any help as I get older. I need home help which I have had to reduce. I am not at an age where I can work again to regain any of my finances. The impact will be long term.” that own horses have loads of money or are insured. I have neither for my rugs. I don’t have much money and spend a lot of time saving up for things I need and rugs can never be insured! Also the emotional side was the fact I lost one of my horses suddenly a few years ago and some of the rugs were his which I was never going to sell for sentimental value (they were the first rugs I’d got for him 10 years ago).” Feeling unsafe/vulnerable Victims told us that they often felt unsafe and vulnerable after the crime they had experienced. Victims particularly feel unsafe when they mention other vulnerability factors such as being ‘female’, ‘older’, ‘pregnant’, or ‘disabled’. A reoccurring fear is of meeting the offender or it happening again, with such feelings often reported as lasting for years, sometimes up to a decade. Crime can have a huge impact on a whole family. They go to extraordinary lengths to feel secure and safe again in their own home: “…We had tiny babies – twins – and our 21 month old little boy. We were so frightened of the burglars coming back. We jumped when anyone knocked on our door and I clearly remembered nearly falling down the stairs in fear when the house phone rang one day. I couldn’t be at home alone, during the day or night (my husband works erratic hours) so time off work was arranged for my husband until I felt I could stay in the house alone. We have since fitted four CCTV cameras around our house, we have much more security lighting, we have alarmed windows and doors, and locks in every single window. We are much more prisoners in our own home but it’s the only way we feel safe. Every time we go out, even for an hour or two, I wonder what we’ll find when we get home. It never leaves you.” Victims told us how one crime can have a long term effect: “I daren’t sleep upstairs in case anything happened while we were in home… I daren’t go out into the back yard as that was where they got in and my ex worked shifts – I had to get up when he left for work because I didn’t feel safe! I have left said property now and have been left there 9 years, but that fear has never left me!” Victims spoke often of children being fearful and scared of crimes, particularly those that have affected the whole family such as burglary; “It has affected one of my children especially badly, she refuses to go to bed, panics about windows being opened, thinks we’re going to get burgled again...” Emotional Individual victims told us of how one crime can have devastating consequences for not only the victims involved but also subsequently on whole families, a victim of burglary said: “A man came to the door about 10.40ish in the evening and said there had been an incident in (name of area). He said he was from the water board and need to come into our house. He pushed past my wife and myself and gained entry to the house. He assaulted my wife pushing her onto her bed and thumped her on her left cheek and eye. Her face swelled up and her nose bled profusely. He assaulted my wife with a small screwdriver and cut my left hand and right elbow. He shouted out where is the money and took my wife’s shopping bag, which contained some cash and other Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 items. The cash amounted to about £70. He then left and we contacted our care line who informed the police and ambulance service. Impact long term, as my wife eventually died 6 months after the incident... She had gradually deteriorated after the incident with increasing difficulty in breathing and a heart problem (arrhythmic beat). She suffered with nightmares about the incident and would wake up thinking the doorbell had rang. This also disturbed my sleep and caused anxiety.” Several victims mentioned how being a victim has affected their mental health, a victim of harassment said: “It has ruined my life I have tried to commit suicide, I have long term drug problems my mental health is so poor even a small insult can make me feel worthless. Because of what happened to me I have had financial problems lost jobs and even my college work and apprenticeship have suffered as well I haven’t managed to finish any course or stick out a job because of my mental health. After coming forward once my abuser had been reported to the police I found that my anonymity was compromised and soon my entire town was ridiculing me and making fake Facebook accounts pretending to be my abuser. The police seemed to not care about the abuse I received there view was ‘if your not going to press charges then we can’t do anything’ so if a murderer had no one to press charges do they let him walk free? To this day I can’t walk through my town with out someone shouting abuse from a car or by people passing by.” The impact crime can have on victims and witnesses is highly dependent on the individual and the support they have around them, whether it be from those they are close to or from a support service. Victims spoke about the importance of friends and family and how this can affect the impact of crime in the long term on the victim and their family as a whole. The mother of a victim of sexual assault told us: “We are a positive family we have great holidays every year together... we have got a good family unit. Me and my husband have been together years. So we are, very, very close and I think … god forbid if this had of been to somebody who was on their own I don’t know then if it would’ve been a different outcome, and obviously I’ve always had concerns about [named victim] you know I’ve always sort of, you probably think I’ve been a right old nag bag, are you all right, are you all right, [named victim] are you OK? But I’ve been there to ask him, but other people that are on their own I mean I presumably they would, would they get any more support from anywhere else?” “It has affected one of my children especially badly, she refuses to go to bed, panics about windows being opened, thinks we’re going to get burgled again...” | 15 16 | Anti-Social Behaviour Impact Victims of anti-social behaviour describe the massive impact ASB has on their lives and how it affects their wider family also: “I’ve actually been under the doctor for the last two years with severe depression. I was off work for over 12 months. Um, and my partner’s just going to the, down to the doctor’s today and he’s been signed off with depression. Our two children have suffered, they’ve gone into school tired, kept awake so many nights.” Anti-Social Behaviour “The family next door to me moved in, and from day one, within twenty minutes of them walking through the door I had problems. The first thing that happened was a chunk of metal, a big chunk of metal, come flying over my fence and hit my granddaughter.” “I don’t think the council understand the impact it has, you know on the family as a whole. You know my own children not wanting to visit at the house, because of it. Having to have doors and windows shut in this weather, to try and shut out some of the language. You know it’s not good. They affect your life.” Many talk about the stress and emotional impact ASB has due to its often continuous nature; “ you just sort of like, are waiting for something to happen all the time. You can’t relax in your own home. You can’t go home and just shut the door and think oh that’s it. You can’t have, you can’t have a quiet five minutes or half an hour, because you think something’s gonna start, something’s gonna kick off. I originally, I haven’t been in my front garden for, well, on my own, for a good three years, because I can’t cope with them staring out the window, walking past, and commenting and everything else.“ The emotional strain and pressure of ongoing ASB is a continuous theme identified across ASB victims: “You know and I could sit down at home you know and I could cry you know for what I’m going through and what I’ve been through.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Victims also told us how ASB is affecting the wider community; “Our neighbours the other side, some other neighbours, and, and also sort of like the whole, the whole area, if they, sort of like if they kick off or, if they have a party, then the surrounding area suffers as well. They have to phone the police for, for what’s going on.” Reporting ASB Several victims said that issues were too minor to report to the police to begin with, and others commented that it took them a long time before they took the decision to report. This emphasises the importance of the quality of service provided to those making their first contact, as they may have been experiencing issues for some length of time; “We waited 18 months. We just thought that it would sort itself out” “Well it had been going on for seven years. But it had died down, and then it started back up.” Victims are unsure about where to report ASB to and which organisation is responsible for dealing with these issues. “And it was just like I wanted guidance, what should I do? Should I inform the police or the council or both?” “We didn’t know initially that it could be a police matter” “And I thought, oh my God what do you do? You call the police and they’ll say well we can’t do anything. and that was when my, the most frustrating part. i know that they can only deal with anti-social behaviour. i know that they were saying to me, we deal with anti-social behaviour, the noise is environmental health.” Another victim was very impressed with the services available to her but was not previously aware of them: “The help that’s out there that I didn’t know nothing about, because I never had anything like that before.” Organisations who attended the ASB roundtable events reiterated the points that victims make, a representative from the youth offending service stated: “I don’t think they know where they can go – it’s not obvious.” A representative from Northamptonshire Police also highlighted the issue of victims not knowing to report noise nuisance to. “Many calls are taken on this issue by the police but it is actually an environmental health issue that sits within local councils. However people call the police as environmental health do not offer a 24 hour service nor at weekends.” How to get to the right service Organisations working in and around ASB service provision question how effectively victims are referred to other agencies when it is not within their organisations’ remit. A representative from Northamptonshire Police stated “even police matters go through to housing”. Suggestions from these organisations include: “Could there be a clearing system – where a decision is made on where the job needs to go?” “Calls made about ASB may be a hate crime or other – the person doesn’t know which words to use. There could be a dedicated number with people who know who to refer to and what the issue is.” When a victim was asked how long it took for them to be directed to Environmental Health for the noise that was affecting them they said: “I’d say good few months. Definitely months. And then somebody said, well why don’t you go down to the Council they might be able to help you.” | 17 18 | Anti-social behaviour In the discussions at the partner roundtable events some partners stated that until a crime is actually committed or more powers are given it can be difficult for organisations to respond to ASB. Several different organisations discussed who should intervene and whether more work should take place with communities to help themselves, for example in developing “community mediators” with the aim of “nipping issues in the bud” before they escalate into longer term issues. “But this family I think should be looked at. I mean the social worker visits regularly now, but everything’s planned. And then the minute she’s gone, everything’s back to how it was before, everybody’s oh yeah, oh they’re all so nice you know? They see this disabled old lady who’s lovely to these grandchildren. But they don’t see the old evil women that we see” A victim support representative said that mediation between offenders and victims, and other restorative practices, are often not offered until it reaches court. There was acknowledgement that mediation and other restorative practices, for example obtaining a letter of apology from offender to give to the victim, can be resource intensive at the time but there is evidence that this approach can stop issues continuing and escalating, and that the victim: “at least feels part of the process ‘I’m being asked’ – that helps!” A police representative said that “Victims don’t like to be signposted. If you can tell them what they need to know, the need for support may be far less, if someone takes them seriously and listens to them.” A county council representative stated that some victims were being asked to record the ASB they were experiencing in multiple diaries for different agencies which causes unnecessary effort for victims. “I’d already filled all these things in, but it just seemed to me to be filling forms in for nothing, because nothing was happening. He’s been telling me, we’ll do this, we’ll do that we’ll get sound equipment in. Never ever. I mean the police have offered me sound equipment, we’ve got a CCTV camera up now in the front of the house” The majority of partner agencies who attended the roundtable were supportive of a one stop shop approach for ASB, where victims could be given one central place to contact rather than being expected to know the roles and responsibilities of each individual agency, this approach could also assist in referrals for support so there is more consistency with the service provided across the county. A representative from Northamptonshire Police said that the approach taken should be a: “24/7 operation with the ability to deal with it there and then and not to take details and pass it on to a team to deal with, often the next morning. The victim wants and needs to know what is going to be done about their problem there and then. They also only need to do one thing i.e. ring one number and everything else will kick-in automatically.” Housing Services Some victims feel there is a lack of interest and action from housing services until issues became much more severe and housing officers are often described as uncaring, disrespectful and unrealistic in what they expect victims to deal with: “It was just her attitude. Well, have you tried going round and speaking to the lady? You know? I’m sorry, but what world do you live on? Because these aren’t people that you can reason with…she says well what would you, what d’you want me to do about it? And that was her attitude. And I didn’t like that at all, I really didn’t like that.” “But I always had a fear of using the lift if he was about. And the lift is another problem, there was all the people urinating in the lift and because I was probably one of the younger ones in the block, I was terrified that the older residents would fall over. So maybe twice a day I would mop out the lift. I did it for my own benefit, but I did it more so for the older people and for any of my family visiting, I was so embarrassed.” “I had a bit of a meltdown earlier this year. I, it’s like, I’ve been banging my head against a brick wall dealing with Wellingborough Homes and Wellingborough Council previously. They talk the talk, yes we’re gonna do this, we’re gonna do that, but they don’t actually do anything. He visits, and they’re laughing and joking and he’s leaving. Well that doesn’t constitute someone that’s just firmly told a lady that she must stop this” Lack of powers against private landlords Victims feel frustrated about the lack of powers against private landlords given to the police and local authorities: “It’s just the, the logging of everything. It seems to, when you’re actually going through it, it seems like it just takes such a long time. But then our position probably is an unusual one with the fact that, if it was a council tenant or social housing or a private landlord, a legitimate one who did everything by the book, then it probably could have been resolved a lot quicker. But there doesn’t seem to be any powers in place for a landlord that doesn’t actually play ball. There doesn’t seem to be anything that the council or police put in position that can actually sort of like speed things up in that department.” “And the police used to phone the landlord. He didn’t wanna know. [council officer] used to phone the landlord. He doesn’t wanna know. All he wants is his money” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “And he [police officer] has chased up the landlord and I think has put a little bit of pressure on. He phoned me at work one day and said, look I got a meeting, we’ve actually found the landlord. I said, ooh. Ooh progress. Cos he did say good news. And I says, oh it is, it is your doing fine, keep at it. And he was having a meeting with the landlord and with them. Now this has taken three years. Why have I had to put up with all that intimidation, all that anti-social behaviour, all the filthy looks that I get off some of the lads that I feel as though they’re going to, ooh you know. Feel as though they would like to thump me maybe.” Lack of consistent feedback Victims of ASB describe the communication, information and feedback they receive very differently, highlighting inconsistency across people and services. Several victims describe a lack of feedback from the police: “But I said, will I get any feedback? Yes of course you will. But I never did hear from him, which is unfortunate.” “Parties and fights in the street, one family in the street. Noise – goes on all hours in the street, fireworks…It’s ongoing…[the police] haven’t got back to me” A representative working in an ASB unit describes ASB as “so life impacting – long term care and support is needed,” and questioned if organisations such as the police are resourced and structured to be able to provide long term support and whether a specialist provider of ASB support is needed for ongoing, long term provision of support. Several organisations working in and around ASB agree that the types of support needed for victims of ASB often differ to victims of crime due to the nature of ASB often being “a long drawn out process”. They suggest that support can often turn into “confidence building” and that this needs to be considered in the design of ASB support services. ‘High risk’ Victims of ASB referred to ASB Units (which can be made up of police and local council staff and other agencies) and deemed ‘high risk victims’ describe the positive action taken by the units: “Well, (local authority community safety officer) asked to us to take note of the car numbers and so did our PCSO, he is brilliant he is, I love him but he has recently retired and I haven’t met the new person yet. (PCSO) he made you feel very safe didn’t he? Erm, and he would periodically go over there to speak to this person. He would make us feel better. With the community safety officer and PCSO together, we felt empowered” “Yeah, she (community safety officer) came and she interviewed us several times, she would come to the house so she could see the actual physical location and situation and she didn’t make promises but she told us what her aims where, she was aiming to do this, she was aiming to do that, she couldn’t promise, there is no way she could have promised but she followed through and she was absolutely brilliant. She used to come into our house through the back gate so that he wouldn’t see her” “I’ve been given numbers to contact if, if anything kicks off or if I’m unhappy about anything. They’re concerned about the distress it causes, you know, to the person that’s making the complaint. And I think that’s, that’s good.” “Every single one was absolutely fabulous to me. They looked after me, they come and see me and I’m still seeing people after all this, the PCSOs were fantastic support and still offer me support now, they are fabulous absolutely fabulous.” Although victims who are assessed as high risk describe positive experiences of service delivery and support, a representative from the Northampton ASB unit describes: | 19 20 | Anti-Social Behaviour “It differs drastically. We have one person who deals with cases in Northampton – other areas don’t have that. She is the only dedicated person – and she only has time to deal with high level cases, so the medium and low risk cases don’t get any support” Initial police response The experiences below highlight the difference in level of service received from the initial police response. Some victims speak very positively and describe police action as timely and reassuring longer time, whilst others are very disappointed and continue to feel let down: “Yeah, she (community safety officer) came and she interviewed us several times, she would come to the house so she could see the actual physical location and situation and she didn’t make promises but she told us what her aims where, she was aiming to do this, she was aiming to do that, she couldn’t promise, there is no way she could have promised but she followed through and she was absolutely brilliant. She used to come into our house through the back gate so that he wouldn’t see her” “And they’ve, the PCSO came round, and he got the lads to tidy up, he got them to shift the bins into their yard, so that they weren’t sitting on them, looking into my bit of garden. What a big difference that made for a start. So simple, you know? He kept patrolling the area, constantly. They still do now. Not as often, but they still do. And just having that presence here, in the village, has made all the difference, to me anyway. And from other people I’ve spoken to, you know, they’re quite happy with the police presence too. Just seeing the yellow, blue and, you know, it’s, does make a difference “Young people were skateboarding over a wall, landing in the middle of a busy road, and had become threatening and abusive when asked to stop…The police had given me a number of a fast response vehicle circulating in the early evening. There was no answer on the phone number. A response came to my voicemail message hours later and an officer visited within a few days – which was pointless and unnecessary. We needed an immediate response and did not get it.” “With the exception of PC generally disappointed with police response e.g brick through window. They did not come out till we chased them up by phone twice and we believe they did not log the incident. The officer who did finally come out advised us to move house.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “‘cause I got told by the police if you see where he is, you need to phone us and we’ll come out and deal with it. But I did phone ‘em a few times and they didn’t act, so you feel like you’re being let down there as well. Victims experiencing ASB on an ongoing basis value one consistent point of contact rather than re-telling their story and experiences numerous times to different organisations and individuals. Those victims that know they have one contact and a consistent record are reassured by it: “Phone up and say, and they know. They know the background and so it’s all on record that, all this business it’s all on record.” “I’ve had weekly visits from one person, kept in regular contact. I mean if I need her, ring her. Not a problem.” Victims’ experiences highlight the difference in type of service and feelings of reassurance provided by ASB units in comparison to the inconsistent initial action police response officers. Several victims describe the emotional stress and length of time it takes for agencies such as the police, local authority and housing associations to take their concerns seriously and respond according to their need. Victims feel genuine relief and surprise about the level of service they receive through the ASB units. This raises questions about victim expectations and perhaps views of the ASB units may be different had they not received such poor service by response officers. Lack of communication between organisations Some victims describe the lack of communication between different organisations across the justice system; “Well we’ve had some instances where we’ve had to call the police out in the past, and we’ve got in touch with the council and they haven’t actually known anything about it. And so sometimes it comes like a, quite a while to filter through.” “Just sort of like, if an incident happens and it’s reported to the police and it’s in, it’s to do with the council...as well, just so they get informed like the, within sort of like 24 hours, so that they can actually get in touch with the victim and try and get something sorted” “And I didn’t know any of this, and the ASBU woman rang me and said oh I’ve got good news, he’s being kept in for another week. So I, I was relieved. Then within the next hour she’d met me from work, told me that he’d been released. So that was lack of communication.” “Yes because, when I rang someone from the police she didn’t know. She said oh I’ve got his file up and it says he’s being kept in till, another week. So it was lack of communication.” | 21 22 | Anti-Social Behaviour Recommendations Organisations working in ASB response and support services describe the implementation of a case management system and suggest that in Northamptonshire we are moving towards a position where organisations will be able to share information and updates more easily and quickly. •The Police and Crime Commissioner should develop a ‘one stop’ service for victims of anti-social behaviour, to avoid victims having to ring around several different services to receive the help they need. This service would enable any type of anti-social behaviour to be reported to one place that will coordinate a response across organisations, and will be a 24/7 service. •The police should consider how victims of long-term anti-social behaviour have a continuity of officer to avoid having to repeatedly tell their story and ensure their case is actively and consistently managed. •Mainstream victim support services need to cater for all victims, including those of anti-social behaviour. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Impact The victims of domestic violence we spoke to describe various experiences including financial control and theft, stalking and harassment, emotional abuse, sexual violence, physical violence and violence towards their children. Some victims report their abuse to the police, whilst others use support from local agencies to cope with their situations and to make plans for the future. A number of victims experience the whole criminal justice process and many describe their victimisation and its’ impact as on-going, suffering for years and unable to see when it will truly end. Domestic Violence Victims describe the impact of domestic violence on their lives in very different ways, often talking about feeling low self confidence, feeling like a different person, never feeling safe, always looking over their shoulder, finding it very difficult to trust people and feeling guilty about the impact it has had on their wider family and children; “It’s so draining it’s I mean like I said to you earlier, I go out to put my washing out and I’m on edge because I, I have sort of before not this time walked out my back door and he’s been there. So that obviously frightens me. When he was doing it over Christmas he was in like a loud car at the time. So every time me and my son hear a loud car we’re up at the window having a look to see if it’s him. It’s affecting my son terribly; he wouldn’t go out to play until about two months ago.” “I ran. He was half way down the stairs. He grabbed me. I knocked on my neighbour’s house. He had me round the neck. Thank God she opened the door. I don’t know what would have happened to me … I was bad I couldn’t speak for about twenty minutes. I just couldn’t speak. Crying in a state, never felt like that in my life. She phoned the Police. She said what are you going to do? I knew I couldn’t go back. He was ringing my phone, saying do you want anything in the shops? I think he was going mad. I felt relieved the Police were called. I felt I would be safe if they got here. I didn’t feel safe. I didn’t feel unsafe before but it | 23 24 | Domestic Violence had been building up for months… I wanted them [the police] to get me away. I didn’t have family. Felt vulnerable, sorry for myself. I thought I have nobody. A man and police woman came, he could see I was not good. I have to admit they were lovely. He said unless you say you want to go back, we will find somewhere for you. You are safe, he kept saying that. I didn’t know what he meant at the time a refuge or what.” “Yeah so I mean emotionally as well for my, my family like they are absolutely sick to death of it. They just want him to leave me alone. It’s, it’s a strain that…I’m going to get upset now, it’s a strain that I’ve caused that. I know I haven’t caused it but the decision I’ve made like in the past to be with someone and then it’s resulted in this on our lives. Like ‘cause we are really normal people, we are just a real, what I consider is a real normal family. We get on very well, we’re very close and then this is just totally not, it’s out of our comfort zone, we don’t know how to deal with it. That’s why we obviously keep going to the police and, he left me with a lot of debt and I’m still paying that off now. I’ll pay debts ‘til I die. I don’t care as long as I’m not there anymore, ‘cause my life is so much better now.” Seeking help Victims tend to confide in someone other than an authority before reporting abuse or violence to the police, for example a friend, family member or neighbour. This however is not the case where victims are subject to control from their abusive partner, where contact with friends, going out or making telephone calls is made almost impossible and rarely without risking severe consequences. In these cases it appears that organisations such as the children’s centre and health visitors are a real lifeline. In private and secure spaces, staff in such organisations or roles are able to communicate with potential or suffering victims under the guise of a child’s welfare appointment. No letters are sent home, no phone calls made, no reference to the issues that may be discussed in that space are made in front of the perpetrator. For some women, this was their single, only opportunity to talk about it and seek advice; “I used to go sometimes in the children’s centre to talk to the health visitor in there. But that was only because I could just make some excuse to get an appointment… they used to give me a note, like saying we made an appointment.” “The health visitor, she used to come visit my, she see me, she see something, maybe it’s her work … but she just looked when my husband when to the toilet she asked me if it is … she gave me her number ‘if something is bad, just call me’ but me not to tell, you understand…she save my life.” Most victims are unaware of the services provided for victims who do not want to go to the police, and many say they want to see more advertising, particularly in places such as GP surgeries, hospitals, maternity wards, leisure centres and libraries. Those services could also be promoted at events that victims attend; they suggest police and other agency open days, leaflets and stands in shops and the town centre. The examples above highlight the need for people to be able to find this information without looking for it; it needs to be in ‘everyday’ places with opportunities to pick up the information without being noticed. Many victims talk about their reasons for not seeking help from anyone, family, friends or agencies, as caused by feelings of embarrassment, wanting to just put it behind them and sometimes feeling as they do not fit the typical stereotype of a domestic abuse victim: “For me because I’m a bit older, it’s not like I’m 20, I’m 50 it’s an embarrassment thing. Its shame, it’s embarrassing. That’s how I feel. I don’t want people to know that me and him have got a problem, that there’s a problem you know…If it hadn’t have kicked off like it did, I wouldn’t have reported it.” The nature of emotional, psychological and physical abuse, which often changes and intensifies over time, means victims change their minds about what they want to do and what they want to happen. The police and organisations working with domestic violence victims need to be sensitive to this. Advice, understanding the options, seeing different perspectives, having children and seeing the impact on wider family members are just some of the reasons victims give for deciding to go to the police: “The police were really supportive at first and in hospital … I was safe and the police were there. They were really nice and I did my statement in the hospital and they took pictures of my face but I told them that I didn’t want to take any further action … I just wanted my stuff back and then I wanted nothing more to do with him … When I was in the hospital toilet cleaning up my face, I had to clean all the blood off myself and I saw the inside of my lip all bruised and blood in my mouth and ... a reality check, and then after having the x-rays yeah, I want the police to charge him.” As described during a roundtable event with people working around interpersonal violence, the first contact that a victim makes, with any organisation, needs to count. This is particularly so when disclosure puts the victim and their family or children at risk. They make that first contact and immediately, they have shared the risk they have often been shouldering for years, and it becomes the responsibility of organisations and authorities to keep them safe. An officer from Northamptonshire Police said: “If you look at referral rates and number of calls going up, does this suggest society is more dangerous or that the public are more confident to report? Certain communities struggle to access support. Needs addressing as a whole rather than pockets of awareness and accessibility. If a victim wants help, they don’t care about the high, medium or low risk levels we adopt. We get one chance to get it right. First contact counts.” Intimidation and fear of retaliation For a lot of victims the worry, anxiety and fear of what the perpetrator might do to them, their family, their children, their property, their pets and other behaviours is too much to take the risk of telling Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 friends, family or reporting to the police or other organisations. Where victims have reported to the police previously, even having a positive response, this often does not mean they will report again, as the levels of fear and repercussions can change daily. The majority of victims that have not reported to the police are not aware of services that they could go to for support, advice and counselling. There is little knowledge amongst this group of victims that there is no need to ‘officially report’ to access support and help. “I think in my situation, three months more I will be dead if I can’t speak to nobody … that time I can’t call police as well because I still live together with him. If I call police and the police come as a result of my problem, you understand the police then go, I don’t know what is to happen… Sometimes you can’t call the police because you don’t know … because the men like that don’t want somebody to hear what they are doing. Outside they are very kind, you understand … but liars, you understand?” “He’d tell me if I’d told anyone he’d make sure that, you know that, I’d come out worst, I’d look the bad person sort of thing. When the kids were little, he would say that I’d never be able to keep them, the kids, he would get them. He would say to next door that I would be an alcoholic or whatever, a prostitute or, you know. He was good at manipulating people and making stories up.” Immigration status and financial trapping Many domestic violence victims are forced to leave the home they are in to escape the violence they suffer. This often means moving children also. Particularly for parents who do not work and have young children or several children, the financial complications of leaving the home make it almost impossible. Knowing the risks that your bank account might be emptied, that the child benefits or tax credits go into the perpetrators account and you may have to survive without that money for a prolonged period of time, makes the decision to leave much more complex than escaping violence alone. Victims who have insecure immigration status – these victims are legally living in Britain, often married or have long term spouses of British citizens and their children are often British citizens too – often find it impossible to escape domestic violence because of their financial reliance on their partner. This ‘status’ means those victims are unable to request financial help for housing or living expenses because they are not registered for housing benefit. The risk of being left destitute is a reality for many victims in this position and often means victims will choose to endure violence in the home to keep a roof over their heads. Due to the regionalisation of immigration services we have heard from victims who travel to Coventry in order to receive advice, support and to undergo the process to assess their immigration status. This is costly travel. In the example described to us the police seem more concerned with seeing the victim’s passport to establish their immigration status before making any commitments to offer assistance: “…when the police ladies come they, she ask me the question … she said I’m not allowed social benefit because I have immigration passport and my, at that time my husband take my passport, I don’t have any documents, so they can’t know really what is written in my passport. But then they, rushed to my house, I broke in my husband’s bag … and I take my documents, so they are looking my passport. They see I am right to stay here and have, a … permanent documents. Because sometimes they are not, you are not allowed public funds.” Some victims are able to move in with family or friends, but continue to suffer from the financial control or debt caused by the partner. “I can’t drive, or I don’t have any money to go to town … to go somewhere and run in to get some information and get back home before he comes home. I cannot do anything … was thinking about leaving him because, but I don’t have anywhere to go if I’m leaving. I don’t have any family, or friends...” Evidence and being believed Victims describe a real pressure to gather evidence of the emotional, psychological and, or physical violence and abuse they suffer. Many describe police officers as requesting to see the ‘marks’ or ‘aftermath’ of an abusive or violent incident in order to continue listening to their story and, essentially, to believe them. This is extremely upsetting for victims, who have often undergone an ordeal and psychological trauma to get to the point of choosing to report to the police. To then be questioned about their integrity, their honesty and their willingness to lie or embellish about their experiences, is not what victims call police assistance for. “The police they, they ask me if my husband beat me, if I have some rash. I said I don’t, they want something, proof. But there isn’t, there is a difference… But they want to know if you are, before they help you… Yeah, the man can beat you, but not make a mark… Because me, my husband used to smack me, smacked me, the babies. Smack, smack, but no ... but they want proof…” “…the police said I will be asking you questions and I will measure if your problem is serious or your problem is not serious. And the police asked me questions; your husband beat you, I said yes. Give you food, I say no. Hit the babies, sometimes he hit babies. He said my husband make sexually (unclear), I said no. I say sometimes he lock me indoors and goes … [the police] said my problem is not serious, he can’t do nothing.” “I know that’s true, but why doesn’t anyone believe me? Just because he can lie like that. And then after that I did report to the police and then after like six months or so they said no, they couldn’t get any proof so ... that was it” | 25 26 | Domestic Violence Victims of domestic violence have made it very clear that when the police say there is not enough evidence or information to take their complaints further, that this feels like a direct attack on them and often feels like they are considered by the police to be untrustworthy; to be liars: “When I used to ring up and make a complaint against him the police officer was like oh, but we can’t prove that and yet I told her if they went to the shop there’s loads of CCTV in the shop, they could have checked that and proved it. I felt like I weren’t being believed, like I was just making things up” “I wanted to be believed, that I wasn’t the crazy one” “They only could have been a little bit quicker, so that my husband, they could have found him in the house. Because he ran away like really quickly and ... so I was the one who was lying.” The process of giving the statement, the environment, the behaviour and language used by police officers all contribute to victims feeling that they have been taken seriously, that their story is believed and that they will be supported and protected. Giving a statement to police officers in a public hospital waiting room, about the experience of physical domestic violence and the incidents that led up to it, is not considered by victims to respect them, their privacy, their need for confidentiality or reflects officers taking their case seriously. Those working with domestic violence victims agree that the emphasis for evidence collection is on the victim and that this is stressful and needs to change. Someone who has a great deal of experience working with victims of domestic violence said: “Cases I’ve dealt with it’s down to victim as the main witness to present the main evidence. The victim is likely to withdraw if known offender, not like a stranger being punched in the face when one is going to pursue it. We should capture other things that can be collected when the victim or witness first reports. Gain more evidence at the time. Lots of clients don’t want to go through the court process.” The need to feel safe and protected All victims of domestic violence want to feel safe and want the fear of what could happen to them or their family taken away. Knowing that the police are protecting them and will respond quickly to calls of concern is vital for many victims and takes them a little closer to a life free from this fear. Many victims experience great service in this sense, using their threat alert (direct to police for response) which reassures them that they do not have to explain the level of risk on the phone to the police; they will get an immediate response that will help and protect them in their times of need. “They can’t improve nothing else ‘cause they’ve already done it... They’ve kept me safe. ‘Cause they saw me and my friend in the police station ... they don’t shy away from it. I think they done brilliant, ‘cause they came straight away” However, some victims feel that they are not considered ‘at risk’, or their case is not ‘serious enough’ to enable them access to this type of police protection and response. Victims talk about their experiences being seen by the police ‘in isolation’ instead of understanding the escalation over several years and listening to their concerns of what might happen next. Where perpetrators have breached conditions such as restraining orders and victims report this to the police they expect something to be done. Hearing that the police have logged the information but because nobody can verify it they won’t do anything about it, does not reassure victims that they are protected. Victims question what the point of bail conditions are if they are not enforced: “The custody sergeant said there’s not enough evidence ... she’s got a picture of him there. They said it might not be him, it was him, you could see it was him but again that was very frustrating like. I mean obviously they see a lot of bad things everyday and I just sometimes feel oh is this not bad enough for you to, to take a Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 bit seriously? And just keep letting him out. And like I said over a month three times he got bailed.” “I do not want to be the next victim on the news where they say ‘why wasn’t more done to help this woman and her child?’’ “I’m still scared. That’s why I wanna move up north. ‘Cause I keep thinking he’s gonna be there everywhere, ‘cause he knows everywhere. I’ve heard now he sometimes cover himself over. He had a cover over his face. With just a little peep-hole to see his eyes. That’s what I’ve heard, but it’s just rumours. I’m sure I spotted him but I can’t be 100%.” “I don’t go out and see my friends anymore. I don’t feel safe walking in to the playground with my kids. I don’t like it … when it’s too busy in the crowds” For those victims that do not have a ‘threat alert’ agreement with the police, it is considerably more difficult for them to feel that the police will respond to their calls and ensure they are protected. Before victims are ‘risk assessed’ they will receive a generic police response. The example below from a victim shows how dangerous it can be for the police to take a complaint of a noisy male at face value. More needs to be done to train front line officers to recognise the signs associated with domestic violence: “[the neighbours called the police] the police turned up and he told them he was arguing with his mother and that they should ‘eff off’ and I was under the table hiding, he goes don’t you bloody move, if they find out you’re in here he goes you’re gonna get it and he went to the door, he goes I’m having an argument with my mum on the phone and they didn’t come in to check if there was anybody else in the building or anything. I was 28 weeks pregnant with our son then so I was really at risk, that was the one time I thought oh God, I could die here, like ‘cause he was mental but like no, they just left. They came twice and left and said you need to keep the noise down if you’re on the phone to your mother.” Having a voice and being heard As described earlier, victims often take a very active role in the gathering of evidence to prove their victimisation in the early stages of reporting to the police and where perpetrators are set bail conditions. This experience then changes very dramatically at the other end of the justice process, where the sentencing of the perpetrator is designed and decided by a magistrate or judge without the views or preferences of the victim being considered. Victims describe this as very difficult, as they have views on the best course of action to take and are often equally interested in seeing the perpetrator punished as rehabilitated. Victims often talk about the need to deal with the mental health issues or problems that they see in the perpetrator and the need to put conditions in place to ensure they are addressed. Concerns about domestic violence, particularly where stalking and harassment of the victim, their wider family members, friends and neighbours occurs, are often about fear that the problems will ‘never go away’. Victims suggest that prison sentences, short or long, do not provide them with reassurance that everything is being done to rehabilitate the perpetrator and maintain their safety long term. “Basically, if they just stick him in a cell, everybody else is in danger too. Once they have hit that point of violence, he’s picked up something as deadly as a knife. So I kept saying to them you know he needs sectioning and so I had to sign this thing are you going to press charges. And I’m thinking he doesn’t need that, he needs sectioning more than anything…” “No, no I haven’t and that’s why sometimes I think what is it gonna take to be, I know they take it seriously but I kind of think it’s leaving it open for him to maybe one day just think I’m just gonna get violent and is it gonna take that for me to get that bit more help to hopefully get it to stop? The courts maybe, like when they give him his sentencing and like I said to you before I’m not trying to get him put in prison because I don’t really think he’d be with the right type of people in there. I don’t think he’d come out a better person because he’d probably get I don’t know three months for instance, that’s not gonna turn his life around. But what I want him to get is help for his psychological issues and it’s a lot, I mean it’s not just about me what’s wrong with him, it’s a deep rooted, he didn’t have a very good upbringing.” “I mean his, his last sentence he got I did feel was very good and, community service and the restraining order and a year’s probation as well. And I did think … like that was a good result because like I said putting him in prison or whatever is not gonna do anything. You only have to do half, he’d probably come out worse.” “I expect him just to get a slap on the wrists again. What I want to happen is, well I mean I don’t know what they sentence, I’m not really good about law and stuff but I don’t know if they can sort of make people get help. They said to me the prosecution, sorry the probation could, could delve into that. I don’t know maybe a tag or something so I don’t know how tags work ‘cause I don’t know stuff about that, but so it would alert them that he were near my area where I live and stuff like that.” Throughout the justice process victims want to feel that they are being listened to, that they are important and that the information they provide is being taken seriously and used. One victim describes her experience of getting ready for court, which takes away from her role in the process: “I said to her I want to see my statement, she said you can’t. What do you mean I can’t I said. She said you can’t till the morning of the [court case]… I said no, I want see my statement; I don’t believe it’s correct. I have seen it now, I was a bit firmer. I feel that there was a bit I was not happy with. I was tired and didn’t have glasses when I gave my statement that night. You should be asked later, are you still happy with your statement? You are expecting me to stand up in court because he is pleading not guilty, and you won’t let me see my own statement.” | 27 28 | Domestic Violence Experiencing the justice process Victims experience of dealing with magistrates, the Crown Prosecution Service and the courts tends to be described negatively, where victims are left feeling as though their case has not been presented or considered fairly because of issues with evidence, special measures to protect them are not provided or not guaranteed and communication about what is happening is poor. “When it finally got to court it wasn’t even on record as evidence. That was missed evidence which meant that if he didn’t plead guilty at the last minute, which he did, the Crown Prosecution had the lack of evidence because it wasn’t gathered properly… And I even took it with me, to the police station in August when I had to do my victim impact statement. I took the copy of my dental records with me... and she looked at it and she says she’ll make a note in the statement, yeah. And it was never done.” One victim talked about the challenges of speaking to each organisation, making phone call after phone call to find out when the case will be in court, what she needed to do to prepare and receiving instructions from a variety of people made her anxious; “Didn’t want to go to court, wanted to run away. I felt like I was the one on trial. It was horrible. I weren’t sleeping, I weren’t eating, up and down all the time and stroppy, stressy and... I felt like I was the guilty one, not him, and yet he could do things to me and get away with it.” Many victims talk about how important it is to them to be protected in court, particularly using screens and avoiding ‘bumping in to’ the perpetrator at any point during the court case and in and around the buildings. Many victims speak very positively about the witness service and the commitment of staff to ensure they did not see the perpetrator, using back entrances, checking areas before victims entered and ensuring they were safe getting home. One victim however, did not receive this level of service and the impact on her experience of court was serious: “I expect him just to get a slap on the wrists again. What I want to happen is, well I mean I don’t know what they sentence, I’m not really good about law and stuff but I don’t know if they can sort of make people get help. They said to me the prosecution, sorry the probation could, could delve into that. I don’t know maybe a tag or something so I don’t know how tags work ‘cause I don’t know stuff about that, but so it would alert them that he were near my area where I live and stuff like that.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “I went to the courts to have a look round and requested a screen, I then later received a phone call to say that the court date had changed and changed towns. Yeah, no, CPS hadn’t told me, the courts hadn’t told me, the police hadn’t and the police had my new address and my phone number was the same all the way through it. And then chances are he would have got away with it because I couldn’t, wouldn’t have turned up, and then when we went to Kettering it was on a Friday. I was told that I wouldn’t see him because it was on a Friday. We went out for a cigarette and then when we come back in to the court he was standing there with his brother and his friend and we had to walk past him and the security wasn’t going to let my husband back in to the court because on Fridays in Kettering it’s a youth court so it got adjourned… We went, got back in to the witness care … like the witness room and it was horrible. I felt intimidated as well because he was looking at me… Then in January when it was back at Northampton I was having to chase it up again for the screens and then it was a case of, you’ll found out on the day.” Which support service? Victims talk very positively about support services, the emotional support in particular, from specific individuals who they have one-to-one contact with. Victims often describe this as the main reason they were able to report the domestic violence, to go through the justice process, to attend court and to make steps to move on with their lives. The support offered by the Sunflower Centre, Women’s Aid, Nene Valley Christian Refuge and Victim Support are all referenced by victims to varying degrees. “I wouldn’t have gone to court if it weren’t for [worker from Victim Support]. I would have took the consequences of having a witness summons and breaking it but it was her reassurance and talking to me that made me realise that I’d got to do it, not only for me but for my kids. If it was my kids it had happened to them I’d want them to do it and she said it was just the fact of me turning up that he thought that he’d be able to get away with it, ‘cause he was pleading not guilty.” “I spoke to Victim Support, they said just if I ever need to talk to them but I’ll be honest I never rung them, I spoke to the Sunflower Centre. They made me feel so comfortable, you know, made me tea. They just said, tell us what you want to tell us, in your own time, they didn’t rush me. I did know that the Sunflower Centre were linked to the police.” Domestic violence support provision in the county is varied by geography, however, and knowledge of, and pointing victims towards, support organisations is a different experience for each victim. Many victims, once the police are aware and the risk level is ‘medium’ or ‘high’ will be contacted or put in touch with all of those services, which causes some confusion: “But Women’s Aid done brilliant for me. Emotionally. And you have a one to one support worker what sees you and that’s brilliant, that’s nice.” “I get mixed up, whose who because I get so many phone calls. The crime, not Sunflower, the other one that helps you when you go to court? [Witness Service]… that’s the problem I’ve never been involved with the police my whole life and I completely, just the organisations I’ve mentioned, the names, I have just had so many people just ring up my number. Because I’m not ‘au fait’ with it, especially in the early days. The first week it happened I was still in shock, the second week, I was still getting phone calls. I don’t know who they were. I’ve heard of the word Sunflower, but that was that. I’m getting so muddled up.” “Before I came in the refuge I didn’t have anything and now I’m thinking like to study again, to do something, that’s because of them. They gave me that hope back so I can dream about something, instead of just thinking my life is just, that’s it, it stopped.” “Too many phone calls, I don’t know who the people are. You don’t remember. The CPS [Crown Prosecution Service]? The Sunflower Centre, Victim Support. There … is too much, too many. I know they must phone each other. It does seem muddled. They need to simplify it. Maybe have a | 29 30 | Domestic Violence meeting when you are in refuge, and say this person is victim support, this is your keyworker at the refuge. I have only ever seen the person at the Sunflower Centre face to face, the rest are phone calls. Not straight away, maybe after two weeks. Your keyworker could instigate and say this person is going to do this for us and this person is going to do this.” However, for lower risk victims and those not in touch with the police, knowledge of and access to support organisations is low. Most victims before they report to the police are completely unaware that they could have received support from a variety of sources. “I didn’t realise that there was all these difference agencies out there that help people. Like at the GP, or in the papers. I think just to know that there is somewhere to go get help with stuff, like housing, because I had a big issue with housing, we were both on the tenancy. I didn’t know what support was available, it was my sister who went on the internet and found the Sunflower Centre.” The Freedom Programme run by Women’s Aid is talked about by several victims: “It’s just normal things, meeting other men, I’m always thinking, god are they the same sort of thing. So I’ve gone on the Freedom programme which is run for 12 weeks and it’s been really good. It’s about recognising the signs, not to fall for the same person, what are there traits sort of thing and then there is a follow-up one, ‘Staying Free’. I shall go on it. I didn’t realise how much domestic violence is in the country, every 4 minutes a woman gets abused.” Children and other family members An important concern for many victims of domestic violence is the impact it has on the wider family and their children. Victims describe how difficult it is for children to see, that it does not matter whether they are eighteen months old or eighteen years old, they know what is happening and it changes their relationship. Children start to want to support then, to keep them safe and this is described as difficult, because as parents they want to be in that role. Support, advice and counselling services for children are inconsistent in the County and it is unclear where the responsibility falls. Some victims talk about counselling provision in schools and how helpful this has been. Some talk about Victim Support, the Nene Valley Christian Refuge and Women’s Aid providing support to children in different ways. It seems to depend on which organisations the victim is in touch with and which schools the children attend. “You are not strong … you have to be happy to give happiness to your children. Not happy, I feel sad … the children know. My God, every time, ask me mummy, what happened, are you crying? Stop crying, daddy’s hit you again? You understand. In front of the boy, sometimes.” “Scary, still don’t sleep very well at all at nights. Even though I got the security lights on and fire guard on. Still affects me and the kids. ‘Cause he saw what happened. He’s only young but they know, they know what’s going on.” Most victims, when asked, thought support should be provided directly to their children to help them to make sense of what is happening, to help reduce their fear and anxiety and to give them somebody safe, outside the home to talk to about it. “It’s not just for the older child. I think for the younger ones, ‘cause if you’re trying to explain to a 6, 7 year old why mummy can’t cuddle them it’s hard. You run out of excuses, mummy’s got a stiff neck, my back hurts or mummy’s watching telly or ... but I suppose they’re scared of asking and … because why has mummy changed so much and mummy’s not the old mummy she used to be, she doesn’t play or mess around.” The husband of the above victim of domestic violence (not the perpetrator) talks about the impact it has on the family and children. He did not mention any support offered to the children but talked very positively about Victim Support, where he was offered one-to-one support and was provided with a different worker to his wife which he found important. He describes it as a very stressful time: “She won’t go out … it’s … I find it … heartbreaking that she can’t even take her own children to school, you know, I have to go with her on the school run. Before, you know, she was I’ll take the children to school, I’ll bring them home, ‘cause that was like her time with the children, spending a lot of time with the children. She doesn’t get that now. Can’t play or cuddle with the children anymore. There’s loads … it’s affected everything.” One victim explains her decision to discontinue the case against the perpetrator because of the potential impact on her daughter, who is the only witness to her domestic violence; “My little girl did a video interview … I pulled out ‘cause I didn’t think it was fair that she should be interrogated in court at 10 years old. That’s evil. I was a key witness in a case when I was 14 and the defence people for the person absolutely broke me down. It still gives me nightmares to this day actually being in court as a child so I pulled my child’s statement out. That’s what they said to me, ‘I put it to you, you’re a very troubled little girl who likes to make things up’. That would have killed her. No way.” Repeating the experience, over and over… Victims tell us that they are explaining who they are, what they have experienced and what their ‘risk levels’ are to organisations across the justice system and support organisations at least five or six times before the formal processes even start. Victims themselves explain this as organisations not communicating very well and not sharing information quickly or with the right people. The process of telling the story, going through the ordeal again, which could involve years of violence and abuse, causes pain, frustration, re-lived memories and distress. This seems to be an experience that all domestic violence victims can relate to. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 There is a need to change the way services are delivered to domestic violence victims to stop them reliving their trauma over and over again in order to communicate with the multiplicity of organisations delivering service and justice; “Sometimes if I were to go to the police on many different occasions and I was kind of, I don’t know how your systems work but kind of hoping they’d kind of read a bit of it. Like, like what I give you in that email earlier. And sometimes I’d go and they’d know nothing about it and I will say have you not checked your records before I’m here? And then sometimes they go I’ll tell ‘em a bit and they say right we’ll go and check the records. Whereas I was hoping in a way that they would actually know. That’s very frustrating when I have to keep explaining it over and over again. So now I just give them that email every time! Tell ‘em to read that.” “I get confused, lots of agencies does nearly the same thing or mostly the same thing. It’s gonna confuse everybody out there. I think Sunflower’s done the same as Women’s Aid. The police worked with Sunflower on the system, I don’t know if Women’s Aid shared the system, I haven’t enquired... I think it should be linked... If they all knew, know what each other is doing for you ... then you don’t need to repeat what’s happened, what’s happened again and again and again. It’s like hospitals. When one A and E say one thing, they repeat on the ward, why what’s going on? And then the next ward and the next ward ... it’s just like that. Then you get stressed repeating yourself four or five times.” Communication Victims of domestic violence describe the challenges of understanding what is happening with their cases, how they are progressing and what the next steps are, due to difficulties in contacting the police officers dealing with their case. This tends to be about officers being on holiday, off duty or ‘never getting beyond answer phone messages’. Similar issues are talked about in relation to the Crown Prosecution Service and Witness Service. Beyond the practicalities of making contact, timely provision of information to victims of domestic violence can be extremely important, particularly in reducing fear and anxiety: “Sometimes they, I don’t know say they went to arrest him and he wasn’t there in his house for, for instance and they just like leave it a few days and then the last time it was about three days and they phoned me on the Sunday night to tell me they’d got him on the Saturday afternoon. And that annoyed me ‘cause they didn’t, I could have not been as stressed worrying was he gonna come again when he’d already been in custody.” Communication with victims about the role of social services in domestic violence situations is vital, as victims often describe genuine fear that if Social Services find out then may take their children away. This is particularly difficult for victims to hear when they find out that the referral was made by an organisation providing them with support and who they feel should know that they are the victim and are in no way a risk to their children. Providing victims with little or no information about this process and what to expect means that they will ask friends and look online and potentially misinterpret information, causing unnecessary concern and anxiety. “They offered me the Sunflower Centre and were the people who bloody called social to come and give me a visit thinking I was a bad mum. They took my children upstairs and asked them if they were frightened of me. Frightened of me? No. [Women’s Aid worker] she said if I had an issue with you I’d ring social services myself ‘cause we have a duty to do that and she didn’t last year so then when the Sunflower Centre felt that they had to, when I’m lower risk, I was devastated, I was absolutely devastated.” “Social services unfortunately. Sorry for saying unfortunately, but I don’t like them... If you have an abusive relationship, if you have a couple or something goes wrong, like my son went in the bathroom and it’s not my fault, they had a little bolt and he locked himself in. But a housing officer apologised for that. I accepted apology. They then, ‘cause I’d been abused again by this baby’s father, informed Social Services... And social services said they’d call me vulnerable. But they said they’re going for a conference. I told them, I haven’t done anything wrong. I haven’t done this, I haven’t done that … what I’ve been reading on the internet. They went silent on the phone and they said no I know you haven’t, you’re just vulnerable... They’re looking for adult social services for me, I thought ok. I dunno what’s going on.” It is unnerving for victims of domestic violence to have police respond to their calls for help that appear to have no knowledge of their history or current situation. It is not clear from this victim’s explanation why officers arriving to her house at four o’clock in the morning were not made aware of the restraining order she has against her ex-partner. She describes her frustration at the officers for arriving and ‘chatting’ to the perpetrator outside for what she thinks is five ‘very long minutes’ before sending him away. They did not check her safety immediately either, attending to her once he had left. She rightly points out that this little bit of information is very important and would have changed the attitudes and approach the police used in the situation. “Just knowing a little bit of what like I, said like I didn’t know if they knew oh this is the girl; she’s got someone outside her house. They didn’t know oh hold on this has been going on seven and a half years on and off. They didn’t know that. Had they just been told that little bit of information, it’s only a little bit to say isn’t it, had they been told that, and that she’s got a restraining order against this guy, he’s outside her house. Had they have just known that even, it might have not made them so casual towards him.” | 31 32 | Domestic Violence Communication is often talked about in reference to organisations failing to communicate effectively with each other or provide updates and information to victims. Further from that, the communication styles and methods used with victims is an important factor to recognise. The below point made by a victim of domestic violence trying to find out what the court decision was after a trial, received a terrible response: “No court results, that’s one thing that’s quite bad and the man who works in the office is awful, he really sounds like he’s asleep. And I’ve heard this from other people before, this isn’t just me. Just like I think I phoned him at half three and he’s probably finishing his shift and he just sounded like I don’t know, like I was an inconvenience and very, very unhelpful. Just ‘can’t’ for every question. Oh we can’t do that. They expected you to know the way the courts work. They for some reason thought I knew how things work and I said I’m just phoning for a court result. I gave the police officer’s name, they said I could call you today at half three. He was like haha they did they? And that’s what he said to me. Mm yeah they do things like that. That’s how he, that’s what he said.” This is not the type of service that we expect victims of crime to receive. Victims, who did not want to become victims in the first place, have suffered the trauma and distress of domestic violence, battled through a police and justice process in which they have to prove they are telling the truth, tell their story over and over again, they finally get to the point of finding out the decision made about the perpetrator to be made to feel like an ‘inconvenience’. Recommendations •The services to support victims of domestic abuse should be more actively and innovatively advertised, to seek to ensure that all victims of domestic abuse can be made aware of the support that is available. For example discreet messages in places such as GP surgeries, libraries, places of work and on the radio where victims can access information without putting themselves at risk. •Currently victims are confused about which support organisations do what, feeling that some duplicate each other and others are unavailable in some areas of the county. Support services for victims of domestic abuse need to feel like one service, coordinated by one agency and coherently explained and offered to all victims. •Services currently available to support the wider family and particularly children of domestic abuse victims should be further reviewed to identify any gaps in current provision, from which improved services should be developed which better meets their needs. and an analysis of the needs of families and children should be undertaken, to help design improved services to meet their needs. •Currently the onus is on victims of domestic abuse to collect or show evidence to prove their victimisation. This needs to change. Police officers should offer more help and support to victims ensuring they feel believed and officers should take responsibility for collecting appropriate evidence. •Local authorities should review their powers to support victims of domestic abuse in cases where the victim is legally in the country but has insecure immigration status (for example where the victim is a partner of a British citizen who is their abuser), and provide more effective services to them. Victim support services should improve their knowledge to support victims in such circumstances and work collaboratively with local authorities to implement more effective services. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Sexual Offences The effect of sexual offences on victims is particularly pernicious, personal and traumatic. Some of the experiences victims of sexual offences shared about their victimisation are too sensitive to include in this report. Given the trauma and longterm needs of victims of sexual offending, it is particularly important that victim support services and the criminal justice system rise to the challenge of meeting the particular needs of these victims. Whilst the majority of reported sexual offences are female victims, men are also victimised in this way and find it equally, and in some cases more, difficult to report. This section includes the voices of female and male victims, and the parents of children who have been sexually assaulted. Talking about such experiences is not easy. All those victims and family members of victims who shared their experiences through the Victims’ Voice process did so willingly, and their primary reason was to help improve services available for others. “I mean the thing is you’re only gonna gain experience and knowledge through people like myself telling our tale.” “…that’s why I wanted to meet with you, to see what, well not what can be done now, but hopefully what you could do for the future, and where I feel the system’s being let down.” Sexual victimisation has significant and often life-long impact. Commonly used language was of an “ordeal” and a “nightmare”. “…words can’t really describe what we went through as a family at the time.” “And I remember screaming and being like get off me, and trying to get up… And then I got quite hysterical.” “…they’ve been so up and down with emotions it has been unbelievable.” “When I feel I need to cry I can never cry. But when I want to sit and talk about it it’s like, oh, floodgates open.” | 33 34 | Sexual Offences “Initially it had a major impact on me… it just came down like a ton of bricks. I couldn’t think of anything else… I was reliving from the flashbacks the bits I could remember. A lot of guilt and blame of myself for getting myself into that situation.” These impacts are long-term, and often life-long and are wide reaching across the lives of victims. “…it’s got a long-term effect. Initially I wouldn’t go out of the house, certainly not speak to men. Long-term, it’s for life. Going to stay there for life.” “It’s screwed her life up big time.” “I still don’t want anything to do with men at this point. I still don’t really actually even let my dad hug me. There are points on my body where anyone touches them and it triggers things. And I’m ten months on and I still can’t have men touch me.” Victims share feelings of anxiety, and significant changes in where they feel safe. Many victims are left feeling unsafe in their own home and also fearful of going out. There is an impact on work and family life. There are also real concerns about sexual infection. “I was thinking, you know, he’s gonna have all these things, and I was beginning to really worry” “I didn’t sleep. I had anti-depressants and sleeping tablets. Didn’t feel comfortable at home. Felt scared to leave home… My social life was completely obliterated.” Some victims speak of an ongoing fear of their perpetrator, with real worries that they might be approached again by them. Some offenders lived quite close to victims. Some victims experienced counter-allegations from offenders which majorly complicated their circumstances. “being afraid of everything. Fear is there all the time… fear that he was going to turn up on my doorstep. I still feel that could happen.” “I was afraid he would come back to my address. I felt very vulnerable at home. So initially my thought was that he would be arrested for this, give me some sort of security, but that didn’t happen until weeks later” A critical period for victims is when they first experience specialist services, in many cases typically shortly after an offence has taken place and been reported. At this stage there are more mixed feelings expressed of the experience. Others talk of how, long after the offence, the perpetrator still seems to be ‘pulling the strings’. “Serenity made me as comfortable as you could in that sort of situation.” “…the last couple of weeks have just basically been atrocious,… the heartache that man has caused and yet he’s still pulling the strings” Feelings of guilt and shame, and of selfblaming, are commonly discussed by victims in terms of how they felt at the time of the offence and afterwards. “…how he manipulated me, pulled me in, got me where he wanted me” A common experience is one of not being believed, and of losing contact with friends and family. “Others in our group [of friends] thought I’d made it up. Blamed me for what I’d reported. Didn’t believe me.” Specialist services Most victims had engaged with specialist services, and the overwhelming tone of their feedback was that the service they had received had been first-class and critical to supporting them through immensely challenging times. “The wait for getting anyone to come to the building because it was the evening wasn’t great.” “But the room was empty. It was the middle of the night… They have cold, horrible buildings, and you are there with Woman’s Best from three Christmasses ago.” One repeated criticism at this stage of specialist services was of female victims being examined by a male doctor. This was a practice several victims felt should be stopped. “And there was this male doctor who turned up. And it was kind of he turned up and they went are you okay with having a male doctor? And slightly at the point it was a bit, I am in so much shock I don’t really know what I’m even doing. But there wasn’t even a choice. It was just he who’s on call… the time delay wasn’t great and the male doctor thing wasn’t great, but none of it really sunk in at the time.” “I had to go through it all again, not exactly what I wanted to do with a male doctor.” “I would say to anybody Serenity and rape crisis are absolutely brilliant” “The examination was very difficult with a male doctor.” “[Serenity]…can’t fault them” Critical to this support is the comforting sense victims have that services are there as long as they need them, and are sensitive to their individual needs. Longterm support and particularly counselling is seen by victims as critical to their coping with what has happened to them. “They [Serenity] were really good, they were helpful and they kept me feeling like safe as well” “Serenity. She was my rock. Regular appointments. Slightest concern or worry, she was always at the end of the phone. She was just amazing” “Serenity… she’s supported me all the way through it, just been there for me. She has been my biggest support. Emotional support and helped me understand things” Most victims are positive about the ongoing care, although some voice a concern about how disjointed it felt, and their need to ‘tell their stories’ several times over from scratch. This is particularly the case when less ‘specialist’ provision such as GPs are part of the victim’s experience. Some victim’s talk of GPs Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 as ‘simply not knowing what to do’, and victims comment how little knowledge there appears to be of the specialist services that are available, not only with GPs but even with police officers. At times it is clear victims still experience a breakdown of continuity of care, and that services are not made available to them. “they’re going to be there for however long he needs the service.” “I didn’t want to explain it the first time, let alone the sixth or seventh time. There was just, there wasn’t any continuity of care, and there wasn’t anyone organising anything.” The criminal justice experience The single issue that most hinders victims’ recovery is in how their cases are investigated and the delay and discontinuation of criminal investigations and court cases. Many victims approach the formal criminal justice system wracked with feelings of guilt and self-doubt, and a lack of confidence that they will be believed and taken seriously. Sadly the experience of some victims who have engaged in Victim’s Voice bear out some of these fears. Victims were quite clear about what they wanted from the formal criminal justice system. Central to these are desires for ‘protection’, for ‘justice’ and ‘to be believed’. “to feel safe” “to get some sort of justice” “…something being done about what happened” “I didn’t feel protected at all” “…would they believe me?” Victims often have considerable levels of anxiety about approaching the formal criminal justice system to report what has happened to them. Victims begin the process of formal reporting doubtful that cases will be taken forward, and fearful of the ‘ordeal’ of being cross-examined in court if it ever gets that far. “I disclosed it to one of my friends, they insisted that I reported it, I was a bit wary, a bit scared.” “…embarrassing to report to the police.” “… these things are hard to prove, his word against mine.” “I was ashamed about what had happened. Because I’d had a drink the night before, I felt partly to blame. I just felt stupid really. I was a bit wary of how they’d react… I knew I should report it, it was just very scary to go and tell people what had happened.” “I’m probably still slightly running away from the situation of it happening. I was, up to a point okay with just going to counselling. I would want to press charges I just don’t think I’m strong enough to go and stand in front of a defence solicitor, knowing what the statistics are for people actually getting charged… I read somewhere there was a 4% conviction rate. Whether that’s the case or not, but that’s the bit that stuck with me. And that again just makes you think well no one ever gets charged from it… So I felt like I would be humiliated.” “…the thing that’s kind of bigger in my head is there’s no way I could get up there and talk about it, about the nitty gritty side of what happened, and have a defence solicitor turn around and go, you know, throw everything at me. It’s kind of their job, but in a situation like that it’s, to know you’re gonna get someone who’s gonna try and make everyone not believe you, when you don’t feel believed in the first place, completely made me wanna run away.” It is clear that the initial police response is very important in shaping how victims experience the whole of the justice process. It is important for them that the initial process of reporting is professional and supportive; without that professionalism and support, it is unlikely they will ultimately experience the process as a whole as having been positive for them. Some victims do experience this initial police response very positively. “I rang the police straight away, they came out straight away, so in terms of expectations they completely lived up to my expectations when the incident first happened. Couldn’t have been better, couldn’t have been nicer helpful informative, professional, yeah they were just great.” “They’ve been brilliant… I can’t fault really to be honest with you.” For others, the experience was less positive, and in some cases extremely negative. This seems to coincide with times when serious sexual assault matters are dealt with by non-specialist police officers and staff, who clearly have not had sufficient skills and supervision. “I didn’t expect to have to explain in more detail in front of strangers in a waiting room.” “[on first reporting] her response looked like shock. I thought how is this shocking for you, you work for the police, you should know how to deal with things like this… I didn’t get the impression they were very knowledgeable… when I was escorted to Serenity I got the impression it was the first time [the accompanying officer] had been there.” “I just felt I wasn’t worthy, important enough.” (on being turned away from a police station because the police were too busy) “I wasn’t given any advice on what I could or shouldn’t do in term of forensics.” “I thought they’d want to question him. And that didn’t happen. That was the biggest shock. It was all so slow, probably a staffing thing, but it didn’t fill me with confidence… it took five days to take a full statement. Lots more they could have done that they didn’t do.” | 35 36 | Sexual Offences “I felt very pressurised and very judged when they walked in. They had interviewed [the perpetrators] before they interviewed me. And I always thought it was the other way round, I always thought they’d have interviewed me and then interviewed them. The guy [male police officer] I think was trying to make me comfortable with him, and sat telling me how this isn’t what he usually does, he usually dealt with burglaries… And I felt the lady that interviewed me had a chip on her shoulder… She automatically presumed that I was drunk, and kept asking me, you’re sure you didn’t have too much to drink?... And I felt very pressurised and very, very judged. And very unbelieved… They very much didn’t leave their judgements at the door.” “I rang the police straight away, they came out straight away, so in terms of expectations they completely lived up to my expectations when the incident first happened. Couldn’t have been better, couldn’t have been nicer helpful informative, professional, yeah they were just great.” Reflecting the above issue of less experienced and skilled officers and staff, some victims’ experiences of their ongoing police investigation have also fallen well short of expectations. For others, who have experienced skilled specialist staff, the experience of the police investigation has been very positive. “… they were amazing, the officer concerned went over and beyond, sometimes keeping her work phone on out of her hours so she was available… right through the court case and beyond… I could praise her all day long” “The crime itself has left me feeling quite vulnerable however this is something I am confident I will come to terms with and be able to move on. The police investigation made me feel very anxious and caused me to be quite stressed. I felt like I was a nuisance, and whenever I got emotional the police readily reminded me that they were not victim support.” “When I went two weeks without hearing from anybody and not being able to contact anyone, I just felt lost… It doesn’t take two minutes, I know the police are busy but, just a little inkling of what’s being done.” “I had to write down her shift patterns to work out when I could contact her.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “I am definitely going back to the police, because it’s, it’s ruined our lives. And I mean I don’t want to sound selfish, but I hate the fact that it wasn’t done properly.” “And for them to have lost my file, at the point where I thought actually I may go forward with this, they kind of stripped the confidence back to do anything with it again.” When cases do get as far as going to trial, victims have substantial anxiety about what the process is going to be like. This anxiety stems from a wide range of sources, including fictional TV programmes, but is also drawn from experiences of other victims they have had contact with. “So I don’t see why I’ve got to say the exact same things all over again in front of how many…” “they’re not going to make me stand in the court room they’re going to make me stand in a room like near the court room with like a camera and that… But I still, I still think it’s sort of wrong that his solicitor is going to stand there and try and like ask me questions and try to fool me into saying things. Like luckily I think I’ll do fine, ‘cos I don’t think I will be fooled by it, but my sister [is younger], she’s not going to understand that they’re trying to twist her around.” One complaint of victims is that they have never met the barrister who will be presenting the prosecution case before the first day of the court hearing, whereas the offender seems to have developed a close relationship with their counsel over several months, reinforcing their perception that the system is all geared around the offender and not at all focused on the victim. “I don’t know who this person [the prosecuting barrister] is, I don’t know anything about them, not even their name.” The length of time court proceedings take, and the inconvenience and upset of repeated adjournments usually requested by the offender’s legal team, has a major impact on victims. “It’s just him prolonging it, his solicitors prolonging it and then the Judge bowing down to him, which I must admit I did not like whatsoever, because the trial date was set. We all got there, people had weeks off work to come and support me and my family, we had people coming down from different sides of the country to support the family… and it weren’t even the eleventh hour… everyone is so psyched up to go to get it over with, to get on with their lives one way of another…” “Now I’m going to be missing time off Uni [because of the trial delay] and have a whole week off… so I’m going to be missing like time off Uni and they’re going to have to know why and I don’t want them to know about it. I just wanted to go to university and just make a fresh start.” “So the court case has stopped me from being able to talk to my counsellor about things I really need to talk about… the court case is gonna be going on for about a year and half… I’m going to have no counselling sessions left by the time it’s over to talk about anything.” Perhaps the single most impactful issue negatively for victims is the discontinuity of their cases. “…in the end it all came to nothing.” “I was very disturbed, but mainly angry, he could get on with his life as if nothing had happened… the CPS weren’t taking it any further and he’d just walk free.” “The CPS decided that there wasn’t enough evidence against him… I suppose with most rape cases it’s one person’s word against another. That’s been personally speaking the most frustrating thing… because I know he did it… it’s the feeling that there is a rapist out there on the street still.” It is clear that communication and explanation can be improved for victims at this most difficult of times. Most victims had a level of appreciation of why criminal cases might not be able always to proceed, but feel they were not engaged at all in the decision to discontinue despite it being about their victimisation, and that often they even struggle to get a full and straightforward explanation from any of the professionals concerned. Sometimes the impression the victim has is that the CPS have taken the decision, but that they ‘hide behind’ the police who explain that decision to the victim ‘second hand’ rather than directly from the CPS. “…so I don’t know, to this day I don’t know 100% why it didn’t go to court.” “I asked the police, I wrote to them and asked why they weren’t going to do anything… And they said to me I need to write to the head of the CPS.” “…the judge wouldn’t hear the case… Obviously that was soul destroying for me… to me he’s just got off scot-free with it, so he can go around and rape as many women as he wants to because he got away with it…the judge should speak to them, actually speak to the victim. Hear their point of view. Hear how it makes them feel. So he knows their fear. I don’t see me ever being in a relationship again. I don’t see anyone being in my life anymore. I’ll never trust a man again. Is the judge aware of that, how he [the offender] left me for the rest of my life? Is the judge bothered, more to the point, I hope he is… Why, its just so unfair and unjust.” “I think after they’d questioned him, it went to the CPS and they decided it wouldn’t go any further.” Taken collectively, it is clear that much needs to change across how the formal criminal justice system responds to cases of serious sexual assault and rape. Those victims who have spoken with Victim’s Voice mostly feel let down by much of what the formal justice system has provided for them in their cases. This is in contrast to the specialist victim support services, where victims feel on the whole that their experiences have been positive. | 37 38 | Sexual Offences Recommendations •The police should further develop the training available for all police officers in respect of being ‘first-responder’ in cases of sexual assault, to improve the quality of initial contact, manage to a higher standard the initial stages of investigation, and ensure a thorough knowledge of the specialist services available. •The current practice of non-specialised police officers being involved on an ongoing basis in dealing with and investigating cases of sexual assault presents significant risks. Officers undertaking such sensitive work should be fully trained and during the period of transition into such specialist work should have access to specialist supervision. •The police should review whether sufficient specialist resources are available to deal with all cases of child sexual exploitation and ensure these are readily available when required. •Arrangements should be put in place to ensure that all victims of serious sexual assault and rape attending specialist centres are able to be examined by a doctor of the same gender. •The Police and Crime Commission should commission an independent local review of the attrition of serious sexual assault and rape cases through the criminal justice system. This review exercise should consider all discontinued cases over a period of two years, including engaging with some of the victims concerned, to identify clearly the reasons identified at the time and to inform current and future practice. •The Crown Prosecution Service should explain face to face with the victim concerned all decisions that they have taken to discontinue cases of serious sexual assault and rape. Victims should also be made aware of their right to appeal and seek a review of the decision. •The police should ensure that arrangements are in place for confidential reporting of sensitive issues such as sexual assault in respect of all front-counter and other police contact points, and that all front-counter staff are knowledgeable about the specialist services that need to be engaged in such cases. •Consideration should be given for how services to support victims of sexual assault can be developed to better meet the needs of victims who are reporting historical abuse. •Engagement should be undertaken with young people who have been victims of online exploitation and who are vulnerable to such exploitation, to develop a plan for improved service provision in the future. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Impact Hate crime has similar ongoing impacts to victims’ lives that occur to victims of antisocial behaviour. These issues are often long term and can impact a whole family. They can start off by being seen as lower level issues to begin with but then escalate. Hate Crime “Quite low level stuff but persistent, day on day, week on week, with very few reprieves – caused an awful lot of stress for [mother of disabled son] – a lot anxiety – real problems with [disabled son] who has (severe disability and behavioural problems) and his view is he’s here to protect his mother – and trying to keep the lid on him with this going on, was very hard on him. [Mother] has health problems herself – heart & lung issues, diabetes, mobility problems, not a well person, so it caused extra stress for her, made the diabetes worse, suicidal at times, certainly been depressed……[Son] also got very stressed his behaviour did increase which caused problems at his day centre.” A victim being targeted because he is Asian, told us how it was regularly occurring and how repairs were affecting him financially. “I kept on replacing the fence even in the front and in the back and all that, but in the end now I’ve given up I’ve spent so much money on that fencing replacing it all the time it happens. So in the end now I’m not replacing anything, if they break it let them do it, let them enjoy themselves. I’m not putting a new fence up there for them to come and kick it again.” The same victim stated that the issues were affecting him and his family so much that they were having to change their daily routine to avoid the offenders. “So I’ve started avoiding them, I even told my family that if they heard anybody outside the kids going out or people passing down or anything, wait till, let them go and then go out or if your car driving in stay in your car until they are gone and then get out the car and come into the house. So we have started doing that now.” | 39 40 | Hate Crime Hate crime can have a significant impact on people’s lives and feelings of safety that is ongoing and long term; “It carries on for a few days and then it dies down for a couple of months and then starts up again. That’s what keeps on going.” “Living with that is very hard, my nerves are going and I am getting suicidal again cos yesterday was dreadful… I won’t be able to take much more and I’m not moving. It has been very wearing, all consuming. You can’t live in your home in peace, you can’t enjoy your home.” A transgender victim spoke of the how the crimes they have experienced has had a continual impact on their life. “Every time that I’m standing out on the street, I’ve gotta watch my back, I’ve been assaulted, would I walk to the corner shop after dark in winter? No would you? Letters, people on this street don’t like you, don’t like what you’re doing, don’t approve, you ought to move away… so the result is – you fear for your personal security.” People with learning disabilities described having their houses targeted by children; “And I had an egg chucked at my windows… And a brick through my door and five washing lines cut… And they sat on a wall and, and they chucked stones at the window.” Lack of understanding of what hate crime is Victims and organisations that told us their views were concerned that the police and other organisations frequently do not identify hate crime as a factor when other crimes or incidents are brought to their attention. “…because although its never been talked of as technically a hate crime, that’s another issue, I feel it is, and I’m not sure that’s ever been accepted by the police. I did mention that to PC [named officer] and he said “well, no” well, when is a hate crime a hate crime – I do think they are targeting because they are vulnerable – he might not call [victim] a retard or a spaz or be overt but its definitely because they are vulnerable.” This was further evidenced when we spoke with those who work in and around the criminal justice system. “Distinguishing between hate crime and ASB is an issue for many members within the criminal justice system, let alone victims of crime” How did the police and other organisations respond? A victim told us about the homophobic verbal abuse they experienced and being chased in a car by the offenders. The victim drove to a police station that was closed and telephoned the police. “[The call centre operative told me] somebody will be in contact with you in the next day because we’re quite busy tonight, we don’t have any police officer to deal with this situation, just drive home and make sure you’re safe and I did… I think he came the day or two days after.” Despite this response, they told us about the positive experience they had received from a local officer and the openmindedness shown; “So and then the police got in touch … he was fantastic. He was so … understanding, you know and actually he was the right person to actually came and took the statement. He wasn’t judgemental or anything, he was just there doing his job and he felt, he made me feel at ease because he was listening too, because as far as he was concerned you know I was being under attack for whatever reason, you know whatever I was doing at that location, you know.” The follow up also met the victim’s expectations; “[The police sent a] letter out to me if I had any more issues to ring 101 and speak [to] a certain individual that were addressed to my problem. I mean which [was] really nice… I know it’s only a piece of paper, but something like any eventuality I think it’s just for somebody to acknowledge the fact that something did happen.” Other victims struggled to get the police and local council to take the issues of hate crime seriously. A victim who had learning disabilities described the lack of support they received from the police. “I don’t know if you know him or not and he’s a drug addict and keep tapping my door, sugar, milk, fine, he tapped for something else, then he tapped for money… No they didn’t believe me, he didn’t believe me I’ve got a learning difficulty, they didn’t believe me I got a, I had a nervous breakdown.” An advocate describes a victim’s experience of hate crime from a neighbour and describes the long journey before it was taken to court: “It is our view that these neighbours are targeting [mother and son] because [son] has a disability, [mother] is poorly herself and they are a vulnerable group… they (the police and local council) saw it as “tit for tat, they saw it as a neighbourhood dispute and thought that police arbitrations was the answer- it was a bad experience … eventually police did take more seriously perhaps than the council, cameras installed, enough evidence & witness statements for police to take the neighbour to court… police were working closely with the council, we hoped there would be enough to start eviction proceedings but council decided that he’s been punished enough and he should be given the chance to amend his ways. We knew that that wouldn’t happen. He started again but he was very careful not to be caught on cameras, but we knew eventually that he would slip up. Eventually we got both of them on tape (threatening and swearing), and that’s enough for the council to, we had to push them down this route, after the sentence they came up with the idea of a neighbourhood agreement. I got quite angry at that stage, for goodness sake we’re well past that, and they have now stepped up, we asked to go higher and got another manager involved, they’ve got the evidence, they’ve taken it to court. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Definitely a feeling that they weren’t doing anything, or believing [victim] before the camera evidence.” Another victim told us; “I just wanted somebody to be completely impartial and unbiased and it felt like that wasn’t what was happening. It was immediately perceived that it was the neighbour that was the victim.” One advocate spoke of how a victim with learning disabilities and his carers were being targeted by his neighbour. Environmental health, due to noise nuisance claims against the person with learning disabilities (which were found to be false), had been involved and then issues were escalated to the police. The advocate was going over and above their duties to tell different police officers on three occasions that if they are called to the person with disabilities home that they wanted to be contacted. They explained what they had told the police: “… you can phone me at any point, I will attend with you, or for you. I completely get that if you are worried for their safety you are gonna attend, but the gent has an ingrained fear of the police, he’s terrified that he’s going to be arrested and taken away to residential and never ever be allowed in the community and he doesn’t have behaviours like that. Anything that would warrant that kind of attention. He’s terrified and with the neighbour regularly calling the police … so I had said please call me instead.” “I weren’t very happy about you know what the judge had only gave to him ‘cos they only gave him three years inside for doing it. I wish they would have give him more … but also they did give him three weeks community service work after he come out … but like I said police got there in time to sort it out and get the weapon off him, but you know I wish they would have … helped me, made him ‘ cos of what he did to me, you know put him inside longer.” On three occasions the police reassured the advocate that they would do this. On one of the occasions the police were let into the house by a carer who advised the police not to wake the victim. “[They were] basically told that they needed to check that he was safe and well, I appreciate that, but it was absolutely terrifying for him to the point where, I get quite emotional about it, the next 2 nights he (victim) was so terrified, that he slept on the landing outside the carers door to protect the carer.” It was not until the police hate crime unit got in contact that service improved. (The hate crime unit within Northamptonshire | 41 42 | Hate Crime Police investigates the more serious offences, vulnerable repeat victims or any cases that are thought to need specialist investigation. Hate crimes and incidents dealt with by local policing teams and other departments are always reviewed by a hate crime officer). “I was contacted by [staff member] from the hate crime team who said what can we do & do you know what – it was a massive relief somebody actually listened…To be honest they were brilliant… I then received a phone call at about 10.30 one evening from the Police to say that they’d had a report of noise loud slamming of doors and shouting, would I go or telephone the house to check everything was ok, and I cheered, all this time I have battled, please don’t turn up on his doorstep and scare him, and finally, yay, it was done… but it felt like at least 18 months of fighting over what I consider poor communication.” Other victims also told us their experience of the hate crime unit. One victim told us how they were kept up to date with details around the investigation; “…and then out of the blue I had a phone call, I think it was two weeks later from [hate crime officer], yeah who was really nice … he explained the situation of his job… And then I had several phone calls with himself after that keeping me posted and updated.” When this individual was asked if they were aware of the hate crime unit before the crime occurred the victim stated. “Yeah I didn’t think I was the sort of person that would fit into the category because, because I wasn’t injured, I wasn’t attacked, I didn’t lose any money or anything. It was just abusive languages, you know like queer, you know you disgusting bastard, things like that.” A victim told us about the service they received from their local policing team and how the hate crime team then followed this up. “… left me the alarms, you know the window alarms, the door alarms and things like that and the sign, you know just the stickers and signs to put on the windows, things like that and they were quite supportive. Everybody’s been supportive. I even had the visit from hate crime unit; she even arranged for surveillance cameras to put round our property, but funnily enough when the cameras were there nothing happened. Nothing happened at all.” Support for Victims of Hate Crime But one victim spoke negatively about the purpose of the hate crime unit. “There does not appear to be support for people experiencing hate crime. I do not believe victim support is best placed for this …though [they should] be facilitated so that reactions and feelings are dealt with productively. (I am a professional but I did feel like going out and smashing other people’s cars...which is a ridiculous response. If I was younger I probably would have” “The hate crimes unit got in touch with me because they’d picked up that it was a hate crime….. I asked “are you now going to handle the case” – he said we can’t – we can only advise the local area police….. so hang on a minute – we’ve got a hate crimes unit that can’t actually do anything – can you direct them? No, we can only advise … so what the bloody hell’s the point of having a hate crime unit?” Outcomes Individual victims describe the differences they wanted in terms an outcome to their case. When one victim was asked if they wanted to bring charges against the offenders the victim said. “No it’s not about resolution, it’s about these people learning to behave themselves in public place because you know nobody was injured, it was only some hurt feelings at this time, but you know they need to realise they can’t … do it again.” Other victims want longer sentences. A with learning disabilities who had been assaulted with a crowbar requiring up to 24 stitches described their experience when the case was taken to court. “I weren’t very happy about you know what the judge had only gave to him ‘cos they only gave him three years inside for doing it. I wish they would have give him more … but also they did give him three weeks community service work after he come out … but like I said police got there in time to sort it out and get the weapon off him, but you know I wish they would have … helped me, made him ‘cos of what he did to me, you know put him inside longer.” There are examples where victims do not feel services are available that meets their needs, which can be intensively frustrating and add to the victim’s emotional turmoil. A victim who had had their car repeatedly damaged, but reported it only after the third time told us: In relation to victims with learning disabilities, it was said by an advocate that they can need ongoing support to build up their confidence and also to interact with other people, so that they do not feel so isolated: “And just for [victim] to have that interaction every Friday to come down and work with us has put [victim] in a much, much better place than what she was before we started hasn’t it. It’s given her more confidence to come out…. I think that is the problem out there a lot of these, you know people are being sort of part of crimes, incidents around their disability, but there’s nothing else to help, there’s nothing out there and especially some who actually like perhaps [victim] who is all on her own and nobody else to talk to or.” Some victims with learning disabilities describe the positive work of local policing teams and the reassurance they felt from officers knowing them and developing relationships: “The officers work together, everything and you know they, the officers … but I think it works really well, there’s a community sense there in Corby and with the PCSOs [police community support officers] as well because the PCSOs go and make sure they go around and see these people.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Someone we heard from who works in and around the criminal justice system told us there is a lack of appropriate counselling and support available for victims of hate crime. “Counselling is completely lacking, the biggest impact of history of incidents building up, You can to your GP and get put on the list for counselling, but its not there. They want to know they are talking to people who understand. They want to speak to one of their own e.g. lesbian, gaythen that barrier goes.” Support in Courts Some victims spoke of the positive support they received through their experience of court. “There was good support there from the witness support people, [a member of staff] from the hate crime unit has been very supportive.” Recommendations •Hate crime should be more actively and effectively managed with outcomes which better satisfy the needs of victims, particularly in the parts of the county where this is identified as a pernicious and ongoing problem. •The police need to consider how longer-term cases of hate-based victimisation are managed, to ensure issues are ‘flagged’ on systems, investigated and attending officers suitably briefed of the full circumstances. •Support services for victims of hate crime should be designed to provide long term, quality service that meets their needs, particularly in relation to counselling and confidence-building. •The police should evaluate the current levels of knowledge and skill across offices and staff in dealing with hate crime and the knowledge of offices and staff in respect of the diversity of their communities. •The Northamptonshire Police, Crime and Justice Institute, once established, should undertake a research study into the experiences of victims of hate crime, in order to shape the improvement of future services and response Other victims told us the difficulty vulnerable victims can face in court having to remember the immense amount of detail contained in the statements previously made; “The evidence included 5 statements that [victim] had given over quite a time span and given that all these incidents were very similar the swear words were very similar, sometimes they were gestures, so when [victim] stood up in the witness box, we had been through the statements, literally just before the court case, I thought, she’s not going to remember all this … I don’t think anyone would remember and you don’t have a copy of your statements … so actually that did not help her case luckily it did go in our favour, if you’re just relying on witness statements, not a good thing.” A victim who had learning disabilities spoke positively abut the officer that had attended the scene of the assault coming with him to court, and giving evidence of what happened to back up the victim’s story. | 43 44 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 The victims we spoke to and heard from came from across the county and from a variety of backgrounds and experiences. There were specific issues that arose in discussions with victims and witnesses that relate to the fairness of services received, and understanding and meeting the diversity of individuals’ needs. Some victims describe excellent service shown by officers and staff who have been attentive, open-minded and nonjudgemental in a range of different situations. Fairness and Diversity A specific issue that many young people in Northamptonshire feel, which is supported by national research studies, affects their relationships with policing and the wider criminal justice system. They often feel that police officers and other staff in the justice system demonstrate negatively biased views and behaviours based on their status as a ‘young person’. Young victims explained to us that when they report to the police they feel they change from ‘victim to offender status’ based on their age and presumptions of their involvement in anti-social or criminal behaviour. For example, as a teenager being beaten up whilst in a park with a group of friends, this context can affect officers’ perceptions of the young person as a victim based on their negative preconceptions of their behaviour. Some young victims describe feeling ‘patronised’ by officers and support services, who fail to take their experiences seriously and treat them fairly. These issues are described in more detail in the ‘young victims’ chapter of this report. This is a very important issue as interactions with organisations and authorities at a young age define those relationships during adolescence and adulthood and can have a serious impact on confidence in the justice system and willingness to report victimisation and crime. | 45 46 | Fairness and Diversity Many victims and witnesses with specific needs and requirements feel that the criminal justice system, and in some cases the wider support agencies, are not equipped to help them in the ways they require. Disappointingly, it seems that this tends not to be about lack of resources, appropriate access or materials, but is actually based on the skills and behaviours of the officers and staff dealing with them. Assessing individual needs effectively and tailoring services to meet those needs is vital to enable all victims and witnesses to participate fully in the justice process and to receive all available support and help. This takes time and consideration on an individual, case by case, basis. In response to this context, some victims explain it is very important to them to have the same officer attend their calls for help, because they arrive with full knowledge of their needs and requirements. An advocate for a victim with disabilities told us: “It’s been inconsistent, the police intervention and involvement, we can’t get anyone out in a reasonable length of time. Also you get a different officer out each time, they don’t know the case, they haven’t got the sensitivity that might be required.” Young people with disabilities describe their vulnerability as a trigger or target for victimisation by others which makes them fearful and anxious. Parents of young victims feel that the language used by police officers can be too complex and felt that they needed to simplify questions and information so that their child could fully understand the information provided. Representatives working in the justice system raise issues of people with learning disabilities and difficulties being unable to “complete a web based reporting form” and state that different methods are needed to communicate to different groups for whom this is not easily accessible. Adults with learning disabilities describe the difficulty they face with members of the community where their disability is not visible: “As soon as you see, you see the disability and I think like with [names removed] you see a person coming along the road with, nobody expects any sort of different behaviours ‘cause they don’t look like they’ve got a disability at all, they don’t act like they’ve got a disability and if something happens that people just wouldn’t generally expect. It’s so much harder.” The Keep Safe Card was created to recognise vulnerable people who need extra support and help in the community. If a person with learning disabilities needs assistance, whether they are lost, a victim of crime or any situation that means they need some extra support, they can use the card to access this help. The card holds basic information about the individual such as how they communicate, any health issues and any emergency contacts such as parents or carers. There are concerns that although the card has been used and promoted for the last two years police officers remain unaware about why people carry them or what they need to do in response to them: “I had one bad experience with a policeman ‘cause I had a safe card and I showed him it and he said there was not enough information on it.” “Cause what he said to was to, to [person with learning disabilities] was there’s not enough information on the card and the problem is when we done the card we couldn’t make these guys vulnerable, so there is lack of information on the card because we can’t put your name, your address, National Insurance number… you just ring the control room because the police have got all the intel, they’ve got every bit of information on the intel. So all the officer needed to do, I’ve got [person with disabilities name], she’s got a keep safe card can you give me more information and that’s all he need to for information, but we can’t leave vulnerable people with all the names, addresses, let’s put all your information, so on the keep safe card all they’ve actually got.” A person with learning disabilities explains that the police appear to be hesitant and in some ways unwilling to approach and talk to people: “Why is the police scared of us, we used to be scared of the police. Now the police are scared of us.” The group that developed the Keep Safe Card are keen to deliver training with front line officers and staff within the Police, which would be delivered by people with learning disabilities and their advocates, but raise concerns about consistent delivery across the County and broader organisations. The Keep Safe Card was designed to help vulnerable people and people with disabilities to communicate with all organisations and people and essentially make it easier for their needs to be met. It is not fair to those using the cards to call for help and assistance and receive a service from frontline police officers or staff who are unaware of the card and insensitive to its’ purpose. Vulnerable victims’ experience of the criminal justice system A mother of a son who has disabilities and who had been physically and mentally assaulted described the impact on her son and as a mother; “I’ve had a nervous breakdown. And now I can’t work, because I have to look after him because he will not go anywhere, he’s too afraid… [he] now has to sleep with the light on, he has to have the television on, he has to know that his teddies are either side of him. And this is at home, you, know, it’s just a nightmare...the nervous breakdown came first because I’m absolutely wracked with guilt…. I say that with my hand on my heart, because I can’t function properly… I sit there and I think that man, what he’s done. What he’s done to other people… if you’ve got children you know that gut feeling that you get” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 This mother told us her frustrations and anger in the lack of prosecution in the crime her son had experienced, and her great concern that people with disabilities will not have their cases progressed due to being unable to be questioned in a formal court setting. “…but the CPS won’t prosecute him in regard to [victim’s name] because he is not able to withstand questioning in a witness box. So because you’re disabled and you can’t speak for yourself and you have a learning disability, whatever happens to you happens to you, and nothing gets done.” This victim also spoke of the initial positive experience from the police but that there was a complete lack of support offered to her and her son and the long term effect this has had on their family. “…they were friendly, but friendly and helpful are two different things… the liaison officer said if you’ve got any problems with this, if you’ve got any problems with that, call me. And I did to start with, but then I started calling and, not available, they’ll call you back. And then you need to speak to so and so now. And it, it seemed to be going all over the place. And all of a sudden I didn’t know where I was and who I was talking to. But not once was I ever offered victim support for myself and [my son], which is why, had either of us been given some support, I probably wouldn’t have had my nervous breakdown… I let him down. And that haunts me, if that makes sense. And nobody has ever said, you know, d’you want to talk.” Working with diverse communities Black and minority ethnic (BME) communities represent around 14% of the population in Northamptonshire concentrated in Northampton, Wellingborough and Corby. Victims and witnesses in these communities tend to report higher levels of dissatisfaction with the support they receive from the police and support agencies and often describe a lack of following through on reported crime, particularly anti-social behaviour and issues they feel represent hate crime. There is sometimes confusion or disagreement between victims and authorities about whether crimes should be categorised as hate crimes. The Northamptonshire Rights and Equality Council informed us that: “Many people who have had a poor experience of reporting hate crime (no action being taken or being made to feel that they are ‘the problem’ when they do report issues) will not do so again. When this takes place situations can often become messy with victims sometimes becoming perpetrators and perpetrators becoming victims...agencies find this very difficult to deal with...” “There are differences in support in different parts of the County. It seems wholly dependent on the individual officer dealing with the issue and their awareness and sensitivity to the issues surrounding hate crime. One incident reported to the police that took place in a school in Wellingborough merited a call to see if officers could engage with the victim and offer support, another case in Kettering which a parent reported in a school resulted in the parent being advised that no action could be taken as it was in a school.” “The fact that the overwhelming majority of hate crimes are racially and religiously motivated crime make this kind of hate crime an intensive area of activity. Poor experiences in some areas of the county of the management of hate incidents and the absence of bringing perpetrators to justice discourage victims from coming forward. We believe that this is particularly the case amongst taxi and private hire vehicle operators in Northampton.” Agencies working in and around justice should seek to develop more positive working relationships with black and minority ethnic communities and recognise the importance of understanding the leadership structures within them. Faith community leaders are influential, often have deep roots in their communities and can help facilitate constructive communication between criminal justice agencies and victims and witnesses. More work should be done to fully understand the differences between communities and address some of the tensions within them. For example; one individual working in the voluntary sector said more work is needed to help: “certain faith groups to accept LGBT [Lesbian, Gay, Bisexual, Transgender] groups, needs to be two way, there is a real barrier to working together.” Other organisations describe the importance of working with community members to encourage them to work with their friends, neighbours and family members to increase confidence in reporting of crime. A women’s Muslim group is used as an example of a positive way to break down these types of barriers. “a lady wearing a full face veil. She is very reluctant to report. A lot of her friends have experienced the same”. | 47 48 | Fairness and Diversity Language barriers/ communication methods Victims describe the difficulty of contacting services and arranging help when speaking English is challenging. Two victims of domestic violence describe this: “I got problem because I can’t explain what I have got problem but I speak slowly slowly so they understand me. I speak English little bit little bit, then after they understand me. They [Women’s Aid] ring taxi for me, they ring hotel because I don’t know how to ring. They ring hotel because they haven’t got place in Women’s Aid…in Women’s Aid everyone speaking in English but they really helpful…they haven’t got staff in our language Gujarati but they understand our position, they fill forms for us, they start my benefit and everything.” “I told [police] lots of information, they totally ignore that…they went to do what my ex want to do. They favour him instead of the victim…He took children to police station and tell that Mum has hurt him. One, it’s not true… but again, at that time my English was not right…No I did not get offered language line and honest with you now if someone needs translation in Italian, I will offer, I will volunteer because I put my feet in these people’s feet. When you need help with the language and no one is there…” Future work needed We have been able to identify some of the diverse needs and expectations of communities within Northamptonshire but we feel that we have only touched the surface in this area. It is important that organisations working in and around the criminal justice system are committed to meeting the needs of diverse communities in the county and the focus should now be on how this should be done. “…they were friendly, but friendly and helpful are two different things… the liaison officer said if you’ve got any problems with this, if you’ve got any problems with that, call me. And I did to start with, but then I started calling and, not available, they’ll call you back. And then you need to speak to so and so now. And it, it seemed to be going all over the place. And all of a sudden I didn’t know where I was and who I was talking to. But not once was I ever offered victim support for myself and [my son], which is why, had either of us been given some support, I probably wouldn’t have had my nervous breakdown… I let him down. And that haunts me, if that makes sense. And nobody has ever said, you know, d’you want to talk.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Recommendations •Victims and Witnesses need the reassurance that the principles of fairness and diversity will be taken seriously and treated with respect by the police when they investigate crime. The police and support agencies should consider how to further increase the knowledge and experience of their staff so they can demonstrate transparency in their working practices and work sensitively and effectively with diverse communities. •The police should identify at an early stage where a victim or witness does not speak English as their first language, and ensure translation services are provided to ensure the victim or witness is fully able to communicate the issues or crimes they are experiencing •The police should ensure that all new and established officers and staff are sufficiently trained in the Keep Safe Card scheme, for the police to act as advocates for this scheme, and to ensure people with learning disabilities are involved in this training. •Consistent and specialist advice and support should be provided for vulnerable victims including victims with disabilities and their families. •Black and Minority Ethnic communities consistently report dissatisfaction with how their concerns are dealt with by the police. The Police and Crime Commissioner should consider how their voices are heard and ensure this information is acted upon. •The Police should actively engage with organisations, faith leaders and the Northampton Rights and Equality Council, which support Black and Ethnic Minority communities and consider how a more collaborative and mutually accountable working relationship could be developed to improve outcomes for victims and witnesses in the future. •There are examples of excellent police engagement with BME communities. This needs to be scaled up and mainstreamed across the county. To achieve this, greater priority should be given to comprehensive diversity, race and cultural awareness training for all police staff. | 49 50 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Impact “Devastating doesn’t even cover it. My whole world turned upside down and things will never be the same again. A guy doesn’t check his mirror and bang, in that second a family is destroyed. How do you get your head around that phone call? Come to the hospital and say goodbye to your Dad. He died just before I got there.” A witness describes the impact the collision had on her; “It was very sad for the guy who was driving the car who was hit and very seriously hurt, and the drunk driver was a horrible man and it was all such a mess. Made me very aware of things on the road and quite fearful of driving for a while, realising what impact others can have.” Roads Victims Missed or forgotten Victims of road collisions whose loved ones have been violently killed or who have suffered serious and life-changing injuries are not recognised in the same way as victims of murder, violence or even burglary in some cases. This means that whilst other victims are automatically offered face-to-face and telephone support, offering advice, information and emotional support, victims of road collisions are often left to cope alone with the sudden and tragic aftermath that follows. Many collisions are not followed by criminal prosecution, either because no crime occurred, or because someone who committed a crime was killed. Many crash victims fall through the cracks and do not get the support they need. Road victims in Northamptonshire receive a pack of information, which includes details about national organisations which offer limited support services through a helpline and support groups which are run in specific areas of the country. This means road victims in Northamptonshire are likely to have to travel to London or Birmingham to receive face-to-face support and will have to organise this themselves. “We received a booklet produced by Brake from Northamptonshire Police and had to put in place our own bereavement support.” | 51 52 | Roads Victims Victims feel frustration and annoyance at a system which categorises them in ways which mean very little to them, particularly in those first traumatic times where shock, despair and upset make understanding the system very difficult. It remains that the only support automatically offered to all bereaved road collision victims is Brake’s packs, and there is no automatic offer of support for serious injury victims at all. So there is no access to the help they need from the outset, and then the right support over the months perhaps years that follow, as appropriate to their needs. Many victims find themselves lost and bewildered, not knowing which way to turn. “The impact of losing our son has had huge emotional consequences for all our family and continues to affect our lives and relationships.” “Parents rarely recover” “Serious financial problems and inconvenience as she needed the car to travel to college and work. At the time, we only had limited bus service that suited neither college or part-time work. More distress as the car was a Christmas present from her mother. Fury because the police refused to attend! I insisted they did on the following day” Offers of support services tend to be provided or focussed towards a bereaved spouse. But children or other family members that may have very close relationships with the bereaved or could even have been involved or witnessed the collision are often excluded and receive little or no support. “I had to collect the death certificate, and take it everywhere, it’s surprising, I guess being young and never having anyone close to me die, how many people and places you have to take it. I had to go to the bank, and close his account, move money, speak to the insurance people. My Mum couldn’t face doing anything, because you have to say the words over and over again, ‘he died’. I didn’t know what I was doing, just every time I went somewhere to sort something out they’d say, sorry but you need this certificate or sorry, but you need the coroner’s report to do that… All the information about what was happening was going to Mum, but she wasn’t the one sorting everything out, and I couldn’t exactly ask her, do you know who else I need to send a copy of this death certificate to?” “Recognition of wider family members and others directly impacted is needed” “Our family was completely shaken by it, losing him has changed everything, my Mum still feels her life is empty without him, and we, the kids, battle through really just to keep her going. I don’t really remember the first two years because I was just on auto-drive trying to keep her alive. It’s only now that my friends tell me that I didn’t do anything then, I didn’t go out, I didn’t go on holiday, I tried to be home all the time to look after her” Family Liaison Officers and the justice process Victim experiences of family liaison officers are positive. They are immediately on the scene, specially trained to interpret police jargon into information and explanations that victims and families can understand. In the first few weeks and months victims tend to describe family liaison officers as vitally important to them, providing emotional support as well as explaining investigations into the road collision and proceedings. “I was extremely impressed with the care and understanding we received from our police family liaison officer and his colleagues in the collision investigation team. We were offered support and everything was done to answer our questions about the details of the accident in a sympathetic and caring manner. They also provided ongoing help and advice leading up to the Inquest and accompanied and supported us in court. The service we received was excellent and exceeded my expectations.” “The police were nice and calming in the first instance” “The family liaison officer was great, he arrived at the hospital, and stayed with us for five or six hours, answering our questions, all night, drove us home at 6 o’clock in the morning. Said if you need anything, anything at all just ring” “He organised for the road to be closed so we could see what happened, he explained it to us, showed us what happened and where, why the other driver was there and how he made the mistake he did. I didn’t understand how he could have travelled so far, from the initial collision, that was painful to see. But really helpful. The police officer explained it to me over and over bless him, kept repeating ‘but he wouldn’t have felt anything, adrenaline is a powerful thing, he honestly wouldn’t have felt a thing” However, the role of family liaison officers is often misunderstood, by both victims and the wider justice system. They work for the police, their role is primarily investigative and whilst they liaise and explain what is happening to the victim and their family during this time, once the investigation is over, technically their liaison with the family is complete. Whilst many officers continue to support victims through the rest of the justice process, attending court with them and continuing to make supportive phone calls, this is not within the remit of the family liaison officer role and it can become difficult to manage with the rest of their workload. Victims describe not feeling prepared for things that happen during the justice process and still having questions. This suggests that more can be done to explain and support victims going through often complex road collision court cases. As the descriptions below suggest, more needs to be done for victims of road collisions, to help them understand the process, the decision-making and what to expect. “Our only contact was with the Coroner. We expected a thorough investigation that was reviewed at the Inquest to ensure lessons were learned and future deaths were avoided. We were extremely disappointed by the level of disclosure we received from the police and the Coroner before the Inquest, this made the Inquest very difficult for us and left us with lots of unanswered questions.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “We knew he was denying it, but the police were confident from the forensics and the reconstruction of the scene that he couldn’t get away with it. It was his mistake. So we finally got the Inquest done and the Coroner’s report, so we could organise the funeral. Out of nowhere the guy decides he wants his own Inquest done because he doesn’t believe the first result, that he died from multiple organ failure. How exactly you can dispute that I don’t know, and why he thought the Inquest done for us could be biased in any way baffles me. It’s horrible that the man who caused his death has the right to have his body opened up again, when we just wanted to put him to rest. So because he waited until the last minute to make his decision and request a second Inquest, we had to cancel the funeral arrangements and rearrange. We wouldn’t have organised everything and told all the family if we’d known we might have to ring them all again to cancel it. It was a month before we could bury him, and we had family travelling from across the country.” “A £250 fine and six points for making a mistake that took a life. I didn’t want him to go to prison, but maybe take his license away for a year or two; make his life a little bit difficult, considering that he had changed ours forever.” Communication Witnesses of road traffic collisions, who are sometimes impacted quite significantly by the experience and feel a real sense of civic duty in ensuring they do their bit to ‘get justice done’ for the victim, tell us that they are not treated particularly well and communication about court dates and expectations of them is very poor. Witnesses are vital to the justice process and something needs to change to show that they are valued, to treat them fairly and encourage them to continue to support and participate in criminal justice. “[I expected] they would make sure I could be in court to testify that the driver was drunk. Once they took the statement from me I never heard from them again. Thought they would have let me know what was happening.” “Let me know what’s happening, I am none the wiser about the court system and I am disappointed that the guy might have got away with it when he was clearly very drunk. I don’t even know if the guy who was hurt survived, and it was definitely the other drivers fault” “A £250 fine and six points for making a mistake that took a life. I didn’t want him to go to prison, but maybe take his license away for a year or two; make his life a little bit difficult, considering that he had changed ours forever.” | 53 54 | Roads Victims Recommendations •The understanding of victimisation in respect of serious road collisions and particularly road deaths should be broadened to encompass a greater breadth of family members and others directly impacted. •Specialist victim support services should be commissioned to enhance the support available to those impacted by road deaths, with a particular recognition of the need for support over the long-term, and beyond the period when the case is active in respect of both criminal or Coroner’s courts. •Support services should be extended to those who have witnessed serious and fatal collisions, recognising the need both for support through related court process and for support in respect of the emotional and other trauma involved. •The police should review the role of the family liaison officer. These police officers are highly praised by many victims and clearly do a committed job, but there are sometimes ambiguities between a role as supporter of the investigation and a role as supporter of the victim, and options may be considered in terms of greater recognition, support and training for those who undertake the role. •The engagement of victims of serious road collisions and those bereaved in respect of road deaths was quite limited in respect of this Victim’s Voice project. Specific engagement should be undertaken with people who have been victimised as a result of road deaths and serious road collisions, to better understand their experience in detail and to help design services that better meet their needs Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Impact When we spoke to young people they told us about their experiences and how they had become victims of crime; “Had my purse stolen.” “I got repeatedly beaten up and had my things stolen.” “Car accident.” “Bullying and cyber bullying. It has never stopped. It is on going every day for years.” “A man with mental health issues attacked me.” “I was assaulted for a bottle of coke.” Young Victims “I was assaulted one day on my way home from school by a group of girls considerably older than me.” “I got jumped.” “I was spat on and threatened.” Over half of the young people we spoke to described feelings of fear, anxiety and sadness about their victimisation. Many young victims talk about paranoia and worry, feelings of vulnerability and anger. Changes to day to day behaviour predominantly involved avoidance of specific places and people, which several young victims explained ‘affected my normal routine’. Under-reporting Most young people share concerns of reporting crime to the police, for worries that it would affect their reputation amongst their friends as being ‘a grass’, feeling that the incident needs to be of a serious enough nature so as not to ‘waste’ police time or for fear of repercussions from the offender or friends of the offender. “I wouldn’t tell the police… Because I’m not a snitch. And because you know, they’re probably going to kill you if you do.” | 55 56 | Young Victims “I know like Service Six and stuff, like it’s safeguarding isn’t it, so they still have to tell people. I know it’s for my own safety, but it’s, I wouldn’t tell no one. Maybe a friend. Someone I trust.” “Some of us find the police really intimidating, the whole system of reporting crime, sometimes that whole questioning thing makes you feel as if you’re being questioned. Perhaps a little bit more training needs to go into the officers who are actually asking the questions.” Descriptions of the police as ‘intimidating’ and the process as ‘scary’ are common theme amongst young victims; however these fears tend to be dispelled once they meet with police officers face-toface. Where young people talk about the seriousness of crimes or incidents, they either describe the concern of wasting police time, or often make assumptions that nothing will be done. “I would report more if I thought something was going to be done and it wasn’t going to be just left. ‘Cause if it’s just left then it’s a waste of time. I feel like if I knew the police officer or the PCSO who like talk to you, and know you by name … I think they would care about you more if they knew who you were, like I tell my youth worker stuff and she tells the PCSO and that’s ok.” Young victims speak positively about youth workers and feeling able to share experiences with them. Many young people talk about bullying, harassment and intimidation from other groups of young people and wishing to tell the police because it is ‘not serious enough’ and they are ‘busy with real stuff’. However, telling youth workers is described as ok, because ‘that’s their job’. “Because like youth workers care, they would actually help you, like your Mum would, like youth workers care, they wouldn’t just push you aside because they actually give a damn about you … they are like trained as well, specifically for young people whereas police are only really trained for adults. They don’t really come across as someone you would want to go and talk to. Youth workers, and your parents and that, you would just automatically go to, for support and stuff, because that’s their job.” “They are too busy with serious stuff.” “Teachers told me I did not have a strong enough argument to get the police involved and that I should not bother contacting them because the school would sort it.” Some young people, particularly in relation to bullying, harassment and violence, explain that it is their fear of their victimisation getting worse if they report to the police or the school that prevents them from doing so. “Too scared it would get worse.” “I became terrified of teenagers.” Tailored support Young victims often prefer to turn to parents and friends for support, advice and to talk through the impact of their victimisation. However, the vast majority of the young victims we spoke with do not know about any support services they could have been in touch with such as Victim Support or local charities. This is consistent with research findings internationally, where young victims rarely know about or use the organisations or groups in their local communities that could provide support, advice or counselling. The reasons for this appear to be simply that they are not referred effectively by the police or other organisations dealing with them. A third of the young victims we spoke to had not reported their incident to the police, for the reasons described above, which means there needs to be support available and accessible to young people who are not in contact with the police. Support services need to be better targeted to specific age groups, using tailored communication which does not require the young person to necessarily identify themselves as a ‘victim’. Research suggests that better engagement of support services and criminal justice agencies at a young age reduces the likelihood of participation in crime or anti-social behaviour in adulthood. “Well in the short term I mean, they like viciously attacked me so at one point I was eating liquid food for three weeks. But I’d say even now I have a massive fear of moving and meeting new people, there’s the fear that it’s going to happen again, that they are going to like, hate me for no apparent reason and that’s going to happen again. So, obviously it’s better, because I have JAM in the Hood an they’ve just helped me to get past that a little bit, but there’s still that part of me that’s in the back of my head that I don’t think is ever, ever, I don’t think I’ll ever get rid of it. But it’s something that I’ve learnt to manage more than anything.” “I mean it got to the point where I was scared to sleep alone, ‘cause my room is like right next to the front door where it all happened, I was scared to walk alone at night. So I wouldn’t, report any other crime to the police because of how serious it was and they didn’t really follow up on it. I wouldn’t personally go to the police, I would rather report to someone else.” One young victim described her experience of Victim Support and suggests that the service is not designed to understand what individuals need. “I’ve dealt with them like three times over the last few months and they’ve done nothing apart from patronise you and like, I have gone to three different people because I felt uncomfortable the first time, ‘cause she was just darn rude, the second person didn’t do anything and the third person did bugger all, because they think they are going to be your friend. They tell you all the sweet things under the sun, and you just don’t wanna hear it. You don’t want to make friends, you just want to get your stuff sorted.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “I went through, like a hate campaign against me at college and stuff, like people telling me to kill myself all over facebook. The police got involved and they told me to get in touch with victim support and they’re like, they don’t need to say this and they don’t need to say that, but you’re like shut up you’re not living it. And they just think they are going to tell you what you want to hear, but that’s not what you want to hear… Ask what the person wants from it. Just strategies, obviously it’s still happening, but I just block it out now, but they could have stopped that. I could have been, I could have just been carrying on with my life, if they’d told me from the off, ways to help me, but they didn’t.” When young victims talk about positive experiences of help and support they often refer to their youth workers, or leaders in youth action teams such as Groundwork and Service Six and one young victim spoke to a mentor organised through her church. “She’s real, and that’s why I like her. Like I have respect for her and she has respect for me. “She’ll tell you stuff when it’s relevant, and if she feels comfortable she’ll tell me stuff about her as well, so it’s like, level, so I know stuff about her and she knows stuff about me and it’s like level, and she’ll always tell me if she has to tell someone, like if she needs to tell someone, she’ll say this is what I’m going to do and I’ll get back to you and be completely honest with me about it.” The significance of parents and carers Parents and carers play a very important role in the decisions made to report victimisation to the police, primarily through advising and influencing based on their views of the severity of the incident or their fear of the impact of the justice process causing more harm to their children. Similarly, they play a significant role in the choice of the young victim to attend court. There appears a lack of clarity about how to manage the influence of parents and carers, particularly where their preferences may differ from the young victim who may wish to attend court and participate in the full justice process. Parents and carers can in some cases be a barrier to communication from agencies to young victims, through failure to pass messages on, such as progress updates and formal case closures. Young people often describe this as their parents forgetting, not wishing to bring it up for them again or not realising the importance of that information for them and their ability to put the experience behind them. Whilst parents and carers are regularly described as playing a key role in providing support, young victims emphasise the importance of the criminal justice system communicating and dealing with them directly, which is an important factor in their feeling that they are being taken seriously. “I would have liked to go, to go to court, but my Mum wouldn’t let me” “I saw a hit and run years ago and we got a letter through asking if I could go to court and my Mum said I wasn’t allowed … because if the people got out and something happened to me…” “Because, if that person comes out and does something to you, I wouldn’t be able to report it, because they might do it again” “Because my mum didn’t want to dwell on it any further and wanted to forget it all.” “I wasn’t really sure. I didn’t really want to get the police involved, however, my parents forced me.” Communication and organisation responses Similar to the views of adult victims, lack of information or communication about the progression of a case or the closure of a case impacts young victims’ ability to move on. Young people describe the need for agencies to use different and modern ways of communicating with them, instead of only sending letters which can be intercepted by others in the household. Most young people have positive experiences of the police recording their crime, taking their statements and initial actions, usually related to specific officer behaviours such as being friendly, talking to them as an adult and taking them seriously. Officers being able to communicate with young victims in a way which left them with these positive views is important; broader research suggests these interactions with policing at a young age will shape their relationship with authorities in adulthood. “They listened to me, did not interrupt or judge” “Yes, because they understood how not every teenager fitted the general stereotype” “It was polite and well mannered and gave me detailed options of what I could do” Most young victims who do not describe their experience or expectations of the police positively, had no response from the police or did not receive any kind of service after reporting a crime and therefore have very little information to generate an opinion. Some young victims talk about being treated like an offender by police officers and others in the justice system. Also feeling judged based on their status as a teenager, particularly where victimisation includes robbery or violence in places associated with anti-social behaviour such as outside of shops. Some young victims describe their experience of police stereotyping them and making presumptions that their own behaviour played a role in their victimisation, making them feel as though it was at least in part self-inflicted. “They could have been more trusting in what I said and checked the CCTV footage to see the incident before it was removed.” | 57 58 | Young Victims “They could have arrested the accomplice for obstruction of justice and let me see the school year photos of the schools in the area so I could point out the attackers. I wasn’t allowed because they had to protect the criminal.” “Could have kept me updated, told me they are still looking. Should have been politer, felt judged.” Where schools are involved, young victims tend to feel that little was done to investigate or explore what happened, to stop on-going bullying or to help them report to the police. One victim described being persuaded by the school not to report it to the police as little could be done about it. Another victim described the school support system as difficult and did not receive any other types of support. “Nothing … the school failed to stop it or protect me” “Teachers and the school support system are making me feel lower than the bullies themselves, tried to end my life, self harm, regular smoking, change of personality … this was a long term effect” Perceptions of justice Young people’s perceptions of the wider court and criminal justice process tend to reflect negative experiences of staff in these agencies showing a lack of empathy and making decisions without the direct input of the young victim. Young victims may receive a ‘community resolution’ where the offender admits guilt, which can be letters of apology, meetings with the offender or actions taken by the offender to rectify some of the impact of their behaviour. Whilst wider national research shows positive experiences of community resolutions in terms of victim satisfaction and reducing reoffending, we heard more negative reflections of this process than positive ones. Young victims often felt that the letters of apology were poorly written, feeling that the little effort put into it reflects the attitude of the offender towards to the process. Some felt that a letter was simply not enough to make up for the experience of being victimised, from theft of mobile phones through to violence with physical injury. Others report that whilst they have been told their case will receive a community resolution, several months on they have not yet received a letter, an apology or meeting with the offender. Whilst these cases are left unresolved for the victims, they appear to be closed for the police. Where meetings with offenders do occur, victims sometimes feel their apologies are not meaningful and that the process is not taken seriously, which can be very difficult to deal with and can lead to further feelings of vulnerability. Witnesses Young witnesses share concerns about being judged or stereotyped as ‘troublesome’ and being associated with the offender or the offence. This is particularly so in cases where groups of young people are involved or were present, such as fights between young people and acts of vandalism. Similar to young victims, fear of the repercussions of reporting a crime and going to court to give evidence against the offender are often strong enough to deter young witnesses from speaking up. Again, the label ‘grass’ is used regularly as a derogatory term towards those that do report crime or offenders to the police or other organisations. “But I feel like they treat witnesses as offenders as well, they speak to you how they speak to someone who has committed an offence … like I get judged when my brother’s gone wrong, like for their mistakes, they judge me and all my family and all my other brothers and sisters for it and they shouldn’t do that.” “You just don’t be a grass. If you go to court and stand up and then they get away scot-free and then… It’s just how you’ve been brought up as well, you just don’t be a grass…” “…the police only got involved once when me and my sister called the police because we were scared my Dad was going to kill my Mum so when the police came, like my Mum tried to cover it up like nothing had happened ‘cause my Mum was scared what was going to happen to me, my sister and my brother so the police they like took it as maybe like a false alarm.” “I would have liked to go, to go to court, but my Mum wouldn’t let me” “I saw a hit and run years ago and we got a letter through asking if I could go to court and my Mum said I wasn’t allowed … because if the people got out and something happened to me…” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Recommendations •A new child victim and witness programme should be developed, to create services designed around the specific needs of younger victims. •The criminal justice system as a whole has a history of tending to see young people as a problem, as criminals and perpetrators of anti-social behaviour. The reality is many young people are victims, and most young people make a positive impact in their local communities. Consideration should be given by all criminal justice agencies to training and development programmes that change this thinking in respect of young people, and also to improve officer and staff training in how to engage positively with young people, helping to see the world through their eyes. Young people should be positively engaged in developing these new models of training. •A large-scale exercise to build the confidence of young people in the police and criminal justice system should be undertaken, to raise the confidence of young people to report crimes. Young people should be directly engaged in the development and delivery of this. •Support services for victims should be better advertised to young people, who often have very low awareness, including consideration of options such as use of social media. •Consideration should be given by the police as to whether there are alternative models that young people could use to report crime, as traditional ways of reporting (by telephone or, at police station front counters) may put many young people off. Many young people would look for online reporting as an option. •Restorative practices should be developed in schools to help combat bullying and build positive models for conflict resolution, often long before a formal crime is committed. •Options for the mentoring of young people should be further enhanced across the county. | 59 60 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 The police are often the victims and witnesses first contact with the criminal justice system. However, one in ten of those that responded to our public survey did not report the crime or incident to the police. There are a variety of reasons why victims choose not to report, largely falling into two general categories; 1) that it was too trivial or the police would not take it seriously, and; 2) lack of confidence in the police and criminal justice system, including previous experiences of contacting the police and fear of reprisals; Service Experience Police “Drove to…[roadside] services [at] 8pm on weekday with my baby. Drive through McDonalds; a red car was parked with two white young males inside… It followed me out, speeding up behind me,… the driver was shouting abuse, followed me back…, swearing with fingers as the car overtook. No need for it. Horrible. [I was] in shock for a while, scared to go out, always alert and aware. Really upsets you.” But she didn’t report this because; “[I] didn’t think it was important enough.” A victim of an assault who had challenged their assailant who had been insulting other people explains; “[It was a] fairly minor incident and commonplace in town in the early hours of the morning on a Friday or Saturday so didn’t think it was worth it. Not much confidence in anything being done about it anyway. Would much rather have had a chance to hit him back.” Another victim whose house was vandalised says they did not report it because; “They [the police] appear far too busy and would not have taken the time to follow up or try to find the culprit.” Another who witnessed a fight and children throwing stones at cars explains; “Police take too long to come – or they say not urgent.” Someone who was propositioned for sex along a busy street told us she did not report it because; | 61 62 | Service Experience Police “I didn’t think I would have been taken seriously.” Someone tried to break into the house of another victim who lives alone with their young child. This was reported later, but not at the time because; “…I knew they [the police] wouldn’t be bothered by it.” Victims and witnesses describe a range of expectations of policing, but there is general consensus that they expect “a prompt response when needed” and for the crime or incident to be properly investigated initially or resolve the problem itself and, most importantly, to be “on the side of the public”. The initial contact with the police is crucial. The service that victims and witnesses receive from that first contact helps set the tone for their experiences of and confidence in the criminal justice system and expectations of other agencies. One burglary victim told us about their experience; “…it did leave me feeling quite anxious about leaving the house… for sometime and it wasn’t something that I was particularly conscious of, but when I left the house and I was away I used to become anxious about getting back. …in terms of the service I had from police and police staff it was amazing. People were fabulous. The police officer was on the scene very quickly… [and] they put the resource into chasing these people and catching them. …I’ve always been a supporter because I understand the difficulties police have with resources and with the work that they do… I get quite fed up of people banging on about how useless the police are … What it [response to the burglary] has done is reinforce my belief [in the police]. Beyond the initial response, some expect to be kept informed of developments. A victim of burglary told us; “The police service is usually very good in our area and following a garage burglary some years ago they were excellent having apprehended the burglars who were subsequently convicted. I realise that it is difficult to catch and convict burglars without evidence but I would always expect communication from the police following a crime that affects me, my family or my property.” From the victims and witnesses we heard from, just over half had their expectations met. This does not necessarily mean that they received a good service as some expectations were not very high. The range of experiences that victims and witnesses have of how they are treated by police officers and staff and the service they receive is as broad as the expectations they have. There is an assumption the police will respond immediately and resolve the problem straight away. This cannot always happen. A rural business that experienced the theft of farm equipment recognises that there cannot be police officers on every street corner, but expects more to be done with the information that they provide to help the police reduce the chances of the business becoming a victim again: “We have a pragmatic attitude, recognising that policing rural areas where the crime rate is for the most part low results in us having a relatively low priority. We register all incidents with the police and contribute in so far as we can to their accumulation of evidence in the expectation that in due course that evidence will provide worthwhile leads. We don’t expect instant results but, do expect the intelligent accumulation and interpretation of the information gathered.” What should always be achievable is that the police officer or member of police staff in contact with the victim or witness act professionally and that victims and witnesses are treated with courtesy, respect and empathy, regardless of who it is and how serious a police officer thinks the crime is. People are often at their most vulnerable and confused when they become a victim or witness. For some it is a traumatic experience that affects their lives for days, months or years afterwards. There will be some that never get over it. A victim of burglary whose car was stolen as a result told us: “The police were very good, they were good when I called 999 and the response was quick and the officer that came to the house actually had our car registration written on his hand so we knew that they had been looking for it. They were very patient as well, it was right at the end of the shift and I was probably a bit repetitive in my statement as I was probably in shock – he just let me talk and listened and reassured at every opportunity.” A victim of extreme domestic abuse told us about their views about how the police responded, albeit they remained sceptical in the effectiveness of the rest of the criminal justice system. They said; “The police officers at all levels that I have received support from since February 2009 have been superb, but my expectations are that their hands are tied due to the slowness of the ‘system’ and lack of evidence. They have at all times been professional and supportive, my son (as a minor and a victim of child abuse) has received every consideration” When the police officer or member of police staff are attentive to the victim or witness and the crime or incident is taken seriously, and when the victims and witnesses are kept informed of developments, their attitudes towards the police and the criminal justice system are much more positive. Where there are positive experiences, individual named officers are singled out for praise. This demonstrates the value of the personal approach and being able to have someone to contact if needed. A victim of sexual abuse describes their positive experience with a particular police officer; Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “I reported the crime to [named police officer] from Weston Favell police. [The officer] was very kind and patient. I couldn’t have wished for a nicer policeman to speak to. He kept me informed of progress after I gave my statement until it got handed over to [other police force].” Two victims of burglary told us; “Updated regular, empathy shown, recommended to victim support if I felt I needed contact.” “They [the police] arrived very quickly, were very professional and kept us up to date on what was happening.” There were also examples where those with relatively low expectations expressed to us how pleased they were with the service they received. One victim of a burglary to his home said; “First time ever had anyone break into our home, have had police contact over the years when children’s bikes were stolen etc. from the garden shed or garage, so I guess I expected a crime reference number and that would be it, but police were considerate, listened and took note, showed empathy.” Another victim of burglary, whilst the family were asleep in the house, told us; “I was assaulted by a group of about 30 youths along with some neighbours. They came from everywhere in our close and smashed gardens and cars up as well as myself and three other people. I lost three teeth therefore I suffered cost, pain and the rest of my life with no front teeth.” But, the response he received from the police was not what he expected; “I thought 999 was an emergency. It took an hour for a car to arrive and then they had sent one police lady. The ambulance would not attend until youths cleared.” Another witness of a violent assault said; “I witnessed a male being attacked by several other males. He was punched and kicked to the ground and appeared to be knocked out. I was very concerned for the welfare for the individual. I feared for my own safety if I had intervened. I was very upset and disappointed at the police taking over 23 minutes to arrive! I fully understand H&S [Health and Safety], its implications, however the response was very slow and very dissatisfactory.” And a victim of a burglary told us; “I was surprised that the scenes of crime officers came to take finger prints and foot prints. I didn’t realise how seriously burglary is taken so I was reassured by that measure.” “My husband called the police whilst the crime was in progress. He cornered the offenders in the garden. One of them had a knife which my husband took off him. The police did not attend until the next day.” When a basic standard of service is not provided, it leaves victims or witnesses feeling even more vulnerable and unlikely to trust the police in the future. It can mean that people are unable to come to terms with being a victim or witness, affecting their lives and having a knock-on impact on family and friends and can stop further crimes or incidents from being reported. The attitude of the police officer or member of police staff that victims and witnesses come into contact with is the biggest complaint. This falls into three broad categories; 1) not being listened to or not being treated with courtesy and respect; 2) officers making judgements and the victim or witness feeling they are not believed; and 3) the crime or incident not being treated seriously and the impact being minimised. A prompt response to an emergency is expected. Whilst there are experiences of this happening, there are examples when the response was slow and inadequate. A victim told us his story: A mother of a young person who had a knife held to their throat feels that the initial police response was good, she has some concerns about how her son was treated immediately afterwards and the inappropriate attitude of some police officers; “They want to take [us] to the station and get a statement from [young person]… we felt… why do we have to go to the station for this. What can’t this happen in the home? And I felt it was more for their benefit than for ours. Because [the] reason for going to the station was so that it could be typed up onto the computer. He [the officer] wasn’t very sensitive at all… We were in a back room with a table, couple of chairs a basic desk against the wall and quite an old computer, and he’s typing quite slowly with almost his back to us… I guess you just get the feeling this is what they do every day… [Another officer] came in joking… this really upset my son because he felt that he was just really not taking it very seriously… joking about how long our statement was taking and thing like that which, just wasn’t very appropriate. …they sometimes forget… that these are real people that they’re working with and although it’s something they see all the time… you know the police officer making jokes … to them it might not be a very serious crime, but to us this is the most frightening and scary experience that we’ve ever been through and to us it’s very serious. … [So] I would say it probably confirmed my views.” Another victim told us about how they were made to feel resulting in them giving up; “I was a victim of sexual assault/ attempted sexual assault. Not 100% sure of what happened as I was intoxicated – something I was honest with police about from the beginning. I reported this just over 48 hours after the incident. Police worked quickly initially, however I do not feel like my expectations were met/ managed correctly. This lead to me feeling extremely disappointed/anxious during the investigation. Five weeks into the | 63 64 | Service Experience Police investigation I decided to withdraw my complaint due to how involvement with the police had made me feel. There were a couple of mistakes made by police, and the way I was spoken to meant that I lost my faith and wanted to move on in my own way. Officers I dealt with appeared busy and not particularly bothered by my crime. I was made promises, eg, call backs, visits and updates that I did not receive. When my CID team were off duty I could not get hold of anyone. 101 number continued to ring and ring with no answer.” Another victim of rape said; “[It] felt like the police men didn’t believe me. I asked [for] female officers but was told there wasn’t any.” A young victim told us her story; “A gang of teenagers came over to me and my friend (aged 17 and 14) and without reason punched me in the face, repeatedly punched and kicked my friend until she was unconscious, then smashed a large glass bottle over my head – then left us for dead! Firstly they tried blaming the attack on us, saying we must have provoked them.” A victim who described being continually bullied and harassed over a long period of time by a gang of children in their street told us their expectation was; “For the controller at 101 to give me time to say what I want to say and not give me her personal opinion i.e. ‘All children play football in the street, we all did’.” Someone else told us, with regards to the handling of a victim of rape; Very critical of the police, her youngest daughter was the victim of a rape when she was 18, the two officers who came to the house a male and a female were not specially trained in SV [sexual violence]. There were two suspects in the custody suite and this mother thought that the police wanted to release them. The WPC [woman police constable] asked the victim if it wasn’t some drunken romp that has got out of hand. At this initial interview it was mentioned that not many people report rapes and of those that do the conviction rate is really low. Another victim, of what they describe as anti-social behaviour where a bottle was thrown at a door resulting in the glass being broken, felt they became the ones who were under investigation; “I was in fact made to feel a criminal in the incident as I had to be at the police station for several hours and go through identification and then the police took no action… the officer on that night when the lads [the offenders] came back again did not do anything. I have had to install my own security cameras at the property.” Victims and witnesses emphasise the importance of keeping them informed of developments, particularly the result of the investigation, whether an arrest had been made or the offender had been charged or released. A victim whose home was burgled whilst they were at work told us; “The police kept us updated and also confirmed once a person had been arrested and later confirmed a date had been reached for this person to appear in court. Also empathy shown towards us from the beginning of the incident and recommended victim support.” However, whilst there are a good deal of positive experiences where people are kept informed of developments, there remains room for improvement. An elderly victim told us her experience of being conned out of her life savings and how she had to make a complaint before she received the service she expected from the police; “At first the police were not very helpful when the case was allocated to an officer who never even introduced herself to me until I complained that I was not being updated and there after another officer was appointed and he has been good. In my opinion it is helpful to know some action is being taken.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Those working in and around the criminal justice system overwhelmingly agree that providing regular updates for victims and witnesses is essential and a particular area for improvement across organisations. They also recognise that the standard of service provided by some individual police officers leaves a lot to be desired; “… I would encourage anyone to report it and the police do a good job... But then in my experience it’s the custody sergeant who lets it down because the police will do their job, go out arrest him eventually, bring him in and the custody sergeant right there’s no violence, just give him bail. And that’s what happens time and time and time again. And over Christmas he was given bail like that about three times and he still kept coming round my house.” “Some police officers provide a very good service to victims and witnesses, keeping them updated and informed at various stages of criminal proceedings and updating them on the outcome of court proceedings, other officers do not stay in touch, the victim is left with long periods of silence where they do not know what is happening with the case and, in my view, the most serious omission on the part of many officers is promising to update victims on the outcome of a criminal trial but not doing so. Therefore on the day of trial the victim often does not know whether the perpetrator has been remanded in custody or is now back on the streets without bail conditions or restraining order. The victim therefore does not know whether they are safe to stay in their own home or need to flee to keep themselves and their children safe. Police officers often keep witnesses/ victims “on side” up until the trial but as soon as the verdict is given; they cease contact with the victim and do not refer them on to appropriate support services.” It is important to note that most victims and witnesses who have a named police officer or member of police staff that they can contact if they need to, describe more positive experiences overall. It is intensely frustrating for victims or witnesses without a named officer to to get hold of the right person or anyone who knows their case. This results in them ‘getting lost in the system’ adding to the trauma and frustration of becoming a victim in the first place. A mother of a young victim told us she had; “…spent a day crying on the phone trying to get hold of somebody.” | 65 66 | Service Experience Police When victims and witnesses are not kept informed of what is happening, they naturally presume that the police do not care and are not doing anything about it. They are left in limbo. A victim who was being harassed by an ex-partner succinctly told us; “It has been a negative experience with the service as I said there has been no update on the crime.” Another victim experiencing harassment from an ex-partner told us; “I expected them [the police] to do more than they did in the beginning and also I was told that they would be in touch with me to update on the outcome as he had to go to court about it as he broke the restraining order and nobody has been in touch with me since [which] I am very disappointed in. I have contacted the police again for an update they told me someone would call me or write to me but no one has.” A victim of a burglary to their home whilst they were sleeping resulting in possessions and their cars being stolen told us what had happened and what impact this had and continues to have on their family; “[It has had a] huge emotional impact for my teenage daughter who heard the burglars. She was very traumatised and had to have counselling. We upgraded our alarm system and put a panic button in her bedroom. She did not sleep properly for many months and could not be left in the house especially at night. The impact on her was long term.” “After the initial visits from officers we had very little contact and no updates from them as to what was going on. My car regularly pinged ANPR [automatic number plate recognition] cameras in Northampton and I got sent speeding fine notices but the car was never picked up in Northampton despite this.” This experience can only be frustrating for the victim who knows that their car is being driven around the county with apparent impunity and the speeding fine notices become a regular reminder of the crime. Some of those who work in and around the criminal justice system suggest a separate ‘victims’ service’ to keep victims and witnesses informed of the progress of an investigation, providing a named contact for the victim and witness and improving consistency and quality of service as well as reducing the burden on officer time. Being consulted on bail conditions is also emphasises as important for victims. A victim of repeat domestic abuse over a period of seven years told us; “… I would encourage anyone to report it and the police do a good job... But then in my experience it’s the custody sergeant who lets it down because the police will do their job, go out arrest him eventually, bring him in and the custody sergeant right there’s no violence, just give him bail. And that’s what happens time and time and time again. And over Christmas he was given bail like that about three times and he still kept coming round my house.” This is supported by a number of people who work with victims and witnesses who feel that the views of, or impact on, the victim are not taken into consideration when charging or bail decisions are made. A victim of domestic violence also told us: “An entirely unpleasant and worrying time was spent for a number of months whist the accused was allowed to roam free with apparent impunity, threatening all witnesses and being arrested, and released on bail immediately, when he did ‘step over the line’. Not an experience to repeat.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Recommendations Police •The Police and Crime Commissioner should consider undertaking a scrutiny of the use of Community Resolutions, where the police deal informally with offenders rather than taking them to court. Some victims questions how thoroughly aspects of the resolutions are carried out. •The police need to explore how to shift culture to be more strongly victim-focused, empathic, considerate of victims circumstances and needs, and more appreciative of the perspective of victims. •Some of the issues identified reflect a concern at the quality of supervision available to front-line officers in dealing with cases. The police should develop models for delivering consistently high quality supervision. •The police should improve the provision of regular, accurate and well explained updates in a method that is preferred by and agreed with the victim. •The 101 number automatic call answering service currently provides options for callers to choose from. At present none of these options offer ‘report a crime or incident’. This should be changed to present as its the first option, the reporting of crime. | 67 68 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Most victims and witnesses have reasonable and realistic expectations of the courts service. They expect a fair hearing, swift and sure justice and they will be supported throughout this process. One victim of domestic abuse describes her expectations of the court process; “To listen attentively and take on board [the] full facts to get justice for victims of crime.” Magistrates and court staff understand this and see this as their role, but largely feel their ability to do so is being eroded. Service Experience Courts and Crown Prosecution Service For a number of victims and witnesses, their attendance at court is a new experience and they do not know what to expect, are uninformed and unprepared. A victim of historical sexual abuse perpetrated by a number of family members describes her experience through the criminal justice system as; “…[An] ordeal from start to finish…and [a] frightening experience” There is some disconnect between what victims and witnesses want and what magistrates think they want. From what we heard, magistrates assume that all victims want to have their day in court. In some cases this is true and helps them come to terms with what has happened to them. But for others, what happens in court cannot take away the pain or trauma they have experienced. For some, not having to give evidence where the offender pleads guilty is a relief, as long as they think the sentence is proportionate. Whilst acknowledging that the court result influences how people feel about the court process and the service they feel they received, just over half the people we spoke to had their expectations met, but a sizeable proportion did not. Experiences of different victims and witnesses at different times and in different courts were markedly different and inconsistent. One witness whose daughter experienced harassment and threats to her safety feels she was well prepared and supported: | 69 70 | Service Experience Courts and Crown Prosecution Service “We had the chance to look round the court, ask questions and were treated very well. We travelled to the court in a taxi and this was paid for, this helped to relieve some of the stress.” Others feel they were not kept informed and unsupported. There were delays that are not explained or poorly communicated. A victim of a burglary, who had her jewellery stolen and melted down, told us: “[The] solicitor acting for CPS [Crown Prosecution Service] pretty much ignored my presence at the Magistrates’ Court. The perpetrator was advised that the case was adjourned whilst I was sitting in front of her and yet I had to repeatedly ask what was happening.” A person who witnessed an accident caused by a drunk driver: “They [the Crown Prosecution Service] wrote to me asking me when I would be on holiday and what days I could attend court, so I was all prepared to go and made sure I had everything written down so I could remember the detail. Then I never heard again. The driver is probably still out there, must have got away with it” People feel there is a lack of empathy and they are not treated with respect or consideration. At the very least victims and witnesses, who are, to put it lightly, confused, nervous and emotional must be treated with respect that preserves their dignity and sense of worth. It makes all the difference. A victim whose son was murdered and had a horrendous experience throughout the criminal justice process, told us: “The judge was absolutely brilliant, I have to say. And he thanked us for our dignity and our respect of the court system and everything else.” But there are examples when victims and witnesses have been ignored, poorly treated, without consideration, and their feelings disregarded. This forms their confidence in the criminal justice system working for them as victims and witnesses. A victim of domestic abuse told us how her experience in the courtroom affected her confidence: “[I] felt the barrister was not always effective particularly when he and defendants’ barrister were laughing together over certain things said in court.” A grandmother of a young person who had been sexually abused told us about their experience of the courtroom: “The civil court man [judge] he actually laughed. There was the bundle, with all like numbers, he said can you look at this, there was the [named doctor’s] report…a picture of [named victim’s] bottom with this tear, it was like…oh my God…the doctor give me five diazepam tablets to keep me calm during it all, ‘cause I got so upset…” He [the Judge] said, ‘don’t start getting emotional to try and sway my judgement’…and I’d just seen my grandsons…and I said I am not, I am not…” And then when we was looking at it, his barrister said, ‘so what’s your opinion on [named doctor’s] report then…what is your opinion?’ And I looking, thinking…I’m not… I can’t…I’m not medical… So our barrister said ‘I don’t think my witness is medical’… And the judge, and this is why the barrister is going to complain as well, the judge went, ‘hee, hee, hee [laughter]. Yes! I was quite thinking that at the time’, he said, ‘what an unusual question (laughing) how would she possibly know’ And I looked at him, and I went ‘it’s not funny’ and I knew, I just knew with his attitude that he’d made his mind up… we came out and I said, ‘He’s on his side.’ The court environment is also not supportive of victims and witnesses can leave them feeling exposed and vulnerable. There is a lack of victim and witness waiting areas. Even if there are separate rooms, victims and witnesses have to walk past defendants and their families or friends in the corridor. The same is true when they need to use any of the court facilities, such as going to the toilet or getting a drink. Victims and witnesses understandably feel vulnerable and are intimidated. Separate and appropriate facilities should be available to victims and witnesses. A victim who had experienced years of anti-social behaviour by neighbours, including loud music being played, the wall being kicked, eggs being thrown at the house and being sworn at, said: “…it’s fantastic that you get a little room for the witnesses so that you’re not sort of having to sit out with the people that you have issues or whatever. But you still have to run the gauntlet when you walk past them, you know, there’s no screening or anything to protect you…” A witness to a serious assault by a number of attackers described his experience: “The incident itself did not have any impact on me, however the process of going to court did. As the incident was potentially gang related I was extremely conscious of the potential risks to myself of being a witness. Many friends and colleagues questioned whether, or not, it was wise of me to even be a witness in court. Whilst all of the services acted professionally, the experience was not positive. On attending the Northampton Crown Court I went through the search procedure, with minimal interaction from the ‘guard’, who did not even ask why I was attending or offer any support. I was then left to wander, trying to find someone who could help me. There was a desk with a sign saying witness support however this was unstaffed and I was reluctant to stand by it and wait! Eventually I tracked someone down who escorted me to the witness area...walking through the area where friends and family of the accused were seated. A female, Asian witness to the same incident was also present, she was offered a screen to preserve some degree of anonymity, I was not. I attended court on two separate days and, ironically was not called or needed in the end. I have no problem in having given up time for the process etc., however, I do have an issue with the level of vulnerability I was put in when, in my opinion, this was totally avoidable with a little planning.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Another victim of domestic violence told us about the process of requesting screens: “I asked…witness care unit if I was allowed a screen because I didn’t want to see him because I didn’t really want to give evidence but I felt if I was to see him I wouldn’t be able to do it so I wasn’t guaranteed a screen. I was told…they’d have to apply for it a month before the court date…but I was told I won’t find out until the week before… It was bad enough the thought of having to go to court to give evidence about it and then I wasn’t guaranteed a screen and I just broke down crying after.” It is clear that the timeliness and quality of special measures should be improved. A study for the Crown Prosecution Service suggests that the appropriateness of special measures should be considered in all cases. The use of video calling technology, which is now inexpensive and much more readily available, was suggested by someone who works in the criminal justice system. This would enable victims and witnesses to give evidence without the need to attend court at all and minimise disruption to their lives. It may also help with the stress itself of giving evidence, which results in the victim or witness having to re-live the experience. A young victim of sexual abuse said: “I’ve still got to get up in court and say it all. I don’t understand why I should have to do that when I’ve done hours and hours of video evidence and I’m just going to be getting up and saying the same thing, but in front of loads of people and I don’t particularly want to do that, it’s not the easiest thing to talk about… There is nothing they can ask me that they don’t already know. So I don’t see why I’ve got to say the exact same things all over again in front of…twelve strangers and then a Judge with someone asking me questions…I don’t want to do it, I don’t want to be put through that stress. And during Uni I’m going to be missing time off because I’m going to have to have a whole week off during the court case and be in Northampton…and they’re [university] going to have to know why and I didn’t want them to know about it.” One victim of anti-social behaviour who was in a dispute with a neighbour expressed relief about not having to give evidence in person: “…she did a taped interview with us so she get word perfect to save us the bother of going to court and doing it face to face with him so he couldn’t visually threaten us.” But staff working in and around the criminal justice system told us they find that the courts service is unwilling to change. As an example, getting approval for someone to be there for a victim in a closed court is a real challenge. One said: “There is a judicial wall.” The time it takes for courts to progress cases is a significant issue for victims and witnesses. This is also recognised by the magistrates and court staff we heard from and, according to those who work in and around the criminal justice system, is something that requires significant improvement. A witness to a man abusing and threatening two youths with a metal bar describes the effect on him: “The crime itself was on my mind for a few days. The prolonged wait for a court hearing as prosecution witness was worse. I was very disturbed by my experience of the court trial being postponed and am unhappy that the matter drags on.” A mother, whose daughters had been sexually abused by her husband, and one of her daughters told us their harrowing experience, which has been made worse by a series of adjournments and trials being put back time and time again. In their opinion, the court was overly sympathetic to the person on trial, who is manipulative and playing the system with the hope that the victims would decide not to give evidence. They feel he is being allowed to get away with it and his every whim granted, but the needs and circumstances of the mother and her daughters are not considered in the slightest. They are unable to move on or get the help they need and are at risk of losing their home because of the delays and lack of support: “…he’s [the defendant] still pulling the strings with his solicitor… The Judge put it back two months…What these kids have to go through…it’s heartbreaking. So they put it back two months for God’s sake…there was another trial date sorted… something else happened, they put the God damn trial back again. Comes to the trial you’re shoved in…a room with no air conditioning… just a fan that was crap… Then we start hearing bit that, oh well it might go ahead or it might not… But his [the defendants] side has God damn ample of opportunity to do bloody stuff [following a request a further adjournment to review evidence]. It’s just him prolonging it, his solicitors prolonging it and then the Judge bowing down to him, which I must admit I did not like whatsoever, because the trial date was set. We all got there, people had weeks off of work to come and support me and my family, we had people coming down from different sides of the country to support the family. We’re not a rich family…And then, and it weren’t even the eleventh hour when people could have cancelled their holidays and done it for whenever, it was the trial set and I think it’s disgusting with any system once that trial date is set…and about a week before, two weeks before it don’t matter what his defence whatever throw up, tough shit, pardon my French, it should be tough, because everyone is so psyched up to go to get it over with, to get on with their lives one way or another and then because he’s said something the judge’s bowed down to his cries, even though she seems like a decent judge, it’s put it right back… | 71 72 | Service Experience Courts and Crown Prosecution Service Like I know I have heard that the judge said basically if they don’t find anything she will chuck the book at him and he’s got two weeks to make up his mind whether or not he wants to change to guilty plea. That doesn’t help the situation we’re in, be it dire straights with money, the house, the girls, their lives have been chucked upside down. …concentrating on his every God damn bloody whim and I don’t think that’s fair, you know and I said when are my children going to have their voice heard in damn court. I said it’s not fair, he’s pulling the plugs telling this to his solicitor gets it postponed for another two months, three months, six months, eight months and it’s just not, it’s just not fair. …I said because we’re on trial here accusing us of doing this that and the other, which they’re saying we are and we haven’t done nothing and we feel we’re the ones on trial that we’re being bloody scrutinised for his mistakes…The girls should be heard, the girls feelings…the girls feelings should be put into consideration. You can see why people don’t report it… …and that is because of him [the defendant], the courts allowing him to do it, it’s that bit that’s failing people. A member of police staff told us of a case that has been going on for five years and has been adjourned for the 23rd time. The longer it takes the longer victims and witnesses have to deal with the stress, strain and, as some describe it, the trauma of being a victim or witness. There is a distinct impression that the court system has in-built delays, postponements through adjournments that are designed to serve the needs of the courts or person accused rather than the needs of victims and witnesses. Courts purposely plan more trials than they can manage on the day. This is because there is an assumption that there will be guilty pleas, but often the defendant will wait until the last moment to see if the witnesses will turn up to give evidence. Prosecutors should also be more prepared and challenge delays in court and the length of time that cases get to court. The current process does not seem to be at all effective or efficient; the knock on effect, both emotionally and financially on victims and witnesses, as well as the disruption to those staff who work in and around the criminal justice system is significant. It is an additional drain on resources when police officers are waiting in court to give evidence and are often not called rather than policing the streets. A witness called to appear at Wellingborough Magistrate’s Court describes her experience: “…When I arrived I was told that the case would not be heard. This was already apparent the day before. I understand that these postponements are a commonplace occurrence – part of the system. More cases are listed than can possibly be heard in the understanding that some defendants will plead guilty on the day. This may serve the convenience of the court, but not that of those attempting to give public service as prosecution witnesses. I appreciate the help available from the witness support service, and the apology given by the magistrates. But this does not change a system which appears to run for the benefit of the justice system with insufficient regard for the individuals caught up in it. At the very least, I could have been informed yesterday that today’s hearing would not go ahead.” Another witness to domestic violence told us: “Until three days before the case I was not informed that I was required, despite other witnesses being given a full week’s notice. On calling to enquire as to my attendance being required I was informed that it was. I then received a letter confirming that my attendance was required and that I would be arrested should I fail to attend.” There were a significant number of criticisms that we received from those who work in and around the criminal justice system about the issue of delays caused by court adjournments and the issue of listing more cases than can be managed: “The court date system is a farce. Victims and witnesses are routinely called to court for a trial that is reserved listed and it does not go ahead, wasting all of their time. There appears top be no thought as to the date of the trial and if this might have an impact on the victim. For example, case of sexual assault on female by male friend. First court date was set as the anniversary of the offence; second court date was set and all victims and witnesses attended (by now 18 months had passed from the date of the offence). During the early legal discussions, it became apparent that a professional expert that had been used by the defence was not qualified and the case had to be adjourned again so that they could get a second expert. There is no doubt that this should all have been checked beforehand, so that the victim did not have to go through the trauma yet again of travelling to court, getting herself ready for the gruelling experience of giving evidence to be told, that the defence were being given more time to prepare their case. The defendant was put before the victim.” It is apparent that victims and witnesses find the court system a mystery. A victim of burglary questioned how the public could determine whether the courts were efficient given the number of adjournments: “…about constant adjournment at court and I do wonder just how much courts are audited and what work goes on within courts to try and save money there because an awful lot of money is wasted by the court system…I mean it’s costing us as a tax payer every time it’s adjourned… and there’s the time and money involved with witnesses getting to the courts. Yet when you think about all the money that’s wasted elsewhere in the criminal justice system that could…pay a policeman’s salary.” One magistrate told us that they consider victims and witnesses to be a major contributor to the success of a trial and recognised the financial and efficiency loss if they did not turn up at court. Magistrates and court staff we heard from recognise the need to improve communication Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 to victims and witnesses and how this might affect their future attendance and ultimately justice being done. They have taken some steps by making time to personally explain and apologise to victims why a case is adjourned, but there remains considerable room for improvement. Magistrates stress the need to be impartial. But there was a feeling from the victims and witnesses we heard from that the needs of the offender take priority and they are sidelined. What they want from the justice system is not considered and they and their contribution not valued. A victim of rape told us: “[The] judge wouldn’t hear [my] case, but it is left on file. Feel there was support for the offender who was terminally ill. Ignored feelings for myself as the victim. Feel cross with CPS. I felt didn’t understand my circumstances adequately, properly.” Another victim who had bicycles stolen from their shed and does not feel that the police were particularly interested or helpful told us about a previous incident where as a victim they thought the offender had received preferential treatment: “Previous crime involved criminal damage to my car by a football hooligan at Sixfields stadium. Hooligan was arrested and we went to court. He was shown more sympathy and consideration than me and because he was unemployed paid expenses for attending court. I received nothing. The whole experience was a sad joke. Clearly, the system shows more concern for the perpetrator than the victim.” In extreme cases victims and witnesses told us they felt they became the ones under investigation or on trial. One victim of domestic violence describes her experiences: “I am the survivor of extreme domestic violence. The perpetrator used Northampton Court…to try to gain control by passing to me threatening paperwork. Prior to this…the same perpetrator threatened me verbally in [court outside of the county], he then followed me out of the Courtroom (having reduced me to tears, through the stress of my situation) and then forced his way into my personal consulting room. My pregnant Legal Clerk, paid for by my father, as I have been financially abused I cannot get legal aid, and have no savings, tried to push the door of the consulting room against him, as did our son. He still was forcing his way into the room and he grabbed my left front of my arm.” of DA [domestic abuse] issues. Defendants Barrister pointed at me in Court and stated words to effect this woman does not look like the type usually abused. I was so frightened to speak up at time but wish I had now as she was portraying an image of what I should be if victim of DA. Very stereotypical image of victims which is NOT true. My Barrister did not pick up on this either or the judge.” The impact of these continuous instances has extreme emotional trauma. I had not seen this perpetrator since his conviction at [local] Magistrates Court…to be attacked like this has dire consequences, because if he uses the justice system like this, what chance do I stand, or our son, of getting any peace? Another victim of anti-social behaviour told us about their experience of the adversarial court system, how it made them feel and some simple things that can help improve the experience: Weak, overloaded, ‘out of touch’ with people, sloppy and unprofessional (paperwork and behaviour) at [court outside of the county], basic facts not addressed, inconsistent paperwork and lack of attention to detail, Court Ushers – not obvious, not protective of victims, poor security, sloppy office and no communication. As I have no Legal Aid I would expect a certain level of communication – the same as a trained Legal Person might get, I have received none. In fact the Court Order I was to adhere to arrived 22 days after the Hearing – realistically – how long does it take to type a piece of paper to us??? An illustration of sloppy administration, or an overloaded and decaying system at this Court. Northampton County Court and [local] Magistrates Court, very busy but communicate well and are professional, good attention to paperwork and detail. Court Usher – dressed appropriately, very professional with good communication.” Another domestic abuse victim told us about her experience of a trial: “Very good apart from fact reported me to social services without my knowledge regarding friend who was in court supporting us who had been accused of crime which he was later acquitted of. Difficult situation I realise but my daughter who was in no danger was sixteen at time. Added to my stress particularly as had Circuit Judge too with little experience “[The experience in court] was very hard… even though you’re the witness you feel like a criminal. Not by the magistrates or anything like that, it’s the lawyers, the way the lawyers work or the defence lawyer. When they go, “I put it to you and that wasn’t the case”; they’re trying to say you’re lying. And one thing I will say about the court experience it would be handy if you have a glass of water while you’re being questioned when you’re stood up and giving your evidence. Just a simple thing like that. Because you can see the lawyers have got glasses of water where they are. And you do get so dry when you’re up there giving evidence. What else would be nice, as well, is after the defendant has give their comment, is to be able to stand up and rebuff it…It would be nice to be able to say something into the lawyer’s ear and I say no, ask him about such and such. But because you’re all sat separately and can’t converse with anybody else.” A mother of a young person who had a knife held to their throat expressed how she feels: “He [the offender] did go to court, apparently somebody should have let us know what happened but they didn’t…then we get a letter through the post saying that he’s [her son] going to have to go… to give evidence. But it feels like we’re being summoned to court now…we don’t have a | 73 74 | Service Experience Courts and Crown Prosecution Service solicitor, we don’t have anybody to support us,…we’re just being told what to do…like we’re common criminals,…like we’re the ones in the wrong or something…and it’s made me realise why so many people say I don’t think it’s worth it.” For many victims and witnesses, the attention is completely on the person on trial and they are sidelined, even by those that they assume will be on their side, such as the prosecutor from the Crown Prosecution Service. The person on trial gets all the support they need and the victim or witness is largely left to fend for themselves. The mother goes on: “It feels like we are the only people in the scenario who have nobody to stand up in court for us…if he’s [the defendant] not working he can get [a] free solicitor, he got someone who’ll come and stand up for him and talk for him for free. We don’t have that option…it just feels like once…you’ve given your initial statement nobody’s really that interested… Now I don’t have any confidence in that the system is working for us.” The mother of daughters who had been sexually abused also expressed her concerns at the lack of contact with the prosecutor. It highlights the need for the victim to be more involved and have their voice heard; “…whereas he [the defendant] can have a solicitor [and barrister] …I haven’t even met mine once. So I haven’t been able to say could you please say…this is taking too long or something…I haven’t been able to say that because I’ve never met the person that’s supporting us. [I was told] usually witnesses…meet their like barristers on the day. I think that’s wrong. I think you should meet the person that’s defending you way before the court case… …I don’t know who this person [prosecutor] is. I don’t know anything about them. I don’t know, I haven’t been able to think are they good or they know what they’re doing because I’ve never met them. “He [the offender] did go to court, apparently somebody should have let us know what happened but they didn’t…then we get a letter through the post saying that he’s [her son] going to have to go… to give evidence. But it feels like we’re being summoned to court now…we don’t have a solicitor, we don’t have anybody to support us,…we’re just being told what to do…like we’re common criminals,…like we’re the ones in the wrong or something…and it’s made me realise why so many people say I don’t think it’s worth it.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 …is he good, because it just seems that [defendant’s] solicitor is …doing the shots and they’re getting away with everything, where’s if ours, it’s like playing over rolling dead…obviously if you’ve not had any dealings…you can’t get to sort of kind of know. I can honestly see why people throw in the towel, because he’s made to look golden boy and it’s my girls and me on trial and it’s him on trial. If anyone should be stopping the trial date it should be me and the girls because we can’t cope, not him.” The lack of someone of legal standing who can represent them in the court room during a trial adds to the isolation many victims and witnesses feel. A mother of a young victim explained what she felt was a gap: “CPS [Crown Prosecution Service] have made a decision and that was that…I’m [CPS] are even going to speak to you. I was very unhappy with that…we don’t have any say in it, that’s the end of our say, nobody’s interested now in what we’ve got to say…that’s how it felt was nobody really cares about us. We don’t get to know … the solicitor and go to court and say this is what we think, this is what happened to us. Nobody wants to know. Our solicitor is the CPS, but they’re not our solicitor. They’re not there for us. They’re there to… get a conviction…but [I] didn’t feel that it was taken very seriously.” Both victims and witnesses and those that work in and around the criminal justice system identify that the Crown Prosecution Service should improve how it communicates with the victim and witnesses to both notify them of trials, and also to keep them updated on progress and explain why certain decisions have been made. Accessibility to the Crown Prosecution Service is also an issue. A witness to a robbery told us about their experience in trying to get an answer to their question about having to attend court: “[I was] again unable to contact CPS for explanation re being called to court. Also I re-contacted them as I had an operation booked in. They just kept saying well you’ve been called to court so you have to attend. Unbelievable the defendant didn’t arrive at the first court appearance as he had apparently “been lost in the prison system” and they were unable to locate him in order to bring him to court. The supposed ID issue was dealt with at this hearing as a legal point argued in court between the lawyers. But I was still called again to the rescheduled hearing and still with absolutely no explanation why, bearing in mind the issue that I was a witness in had already been debated and settled.” One victim of domestic abuse told us how they had found out almost by accident that the court and court date had changed when being shown around a court that, it turned out, was not the court that would be hearing the trial: “…when I went to the courts to have a look round and request…[I was told] that the court date had changed and changed towns… CPS [Crown Prosecution Service] hadn’t told me, the courts hadn’t told me, the police hadn’t told me…there were three different agencies that could have contacted but never [did]…we found out from…witness services when you go up to the court and look round.” I rang up the CPS to make a complaint and…I rang and then when I rang the number it’s not recognised so I never did put a complaint in…” Someone who intervened in a fight between young people who was then attacked, suffering head injuries and now has problems with memories, experiences blackouts and has periods where they become confused, told us about their problems in trying to get answers: “The CPS [Crown Prosecution Service] I had no contact with. And the courts…I was let down by because I was left in limbo… [there] doesn’t seem a designated point of contact when you get to the courts, to find out what’s going on. Am I needed? Should I be there? Am I likely to be on a witness list? When is the person actually going to be brought for trial? What do I need to do? Things like that…Do I need to set aside time off in case I’m called? …It just went deafeningly quiet and I only actually found out what had been going on from one of the other witnesses, who had also only found out third hand.” In many cases, the decision or sentence of the court or sentence is perceived as ineffective. Magistrates tell us that the processes to ensure that the victims’ voice is heard in court through victim impact statements needs to be considerably improved. Another related issue is inconsistency in who was hearing the case. We were told by someone who went to court regarding a long-running boundary dispute resulting in a neighbour trespassing on their land and damaging property that: “We thought that by going to court a judgement would be made to resolve the problem. Instead, we had four different judges and although the outcome was in our favour, we are still living with the problem.” There is also a sense that courts have become detached from reality. One victim of vandalism describes their frustration: “My car was vandalised whilst parked on my drive. [It was a] very emotional experience, also very disruptive, and significant financial loss (still waiting for one of the perpetrators to pay what the court ordered). I still get very angry when I see [offender]…walking around Daventry and the court unable or unwilling to do anything about it. I was an innocent victim of mindless vandalism yet had to buy my own car back from the salvage company, and cover the costs of repair when the insurance companies offer did not cover the full cost. If you are really serious about a new criminal justice system, then it has to be a lot broader than just the law. NCC [Northamptonshire County Council] should pay all costs that victims incur due to the kind of behaviour I suffered, the establishment has the power to enforce idiots to pay back the money, I don’t, and the law won’t. Even if you arrested…I still wouldn’t get my money back, yet he scams | 75 76 | Service Experience Courts and Crown Prosecution Service the benefits system, owns a smart phone, does his drugs, drinks in the local pubs, etc etc all in the face of the tax payer who would rather see him lose his liberty, his driving license, his passport, and have his benefits reduced. You really don’t care enough and have lost touch with peoples real life concerns and issues. People want tougher actions and sentences. If it was your car and life that was disrupted you’d be more understanding.” The negative experiences of victims and witnesses of courts outweigh those with positive experiences. The standard of service is inconsistent, with the courts themselves shrouded in mystery and court officials are divorced from real life. The process is too long and too often littered with delays and adjournments. The impression that victims and witnesses have is that they are required to meet the needs of the court, regardless of the difficulties and costs to them including having to rearrange work or family commitments and sometimes for no reason. There is insufficient information and support to help prepare victims and witnesses who attend court, poor communication, especially for adjournments, and lack of consideration, respect and empathy for victims and witnesses who feel sidelined and, in some cases, feel they were being judged themselves. All of this goes to further undermining the confidence of victims and witnesses that they will see justice effectively taking place. This is encapsulated by the view of one witness to a serious assault:; “They are taking far too long to bring this violent crime to court. All the time the violent, abusive criminal is free to do what ever he likes, with his partner to back up his every move up! Court cases, provisionally booked…waste of time and inconvenient. Then finally a solid date, which has now been cancelled and rearranged. I am beginning to think the Justice System is a “Big Joke”.” Recommendations Courts and Crown Prosecution Service •The Crown Prosecution Service and police should put arrangements in place to ensure that victim impact statements are presented at court. •Magistrates and judges should consider how they might provide more detailed explanations in court about sentences given. This would address the concern of many victims and witnesses and members of the public who do not understand the sentence given and may not feel that it is proportionate to the crime. •The practice of double listing trials in courts leads to huge disappointment, inconvenience and sometimes financial hardship for victims and witnesses. While some degree of double listing is inevitable to deliver an efficient courts system, this should be kept to the absolute minimum and take full account of the likely impact on vulnerable victims and witnesses. •The courts should consider greater use of video links to reduce unnecessary delays and adjournments, and consider a widening of the usage for vulnerable victims. •Further progress needs to be made to ensure the guaranteed separation of areas for victims, witnesses, and defendants in court buildings. •Arrangements need to be in place to provide special measures required by victims and witnesses in court which allow the arrangements to be made in good time before the proceedings commence and for victims and witnesses to be assured that the agreed measures will reliably be available on the day. •Provision needs to be available for victims or witnesses who haven’t previously identified a need for support and who then identify needs and requirements for support and guidance on the day of court. •The Crown Prosecution Service should consider how victims are engaged with the prosecution team prior to court and throughout the hearing. Often victims talk of the offender being clearly on very familiar terms with their defence team, but the victim only getting to meet the team who is prosecuting their case for the first time on the morning of the hearing. •Magistrates should consider ways to further strengthen links with all communities and further enhance their understanding of the experiences of victims. This could be facilitated by a programme of visits to different communities across the areas in which their courts operate using a similar model as used by the Business in the Community programme. •Options should be considered for creating a single point for complaint and service resolution across the criminal justice system. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 | 77 78 | Service Experience Support Services Becoming a victim or witnessing a crime can be a traumatic and emotional experience. It affects people and those around them in different ways and is not dependant on how ‘serious’ the crime is. It can lead to people feeling more fearful, cautious or angry and frustrated. The needs of victims and witnesses are diverse, from long-term emotional and psychological counselling, to shorter-term practical or financial support or having someone to talk to. Service Experience Support Services Victims and witnesses are the innocent parties when a crime is committed. However, becoming a victim or witness can turn lives upside down. The mother of young victims of sexual abuse by their father, unable to sell her house due to delays in getting the case to court, told us: “…I was left in so much debt…it’s unbelievable. I’ve got no where to turn with all the debts. …my head wants to explode with all the crap, trying to find money that I can’t, I’m in debt up to the eyeballs just trying to keep the house going until it can get sold… and then they say I’m not sick enough, so they’ve just stopped the money like that. That’s really going to help me and the girls with nothing bloody coming in and someone should be there to help us on that bit… …the house will end up getting repossessed because… [I’ve] not got the payments.” Surprisingly, the available research tells us that only a small proportion of victims and witnesses use services intended to provide them with support. Of the people we heard from only about a quarter had been in contact with Victim Support, the largest support organisation in the country. Victim Support is there to provide support to every victim of crime, but, in Northamptonshire, is currently not funded to support victims of anti-social behaviour. Likewise, of those victims and witnesses who attended court around only a third told us they had contact with the witness care unit at Northamptonshire Police and the witness service provided by Victim Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Support. These services are there to support victims and witnesses through the court process. “All agencies have been amazing, all helped the family, cannot fault any of them.” There are reasons why victims do not feel they need support. This may be because they feel able to cope on their own, feel embarrassed about being a victim, they think the crime is not serious enough or because they have strong personal or family networks that provide the support they need: “VS [Victim Support] and WS [witness service] Excellent, thank you. I feel listened to and supported.” “Received a card through the door from victim support but didn’t need it so didn’t contact them.” “Just let me know I could contact them [witness service] if I needed to.” “Decided not to use. Easier to talk to friends and family, they knew the situation” “Was sent a letter by Victim Support but to be honest I would have thought a victim would be more like someone who had GBH, ABH, etc; not someone with a broken door mirror.” Some may think they do not need support at the time it is offered, usually soon after the offence, but may do so further down the line and it is important this is available at short notice when needed. Those we spoke to who did not use the services when contacted were reassured that it was something that was available should they need it in the future: “Victim Support I have had some contact and it has been ok. I have had letters and phone calls asking if there is anything I need so it is nice to know the support is there.” The victims and witnessed we heard from who had used the non-specialist victim support services had limited expectations. They tended not to know about what support services there were or what they had to offer until they became a victim, but they tended to expect a level of reassurance, support and advice. A large number of people had their expectations met and told us they had received a good service from a range of organisations. They told us:; “Witness care unit. Good. Kept me informed. Sent me information on proceedings. Forwarded important update information to CPS [Crown Prosecution Service] and the police. Always calm and reassuring. Thank you.” “Victim Support provided a sympathetic ear, and contacted me very quickly.” “They [Victim Support] let me know what was going on.” “Daventry and South Northants community safety officers. The support from this agency was second to none. They listened to our problem, visited the site and contacted the local parish council. They continued to support me through all the complaints and they helped to finally have the youth shelter removed.” “They [Victim Support] made regular contact with myself and my girlfriend. My girlfriend especially appreciated having someone to talk to.” “I receive a reassuring weekly phone call from a Victim Support volunteer and this one to one support is invaluable as an aid to recovering from the after effects of the crime.” A victim of domestic violence could not praise the support received from Victim Support and witness services enough, despite not having a good experience of the overall criminal justice system: “The only person who has really supported me through it was… my Victim Support worker. [Named Victim Support worker] took a big weight on her shoulders and she’s a volunteer…I would have gone to court if it wasn’t for [named Victim Support worker]. I would have took the consequences of having a witness summons and breaking it but it was [named Victim Support worker’s] reassurance and talking to me that made me realise that I’d got to do it, not only for me but for my kids. I was going up to see her weekly and she was always there on the end of the phone if I needed to talk to her or if I had any problems or concerns she was there.” About witness services, she said; “When we went to look round Northampton Court, it was just a precourt visit to see who sits where…[named witness services worker] was really nice and reassuring…She was listening and she tried everything to reassure me that everything would be fine on the day, if I weren’t sure of anything she’d be there for me to ask any questions and she gave me her number any time I needed to ring her if I thought of anything else she was always there… She should get a medal… She was brilliant.” One victim of rape who spoke to us described their appreciation of the support services provided by Victim Support and Serenity. With reference to Victim Support they said: “And to be honest I can’t fault Victim Support really…even now still has a lot of contact…with [named worker] from Victim Support, she’ll go and see him at his work place. She’s [named Victim Support worker] played a real big part in [victim’s] life and just to get…over it really… And she’s been really helpful, really kind again very professional, can’t thank her enough, really can’t.” But there is also a mixed picture where victims and witness support services are seen to provide different levels of service. This may reflect the different needs that victims and witnesses have and expectations they have of the services on offer. Some services are only provided by specialist organisations that support victims of specific crimes. A victim of rape, sexual abuse and violence told us; | 79 80 | Service Experience Support Services “Victim Support were not helpful to me. Nene Valley Family Christian Refuge also Women’s Aid, they helped me in every way, support, counselling, courses etc.” A victim of burglary also told us about the support they had been offered but her neighbour, who had actually witnessed the crime taking place, had not been offered the same level of support: “I had a letter and then she [Victim Support worker] rang me and I didn’t feel I needed any sort of counselling support that she had to offer, just because of the nature of my crime really. But it was there and she made it perfectly clear that if that were to change then I was welcome to contact them. The lady who witnessed it, my neighbour over the road. I’m not sure how much support she was given because she wasn’t the victim, but she was absolutely terrified at the prospect of having to go to court.” Nevertheless there are examples where the level of service did not help the victim or witness or meet their expectations. When the help is not available, it reinforces the sense of vulnerability and isolation some victims may feel. A victim described to us what happened to them and their experience of support services: “[I was] attacked by young people deliberately throwing rocks at passengers waiting for buses at bus stop and at vehicles driving past. Whilst being supportive, Victim Support does nothing to either remove the fear and anxiety of incidents happening again or provide reassurance that there will be police assistance in future.” Another victim of burglary who had all their jewellery stolen told us: “No help whatsoever, I had my hopes for support raised when I heard about this service and this made it all the worse when they turned out to be useless.” When we spoke to people who work in and around the criminal justice system, we were also told about their experiences of services which they believe lets down victims and witnesses: “Mental health crisis team seem to be a real let down. I have never heard anyone say a good word about the service they provide. For example, if someone is feeling really depressed/suicidal and they muster up enough courage to call someone for help and then get told to, and I quote, “drink a hot chocolate”” “Support from professionals and support workers in the field of mental health seems lacking for those who may display anxieties but not have a specific psychiatric diagnosis.” A mother of a young victim talked about being caught up in a system that made it difficult to get the help needed: “So all I want to do is just speak to somebody and say what’s going on, what’s happening? In the mean time [named victim]… won’t come… out his bedroom, won’t leave the house he’s scared, he knows that this person is bailed just up the road, and we’ve had no support… So we eventually get a letter from the police saying…that Victim Support will be in contact, so I phoned Victim Support, say I think we need some help, we need some support, so I speak to one person she asked me all about it, and then she says oh OK, I’ll put you through to the right area then. I think why did you ask me all those questions, why did you get me to tell you everything if you were just going to pass it on any way. It wasn’t like I said I want to tell you all this she was asking me the questions so then I was answering. So then I go through to somebody else thinking that now I’m in the right place, no she asked me all the questions again and then says…we’ll need to… allocate a person right then OK, but that won’t be here that will be somewhere else…so can they phone. And I’m saying look my son, I think he really needs to talk to somebody but he won’t… come and talk to you on the phone no I don’t think that’s really the right way to do this… Can’t we arrange the appointment for him, can it be somewhere reasonably local? Can it be somewhere, you know maybe you could use school…” The experience worsens when, despite the difficulties already experienced, expectations are raised but nothing happens. The mother continues:; “Well they’ve never got back in contact with us; we’ve not heard anything from them. We decided take him to the doctors ourselves, just take him to the doctors, because…because he couldn’t sleep…and the doctor was really very good with him. She talked to him…said to him…it was understandable that he was in shock and talk to him about why he might be feeling the way he was… That’s all it took was somebody sat and said I’m not surprised you feel that way and gave him a little bit of understanding… and things slowly started to progress from there, things slowly started to improve almost like magic really.” Another victim who was assaulted and to whom the offender threatened to stab their children told us: “I was told they would get back in touch with me and they didn’t.” Much of the victim and witness support services in Northamptonshire is provided by charities and volunteers. Those we heard from who work in and around the criminal justice system appreciate the positive contribution that these services make in supporting victims and witnesses. For example one told us: “[The] witness service is a godsend to victims and witnesses at court. They are mostly volunteers and without their support, the courts would not run as efficiently and the victims and witnesses would be a lot more stressed.” Maintaining these support services in the face of cutbacks is a challenge. A victim of domestic abuse who has experienced how the level of service has changed over time told us: “From 2009 to 2011 these services were effective and personal. Women’s Aid, Victim Support, I think that since then I have recently found that I have had less contact, I have been told that people will Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 contact and they do not and the system seems to be very overloaded. Obviously there must have been cutbacks, as the support has changed in just a year or so.” Recommendations The issue of funding is also a concern raised by people working in and around the criminal justice system. One suggested to us that: •A new Victim and Witness Service should be built and delivered that; “The infrastructure is already in place to provide support, but agencies are continually faced with lack of sufficient funds which makes planning and developing their service challenging. The witness care unit is underfunded, without sufficient full time staff they will always have difficulties in carrying out their essential role. Victim Support, witness service is a voluntary agency whose service is reliant on funding being made available. Without these agencies the support to witnesses, victims would be seriously compromised. As much as talking about “improvements” maintaining and developing the present support system should be a priority. This is clearly a challenge in the present financial climate. However, in the context of Victim Support, witnesses service, being a voluntary agency, it should be noted that the benefit of their contribution to supporting witnesses, victims far outstrips the actual cost of the service.” Support Services a) provides a quality, single point of contact to the entire criminal justice process, designed around victims’ and witnesses’ needs, accessible to all, offering information, updates on case progression and court processes, liaison and care for witnesses going through court, and provides support services for as long as needed; b) works closely with the Police and Crime Commission to deliver quality commissioning of specialist services, for example for victims of ASB, domestic violence and serious or sensitive cases, such as victims of road collisions and fatalities; c) commits to continuously listening and hearing from victims and witnesses, championing their needs and providing feedback to organisations and agencies in the criminal justice system and beyond where appropriate. •Consideration should be given of how both general and specialist victim support services can be made more accessible to people who have chosen not to formally report their crime but who still require support. •Building on the information received during the Victims’ Voice consultation, the Police and Crime Commissioner should further review existing specialist services for victims and witnesses, and develop a strategic plan for future service delivery. •Across the provision of specialist services, the training, management and support of volunteers could be strengthened. This should be considered by the Police and Crime Commissioner as he develops new option for an integrated model of volunteer management across criminal justice and community safety. •Options should be explored of whether a ‘cashless voucher’ system could be developed and piloted for victims of crime, to allow them grater personal choice and flexibility in accessing services how and when they feel best meets their needs. Whilst these negative experiences are not necessarily typical of the services that victim and witness support services provide, they highlight the need to get it right every time. The consequences of getting it wrong can be long-term and farreaching, adding to the trauma and pain of being a victim and witness in the first place and affecting all aspects of a person’s life and their sense of wellbeing. | 81 82 | Restorative Practice It is clear that for many victims what they currently experience does not meet their needs and support them to recover and move on. The court process is slow, does not always get to court and does not always give the closure that victims want Some victims welcome being offered an apology and to have an opportunity to tell the person who had victimised them directly how they feel and the harm that has been done. A mother of a young person threatened with a knife told us: Restorative Practice “Almost part of me thinks… we don’t know what he’s thinking, and maybe he feels really bad for what he’s done because… just to know that he realises what he’s done and he might feel some guilt for what he’s done… would improve the situation. And I still think he should be punished for it but to know that he’s not sitting there laughing at us would make me feel better. And to go to court my son have to go through all that and then nothings come out of it… I would feel that he’s laughing at us.” Such processes, in which the victim has the opportunity either in person, or less directly if they wish, to talk with the person who has offended against them, are known as ‘restorative justice’. This does not have to happen face-to-face. There are other ways that it can be done such as through an intermediary, by letter or other means. Often victims experience a formal court process and end up being none the wiser as to why they were singled out and whether there is a risk they might be victimised again. Victims often experience being “unheard” and “drowned out”. Victims are not able to directly tell the court about what has happened to them and impact on their lives and those around them. They see a criminal justice system which focuses on the legalities of their case and on dealing with the offender concerned, often feeling as a result that it loses sight of them, as victims: Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “…I do feel sorry for these boys because I think their circumstances have led them to behave the way they have… But at the end of the day what someone should have, I think, ensured is that somebody apologised. You know, its all very well giving somebody community service, but you know, when you did what you did I’d quite like you to come round and apologise and say I’m sorry and own up to it.” Staff working in and around the criminal justice system describe the frustration of victims they work with when expectations of the justice system are not met. “… without the time or resources we can never give a ‘perfect’ service to either [victims and witnesses]. We definitely need some forum (leaflet, perhaps) to give to victims who have been ‘out of pocket’ because of their crime which explains the powers which police/courts have to recoup, or otherwise, some or all of the losses, eg it is very difficult for victims of criminal damage to understand why the police are unable to make the offenders pay for that damage. The justice system rarely allows for compensation or reparation dependant upon the outcome of the case. Victims become very upset at the police and feel victimised all over again. This is an area which definitely needs re-examining as it does nothing to help victims.” Restorative approaches can include other reparative elements, where the offender agrees to make amends for the harm they have caused. This may be direct, such as repairing property that has been damaged or paying for it to be replaced. Alternatively, the offender can agree to undertake other indirect reparation that helps the victim or the local community in some other way. People who work in and around the criminal justice system are generally positive about the concept of such ‘restorative practices’, and several have been trained to use these methods. However some suggest that they do not have the opportunities to use these skills at all and others lack confidence when they do so. They feel senior managers talk a lot about such ‘restorative justice’ but have not made a genuine commitment to make it happen, to make it a service that victims can use should they choose to and are not prepared to invest sufficiently in it. The Youth Offending Service has used restorative methods for some time and has helped train staff from other organisations. There are further opportunities here to share learning from this organisation’s experience and for their staff to act as mentors for other organisations. There is a view that restorative and mediation processes should happen as early as possible after victimisation has taken place, and yet often they are only offered a long time after, when formal court processes have completed. Some of those who work with victims worry when dealing with anti-social behaviour that there is crime investigation and evidence gathering activity that can ‘get in the way’ of finding early resolutions for the people affected. The flip-side is that sometimes victims are not ready for ‘restorative’ activity when it is first offered, but become ready later, yet it is often only offered to them once. This timescale is often set by agencies managing the offender through the criminal justice process, rather than in the interests of the victim. It is important to victims that such opportunities are offered flexibly so that they are available if and when they want it, at any stage of the formal justice process or long afterwards for that matter. There is confusion within the police, with ‘informal resolutions’ and ‘restorative practice’ sometimes assumed to be one and the same, whilst actually it appears that many are not particularly engaging of victims or ‘restorative’. Some victims do not see ‘out-of-court disposals’ (where the police deal more informally with the offender rather than prosecuting and the offender going to court) as ‘proper punishments’ at all, with the sense that ‘nothing has happened’ and that they, as victims, do not have a say in decisions to prosecute. Victims also worry that some cases dealt with informally by the police are too serious and that it is inappropriate for informal ‘out of court’ disposals to be used. The desire for ‘restorative’ approaches in their case is far from universally held by victims. There are risks that some victims really do not want such approaches and yet they are thrust upon them anyway. Some felt it can become superficial, particularly where letters of apology are not genuine or not wanted. Some victims simply do not want the offender back in their vicinity and want to move on without any ‘restorative’ approach. Others would welcome it. The solution is to give victims all the options available and enable them to make an informed choice. Every case is different and one size does not fit all. “… well it’s got pros and cons. It’s just that I know I’ve read something about this in the press not so long ago … she actually met the person, I think it was robbery … or she’d been burgled and she met the person that committed the crime and actually gave her some resolution because she questioned the person why she did it. And it gave her understanding you know. About them as well. You know because he was a drug addict and … it opened up an area that she’s never talked about. | 83 84 | Restorative Practice The closure bit, I’m right with it … the only reason I would say that I want to meet them is to actually give me an idea to sum up what backgrounds they’re from … the reason why… Do they have to you know do silly pranks like that?” “Now he is being told he might have a prison sentence, he has never been to prison, that is why I’m upset. I don’t like a [man in his fifties] going to prison, he has health problems himself now. Yeah he did what he did and he was wrong and needs to be punished, but I don’t thing in this day and age, a man who done this once in eight years. I’m worried about this. I would like the court not to send him to prison for that, I would like to see him on an anger management course, talk to someone, maybe community service. There is no point giving him a fine, he can’t pay it. I worry greatly if he went to prison for his health. I don’t really know what punishments there are… Don’t feel like I have a say in outcomes, the magistrates have taken it over out of my hands.” On balance, there seems considerable opportunity for victims to benefit much more from ‘restorative’ approaches, but they need to be of high quality and carefully managed, they need to be flexible and they need to be available for victims to make informed choices. “Now he is being told he might have a prison sentence, he has never been to prison, that is why I’m upset. I don’t like a [man in his fifties] going to prison, he has health problems himself now. Yeah he did what he did and he was wrong and needs to be punished, but I don’t thing in this day and age, a man who done this once in eight years. I’m worried about this. I would like the court not to send him to prison for that, I would like to see him on an anger management course, talk to someone, maybe community service. There is no point giving him a fine, he can’t pay it. I worry greatly if he went to prison for his health. I don’t really know what punishments there are… Don’t feel like I have a say in outcomes, the magistrates have taken it over out of my hands.” Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Recommendations •Northamptonshire should be established as a ‘Restorative Practice County’. This should entail a large-scale increase in the use of restorative justice, which will require financial resources from a range of agency budgets. •Subject to successful evaluation, the restorative practice pilots across the county should be replicated in other areas of the county. •The use of restorative practice as a means of early conflict resolution should be considered in a wide range of contexts, including schools, partly as a means of avoiding some crimes arising in the first place. •Restorative options should be seriously considered as a component of sentencing for all offences, where the victim wishes this to be the case and has been engaged and able to make an informed decision in terms of wishing to participate. •An expansive programme of training should be undertaken to develop skills and understanding in respect of restorative practice, to increase the availability of restorative options to all victims who desire them. •The new Northamptonshire Police, Crime and Justice Institute, once established, should function as a ‘local evidence hub’ for restorative practice, to support the development of quality practice to support victims. | 85 86 | Working Together From speaking to and hearing from a number of victims and witnesses, there seems much confusion about what support services are available to them, when and how they can be used, what organisations provide them and who they are offered to. Victims and witnesses are generally clear what they expect from the police in terms of response and investigation. However, there are gaps that start to appear in the police providing aftercare in keeping the victim and witness informed of developments up to and including the court process. Working Together The experience of the court process is the most confusing aspect for the victims and witnesses we heard from, often because it is new and not well understood. The roles of the different people and organisations that work in and around courts – magistrates and judges, court clerks, ushers, witness service, witness care unit, probation, CPS, defence solicitors and barristers, security – add to this confusion and victims and witnesses only have a vague idea what they do. A victim of domestic violence told us: “it is very confusing (about what organisations are involved and who does what), I mean as the court case was getting closer it seemed like I was the one who was having to make all the phone calls…” Victims and witnesses have expectations of the court process that they will be valued: that they will be told in a timely fashion when and where the trial will take place, that it will take place within a reasonable time after the offender has been charged and delays will be minimised, that they will be kept informed of developments and decisions will be explained to them, that they will be protected, and they will be supported and advised throughout. It is still the case that many criminal justice organisations do not give sufficient focus to victims and witnesses. One person we heard from who had been a victim of a number of crime and anti-social behaviour told us: Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 “When I rang Northamptonshire Police (using the 101 single non-emergency number) I was presented with an automated answer service which presented 4 options, the first of which was to speak to Custody, the second and third were concerned with processing fixed penalty payments and only the 4th of which was to report an incident. This seems to suggest the focus of the Force is not with the victim!” (NB: the 101 options have now changed, but the option to report an incident no long exists and is now ‘for all other enquiries’). It also appears that they are not working effectively together. A victim who was being harassed, intimidated and stalked told us what they would like to see improved: “Police, CPS [Crown Prosecution Service] and courts [need to] all work together more. Police and courts seems to understand my concerns and spend a lot of time, money and resources making me safe for then the CPS to say he’s not a threat and then the courts pass such small custodial sentences.” There are also community-based victim and witness services that can provide support throughout and beyond the criminal justice process. There are specialist services that deal with people who have been victims of sexual and domestic violence crimes. But again it is poorly understood by victims and witnesses which organisation provides what service. Police officers should refer all victims of crime, currently other than antisocial behaviour, to Victim Support who then follow up with a letter or telephone call, but how consistently this approach is applied is open to question, given the number of people we had spoken to who told us they had not had any contact with Victim Support. Therefore, it is difficult for victims and witnesses to know who and how to contact the right support service, which is able to provide the right information or provide a service that meets the needs of the victim and witness, at the right time. There are many examples where victims and witnesses have had to do the chasing themselves and being passed from pillar to post before getting what they want. A victim whose neighbourhood was also experiencing problems of anti-social behaviour told us: They told us that, along with improving the communication with victims and witnesses and developing a slicker and speedier criminal justice system, the need for staff from different organisations to work better together would improve the service that victims and witnesses receive. “Eventually after many phone calls and e-mails, I received a suitable answer. All the agencies … came together and worked as a team. There is a need for staff to understand what other organisations do and how they do it: I found it very frustrating that I didn’t get answers from anybody at first.” It is also apparent that organisations and services who work with victims and witnesses are not aware of each other and what each other does. When asked about the role of the witness care unit, the magistrates and court staff we spoke to told us they did not know. Likewise, as we found during a group discussion with people from different organisations who work with victims and witnesses, that there was a degree of ignorance about what support services are available in the county. There are some examples when organisations have worked together well in the interests of the victim and witness, but more where this has not happened. This is clearly frustrating for those working in and around the criminal justice system and working with victims and witnesses. “It was only when I spent time in the courts that I realised how the services/products from the police were used, and where the police could do things different to help the courts (and vice versa). Encourage support staff (police service) to spend a day or so in the magistrates court so they can get a better understanding of the issues the courts face.” “All agencies should have an understanding of what the other service can offer and should ensure the victims knows this at all stages. Each service should be providing the victim with information regularly to ensure they feel they are part of the process.” “… Agencies need to work more closely together to pool resources, avoid duplication and provide a better service to victims. The support that is available for victims need to be mapped, so that referral pathways can be better established.” We were also told that victims and witnesses should be actively involved in the development of services: “it is very confusing (about what organisations are involved and who does what), I mean as the court case was getting closer it seemed like I was the one who was having to make all the phone calls…” | 87 88 | Working Together “Services that support victims and witnesses should be more joined up to avoid duplication and provide better support throughout an investigation. Victims and witnesses should be better consulted about what support they want to receive and the service that they then receive should be tailored to meet their needs.” Services that are provided to support victims and witnesses should also be monitored to ensure they are providing the best quality of support and be available when they are needed: “… ensure that there is a regime of quality running throughout the service provided to victims and witnesses … in order that others have confidence and trust to come forward as witnesses and to report crimes as victims.” “Witness support often help within the courts and before a witness attends but so many victims and witnesses are missed by their services and so the court arena can become very difficult for some” Victims and witnesses need to be at the centre of what criminal justice organisations provide. Supporting and protected victims and witnesses needs to be core business and be the focus of attention: “Structure/support to probation officers does not inspire confidence that victims are a priority. Communication with other agencies. It is often hard work to get Probation to take lead/engage in inter agency work even if individual officers want to!!” There are a number of ways to improve the coordination, cooperation, communication and quality of victim and witness services. One is to have staff from different organisations co-located or to have a single victim and witness support service that supports the victim throughout the criminal justice process and potentially beyond. A victim of domestic violence describes his experience of the services provided and what needs to be done: “Useless. I think they need somebody or somebody from the police, the CPS [Crown Prosecution Service] and the courts all to talk to each other, communicate … or set up a unit which deals [with it] specifically … with everything being … in one pot, all these agencies actually working together or having an agency specifically for that, I think they’ll get more trust from victims. I believe with more trust there’ll be more conviction …” We also heard similar views from those that work in and around the criminal justice system: “I would query … whether victims would see the police as best placed to provide this wider range of support, rather than an independent voluntary or other body …. Victims may have to come into contact with a number of different people and departments as they progress through the system. This could lead to victims having to retell their story again and again – a single point of contact or a victim advocacy/ support service might help to reduce this” “Establishing a single information point for victims/witnesses would bring a great improvement... Victims/witnesses and staff from agencies can get confused as to who might be dealing with a particular case or should be contacted for specific information.” This approach would enable victims and witnesses to have specific named points of contact that would coordinate the support the victim and witness needs as well as help them navigate through the criminal justice system. “There is the potential for victims to be contacted by up to 5 separate agencies to provide the same information … cradle to grave, one stop shop, single point of contact provision of care would remove this.” “Set up a “victim services” group. Victims need a named contact – they speak to different people all the time and get a different story with every call. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Recommendations •The Police and Crime Commissioner should work to set the strategic direction and consolidate and strengthen commissioning of victims’ services, to improve outcomes for victims and provide enhanced qualities of service to them. | 89 90 | Bringing it all Together Bringing it all Together Across the experiences given voice in this report, there are some common themes. Where victims have been made to feel unimportant, not handled in a sensitive way, not been involved, not had their cases managed professionally, it would be wrong to see those things as somehow the individual failings of front-line staff. The failings in responding well to many victims and witnesses and of fully meeting their needs are ‘institutional’. They are the product of strategic priorities and performance systems that haven’t put service to the victim absolutely and unambiguously as the number one concern. They arise from professional cultures that don’t define the jobs of people as being about helping and supporting victims. They reflect some stark gaps in training and supervision. There is also a need to champion and celebrate more of what is good about the services available to victims, and to reward those who go the extra mile for victims. The whole system is not currently appreciative enough of those who focus their work on meeting victim needs and display great levels of sensitivity and skill. Recommendations •There are examples of excellent practice in working with victims and witnesses across the county. This needs to be celebrated and encouraged. An annual award for best practice in meeting victim’s needs would be an effective way to celebrate and champion this work. •The National Victims Code of Practice is going to become a statutory obligation and should be embraced and implemented locally. Currently this is about policing and should be considered for implementation across the agencies of the criminal justice system. •A pilot is already being developed for a Northamptonshire Victim’s Contract, setting out in straightforward terms the service that victim and witnesses should expect across the criminal justice system, and this work should be further developed. •There is a need to enhance the training available to officers and staff across the criminal justice system, in particular to increase understanding and empathy with victims and witnesses, and also to develop skills to better engage with victims and meet their needs. •The Police and Crime Commissioner should lead on a rural crime prevention campaign, to prioritise the victims of rural crime and ensure they are better protected from repeat offenders. •The Police and Crime Commissioner should undertake a review of performance targets across the criminal justice system, to identify ways in which they could become more focused on meeting the needs of victims and improving outcomes for them. •Digital communication and social media should be enhanced to improve information available for victims. •Northamptonshire Police should dedicate a key area of their website for victims and witnesses so that information is easy to access, and so that victims and witnesses know they are at the heart of services. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 | 91 92 | Just a Start for Engaging with Victims… Just a Start for Engaging with Victims… Recommendations The Victims’ Voice process represents a real landmark in the engagement of victims. But it is just a start. The experience of victimisation is highly diverse, and the whole of that experience has inevitably only been partially covered by this project, despite its scale and the number of people involved. This work must be just a start. –a programme of research to engage victims to help ‘see things through their eyes’, building on the two research projects (with adult victims of violence and young people as victims) already undertaken in partnership between Northamptonshire Police and Northampton University. •The Police and Crime Commission is establishing a new Police, Crime and Justice Institute hosted at Northampton University to focus on increasing the knowledge of victim needs and evidence-based practice to better meet those needs. Once established, the Institute should further develop the following work; –new approaches to seeking feedback on services provided by the police, and will broaden current feedback received from victims that focus on specific crimes types and only on adult victims. –a process to get regular feedback in respect of victims and witnesses experiences of the courts. •A programme of activities building on the creative workshops undertaken in Victims’ Voice should be developed to allow young people to help design and improve services across the criminal justice system, with a particular focus on meeting the needs of young victims. •The Police and Crime Commissioner should undertake a review of how well the needs of diverse communities are met across the county. This will include a focus on how older people’s, people of faith and people from different cultures and backgrounds needs are met, and how they have opportunity to shape and improve the services to meet their needs. The Police and Crime Commission’s Office for Faith-Based and Community Initiatives should play a key role in this Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Conclusion This report marks a dramatic new beginning for victims in Northamptonshire. The Victims’ Voice has sought to hear from victims, on their own terms, in their own words, and about the issues that matter most to them. The criminal justice system will only really improve when it starts to hear the voices of victims, directly and clearly. This report is only the start of a very long road of improvement in Northamptonshire. But the fact that it is such a big and important first step on that journey is thanks to the people who have shared so much over recent weeks and months to make this report possible. The experiences shared are difficult and often very emotional ones, very personal, sometimes tragic, often life-changing. The task for us all now is to make the most of this priceless insight that has culminated in this report. To use the insight that the voices of so many victims have provided to make a real and lasting difference. Some of this report is distressing. Much will have been an uncomfortable read for many who work across the criminal justice system. It is important to recognise the great people who work across criminal justice, victim support services and the police. To celebrate the huge and very genuine commitment they give to improving the lives of communities and victims. Most of the failings exposed in this report are systemic and strategic, they are organisational and cultural, not the personal failings of those hard-working front-line staff. And throughout the report there is a lot of evidence of the good things people have experienced during their times of greatest need, the officers and staff who have gone the extra mile and very often made the difference in helping people to get through the darkest of moments in their lives. Too often the whole experience of victimisation has become overly sanitised, cloaked in an impenetrable professional jargon, formalised into processes and statistics, abstracted away from victim’s control into legal processes. A broken jaw, six weeks off work and an emotional impact that can last a lifetime feels very much more real than the technocratic language of crime statistic categories. Victimisation is a very personal human experience. Being a victim often changes lives, and sometimes ruins them. Somehow this raw reality of being a victim has become lost within a criminal justice system that is hard for victims to navigate, that has become ‘process driven’, that is ‘offender-focused’ and that is shaped more by the ‘professionals’ who work within it than by the victims who rely upon it. Some might argue that these authentic voices of victims should not be heard in the way this report allows them to be. That perhaps it risks being exploitative of the experiences and emotions of people who have suffered terribly already. Or alternatively that exposing so vividly some of the shortcomings in their experiences may further reduce the confidence of other victims to stand up and report what has happened to them. There is an argument that a report like this might make future victims more worried about the service that they will receive, whether they will be taken seriously and treated sensitively, whether they will be believed, whether they will be protected, how low the odds might be that their case would get as far as court, and if it did how traumatic would the experience of being a witness in court then be? These risks are more than balanced by the incredible change that the victims, who have given so much to produce this report, begin to make possible: That we can together make a reality of a criminal justice system designed to meet the needs of victims. This report is a beginning, not a conclusion. This report marks the start of an intensive and determined period of change to create a victim-centred, victim-sensitive, victim-shaped criminal justice system in Northamptonshire. We have an obligation to those who have participated in this work to act upon what they have now told us. The recommendations across this report only represent a start to what needs to be done, but if they are put into action quickly and collectively they stand a very real chance of re-shaping the experience for future victims and witnesses. Thank you to the many victims who have made this report possible. | 93 94 | Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 Anti-Social Behaviour Organisations working in ASB response and support services describe the implementation of a case management system and suggest that in Northamptonshire we are moving towards a position where organisations will be able to share information and updates more easily and quickly. •The Police and Crime Commissioner should develop a ‘one stop’ service for victims of anti-social behaviour, to avoid victims having to ring around several different services to receive the help they need. This service would enable any type of anti-social behaviour to be reported to one place that will coordinate a response across organisations, and will be a 24/7 service. •The police should consider how victims of long-term anti-social behaviour have a continuity of officer to avoid having to repeatedly tell their story and ensure their case is actively and consistently managed. •Mainstream victim support services need to cater for all victims, including those of anti-social behaviour. Domestic Violence •The services to support victims of domestic abuse should be more actively and innovatively advertised, to seek to ensure that all victims of domestic abuse can be made aware of the support that is available. For example discreet messages in places such as GP surgeries, libraries, places of work and on the radio where victims can access information without putting themselves at risk. •Currently victims are confused about which support organisations do what, feeling that some duplicate each other and others are unavailable in some areas of the County. Support services for victims of domestic abuse need to feel like one service, coordinated by one agency and coherently explained and offered to all victims. •Services currently available to support the wider family and particularly children of domestic abuse victims should be further reviewed to identify any gaps in current provision, from which improved services should be developed which better meets their needs. and an analysis of the needs of families and children should be undertaken, to help design improved services to meet their needs. •Currently the onus is on victims of domestic abuse to collect or show evidence to prove their victimisation. This needs to change. Police officers should offer more help and support to victims ensuring they feel believed and officers should take responsibility for collecting appropriate evidence. •Local authorities should review their powers to support victims of domestic abuse in cases where the victim is legally in the country but has insecure immigration status (for example where the victim is a partner of a British citizen who is their abuser),and provide more effective services to them. Victim support services should improve their knowledge to support victims in such circumstances and work collaboratively with local authorities to implement more effective services. Sexual Offences •The police should further develop the training available for all police officers in respect of being ‘first-responder’ in cases of sexual assault, to improve the quality of initial contact, manage to a higher standard the initial stages of investigation, and ensure a thorough knowledge of the specialist services available. •The current practice of non-specialised police officers being involved on an ongoing basis in dealing with and investigating cases of sexual assault presents significant risks. Officers undertaking such sensitive work should be fully trained and during the period of transition into such specialist work should have access to specialist supervision. •The police should review whether sufficient specialist resources are available to deal with all cases of child sexual exploitation and ensure these are readily available when required. •Arrangements should be put in place to ensure that all victims of serious sexual assault and rape attending specialist centres are able to be examined by a doctor of the same gender. •The Police and Crime Commission should commission an independent local review of the attrition of serious sexual assault and rape cases through the criminal justice system. This review exercise should consider all discontinued cases over a period of two years, including engaging with some of the victims concerned, to identify clearly the reasons identified at the time and to inform current and future practice. •The Crown Prosecution Service should explain face to face with the victim concerned all decisions that they have taken to discontinue cases of serious sexual assault and rape. Victims should also be made aware of their right to appeal and seek a review of the decision. •The police should ensure that arrangements are in place for confidential reporting of sensitive issues such as sexual assault are in place in respect of all front-counter and other police contact points, and that all frontcounter staff are knowledgeable about the specialist services that need to be engaged in such cases. •Consideration should be given for how services to support victims of sexual assault can be developed to better meet the needs of victims who are reporting historical abuse. •An engagement exercise should be undertaken with young people who have been victims of online exploitation and who are vulnerable to such exploitation, to develop a plan for improved service provision in the future. | 95 96 | Summary of Recommendations Hate Crime Fairness and Diversity •Hate crime should be more actively and effectively managed with outcomes which better satisfy the needs of victims, particularly in the parts of the county where this is identified as a pernicious and ongoing problem. •Victims and Witnesses need the reassurance that the principles of fairness and diversity will be taken seriously and treated with respect by the police when they investigate crime. The police and support agencies should consider how to further increase the knowledge and experience of their staff so they can demonstrate transparency in their working practices and work sensitively and effectively with diverse communities. •The police need to consider how longerterm cases of hate-based victimisation are managed, to ensure issues are ‘flagged’ on systems, investigated and attending officers suitably briefed of the full circumstances. •Support services for victims of hate crime should be designed to provide long term, quality service that meets their needs, particularly in relation to counselling and confidence-building. •The police should evaluate the current levels of knowledge and skill across offices and staff in dealing with hate crime and the knowledge of offices and staff in respect of the diversity of their communities. •The Northamptonshire Police, Crime and Justice Institute, once established, should undertake a research study into the experiences of victims of hate crime, in order to shape the improvement of future services and response. •The police should identify at an early stage where a victim or witness does not speak English as their first language, and ensure translation services are provided to ensure the victim or witness is fully able to communicate the issues or crimes they are experiencing •The police should ensure that all new and established officers and staff are sufficiently trained in the Keep Safe Card scheme, for the police to act as advocates for this scheme, and to ensure people with learning disabilities are involved in this training. •Consistent and specialist advice and support should be provided for vulnerable victims including victims with disabilities and their families. •Black and Minority Ethnic communities consistently report dissatisfaction with how their concerns are dealt with by the police. The Police and Crime Commissioner should consider how their voices are heard and ensure this information is acted upon. •The Police should actively engage with organisations, faith leaders and the Northampton Rights and Equality Council, which support the Black and Ethnic minority communities and consider how a more collaborative and mutually accountable working relationship could be developed to improve outcomes for victims and witnesses in the future. •There are examples of excellent police engagement with BME communities. This needs to be scaled up and mainstreamed across the county. To achieve this, greater priority should be given to comprehensive diversity, race and cultural awareness training for all police staff. Roads Victims •The understanding of victimisation in respect of serious road collisions and particularly road deaths should be broadened to encompass a greater breadth of family members and others directly impacted. •Specialist victim support services should be commissioned to enhance the support available to those impacted by road deaths, with a particular recognition of the need for support over the long-term, and beyond the period when the case is active in respect of both criminal or Coroner’s courts. •Support services should be extended to those who have witnessed serious and fatal collisions, recognising the need both for support through related court process and for support in respect of the emotional and other trauma involved. •The police should review the role of the family liaison officer. These police officers are highly praised by many victims and clearly do a committed job, but there are sometimes ambiguities between a role as supporter of the investigation and a role as supporter of the victim, and options may be considered in terms of greater recognition, support and training for those who undertake the role. Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 •The engagement of victims of serious road collisions and those bereaved in respect of road deaths was quite limited in respect of this Victims’ Voice project. Specific engagement should be undertaken with people who have been victimised as a result of road deaths and serious road collisions, to better understand their experience in detail and to help design services that better meet their needs Young Victims •A new child victim and witness programme should be developed, to create services designed around the specific needs of younger victims. •The criminal justice system as a whole has a history of tending to see young people as a problem, as criminals and perpetrators of anti-social behaviour. The reality is many young people are victims, and most young people make a positive impact in their local communities. Consideration should be given by all criminal justice agencies to training and development programmes that change this thinking in respect of young people, and also to improve officer and staff training in how to engage positively with young people, helping to see the world through their eyes. Young people should be positively engaged in developing these new models of training. •Large-scale work to build the confidence of young people in the police and criminal justice system should be undertaken, to raise the confidence of young people to report crimes. Young people should be directly engaged in the development and delivery of this. •Support services for victims should be better advertised to young people, who often have very low awareness, including consideration of options such as use of social media. •Consideration should be given by the police as to whether there are alternative models that young people could use to report crime, as traditional ways of reporting (by telephone or, at police station front counters) may put many young people off. Many young people would look for online reporting as an option. •Restorative practices should be developed in schools to help combat bullying and build positive models for conflict resolution, often long before a formal crime is committed. •Options for the mentoring of young people should be further enhanced across the county. Service Experience – Police •The Police and Crime Commissioner should consider undertaking a scrutiny of the use of Community Resolutions, where the police deal informally with offenders rather than taking them to court. Some victims questions how thoroughly aspects of the resolutions are carried out. •The police need to explore how to shift culture to be more strongly victimfocused, empathic, considerate of victims circumstances and needs, and more appreciative of the perspective of victims. •Some of the issues identified reflect a concern at the quality of supervision available to front-line officers in dealing with cases. The police should develop models for delivering consistently high quality supervision. •The police should improve the provision of regular, accurate and well explained updates in a method that is preferred by and agreed with the victim. •The 101 number automatic call answering service currently provides options for callers to choose from. At present none of these options offer ‘report a crime or incident’. This should be changed to present as it is the first option, the reporting of crime. Service Experience – Courts and Crown Prosecution Service •The Crown Prosecution Service and police should put arrangements in place to ensure that victim impact statements are presented at court. •Magistrates and judges should consider how they might provide more detailed explanations in court about sentences given. This would address the concern of many victims and witnesses and members of the public who do not understand the sentence given and may not feel that it is proportionate to the crime. •The practice of double listing trials in courts leads to huge disappointment, inconvenience and sometimes financial hardship for victims and witnesses. While some degree of double listing is inevitable to deliver an efficient courts system, this should be kept to the absolute minimum and take full account of the likely impact on vulnerable victims and witnesses. •The courts should consider greater use of video links to reduce unnecessary delays and adjournments, and consider a widening of the usage for vulnerable victims. •Further progress needs to be made to ensure the guaranteed separation of areas for victims, witnesses, and defendants in court buildings. •Arrangements need to be in place to provide special measures required by victims and witnesses in court which allow the arrangements to be made in good time before the proceedings commence and for victims and witnesses to be assured that the agreed measures will reliably be available on the day. •Provision needs to be available for victims or witnesses who haven’t previously identified a need for support and who then identify needs and requirements for support and guidance on the day of court. | 97 98 | Summary of Recommendations •The Crown Prosecution Service should consider how victims are engaged with the prosecution team prior to court and throughout the hearing. Often victims talk of the offender beingclearly on very familiar terms with their defence team, but the victim only getting to meet the team who is prosecuting their case for the first time on the morning of the hearing. •Magistrates should consider ways to further strengthen links with all communities and further enhance their understanding of the experiences of victims. This could be facilitated by a programme of visits to different communities across the areas in which their courts operate using a similar model as used by the Business in the Community programme. •Options should be considered for creating a single point for complaint and service resolution across the criminal justice system. Service Experience – Support Services •A new victim and witness service should be built and delivered that; a) provides a quality, single point of contact to the entire criminal justice process, designed around victims’ and witnesses’ needs, accessible to all, offering information, updates on case progression and court processes, liaison and care for witnesses going through court, and provides support services for as long as needed; b) works closely with the Police and Crime Commission to deliver quality commissioning of specialist services, for example for victims of ASB, domestic violence and serious or sensitive cases, such as victims of road collisions and fatalities; c) commits to continuously listening and hearing from victims and witnesses, championing their needs and providing feedback to organisations and agencies in the criminal justice system and beyond where appropriate. •Consideration should be given of how both general and specialist victim support services can be made more accessible to people who have chosen not to formally report their crime but who still require support. •Building on the information received during the Victims’ Voice consultation, the Police and Crime Commissioner should further review existing specialist services for victims and witnesses, and develop a strategic plan for future service delivery. •Across the provision of specialist services, the training, management and support of volunteers could be strengthened. This should be considered by the Police and Crime Commissioner as he develops new option for an integrated model of volunteer management across criminal justice and community safety. •Options should be explored of whether a ‘cashless voucher’ system could be developed and piloted for victims of crime, to allow them grater personal choice and flexibility in accessing services how and when they feel best meets their needs. Restorative Practices •Northamptonshire should be established as a ‘Restorative Practice County’. This should entail a large-scale increase in the use of restorative justice, which will require financial resources to found from a range of agency budgets. •Subject to successful evaluation, the restorative practice pilots across the county should be replicated in other areas of the county. •The use of restorative practice as a means of early conflict resolution should be considered in a wide range of contexts, including schools, partly as a means of avoiding some crimes arising in the first place. •Restorative options should be seriously considered as a component of sentencing for all offences, where the victim wishes this to be the case and has been engaged and able to make an informed decision in terms of wishing to participate. •An expansive programme of training should be undertaken to develop skills and understanding in respect of restorative practice, to increase the availability of restorative options to all victims who desire them. •The new Police, Crime and Justice Institute, once established, should function as a ‘local evidence hub’ for restorative practice, to support the development of quality practice to support victims. Working Together •The Police and Crime Commissioner should work to set the strategic direction and consolidate and strengthen commissioning of victims services, to improve outcomes for victims and provide enhanced qualities of service to them. Bringing it all Together •There are examples of excellent practice in working with victims and witnesses across the county. This needs to be celebrated and encouraged. An annual award for best practice in meeting victim’s needs would be an effective way to celebrate and champion this work. •The National Victims’ Code of Practice is going to become a statutory obligation and should be embraced and implemented locally. Currently this is about policing and should be considered for implementation across the agencies of the criminal justice system. •A pilot is already being developed for a Northamptonshire Victim’s Contract, setting out in straightforward terms the service that victim and witnesses should expect across the criminal justice system, and this work should be further developed. •There is a need to enhance the training available to officers and staff across the criminal justice system, in particular to increase understanding and empathy with victims and witnesses, and also Victims’ Voice Report of the Northamptonshire Victims’ Commissioner September 2013 to develop skills to better engage with victims and meet their needs. •The Police and Crime Commissioner should lead on a rural crime prevention campaign, to prioritise the victims of rural crime and ensure they are better protected from repeat offenders. •The Police and Crime Commissioner should undertake a review of performance targets across the criminal justice system, to identify ways in which they could become more focused on meeting the needs of victims and improving outcomes for them. •Digital communication and social media should be enhanced to improve information available for victims. •Northamptonshire Police should dedicate a key area of their website for victims and witnesses so that information is easy to find, and so that victims and witnesses know they are at the heart of services. –a process to get regular feedback in respect of victims and witnesses experiences of the courts. •A programme of activities building on the creative workshops undertaken in Victims’ Voice should be developed to allow young people to help design and improve services across the criminal justice system, with a particular focus on meeting the needs of young victims. •The Police and Crime Commissioner should undertake a review of how well the needs of diverse communities are met across the county. This will include a focus on how older people’s, people of faith and people from different cultures and backgrounds needs are met, and how they have opportunity to shape and improve the services to meet their needs. The Police and Crime Commission’s Office for Faith-Based and Community Initiatives should play a key role in this. Just a Start for Engaging with Victims… •The Police and Crime Commission is establishing a new Police, Crime and Justice Institute hosted at Northampton University to focus on increasing the knowledge of victim needs and evidence-based practice to better meet those needs. Once established, the Institute should further develop the following work; –a programme of research to engage victims to help ‘see things through their eyes’, building on the two research projects (with adult victims of violence and young people as victims) already undertaken in partnership between Northamptonshire Police and Northampton University. –new approaches to seeking feedback on services provided by the police, and will broaden current feedback received from victims that focus on specific crimes types and only on adult victims. | 99 100 | Acknowledgements Acknowledgements We would like to thank victims and witnesses who shared their stories with us. Thank you for your open and honest, and at times frank descriptions of your experiences, that we appreciate were difficult for you at times. Without you Victims’ Voice would not have been possible. Secondly we would like to thank staff and volunteers within and around criminal justice agencies and support organisations working with victims and witnesses for giving your views and experiences through surveys and attending roundtable events. Thirdly thank you to all the organisations working with victims and witnesses, and community groups, and community leaders for your contribution in assisting us in promoting Victims’ Voice, in accessing victims and witnesses and also helping with the organisation of this work. Several staff and volunteers within organisations and departments went over and above their duties to help us in this work, we would particularly like to thank; Anti-social behaviour units across Northamptonshire East Midlands Group Crown Prosecution Service East Northamptonshire Council and Community Safety Partnership C2C Connexions Northamptonshire Corby Borough Council and Community Safety Partnership Daventry District Council and Daventry and South Northamptonshire Community Safety Partnership Eric Montgomerie Federation of Small Businesses Groundwork Kettering Borough Council and Community Safety Partnership Neighbourhood Watch Nene Valley Christian Family Refuge Northamptonshire Association of Youth Clubs Northampton Borough Council and Community Safety Partnership Northamptonshire Children and Young People’s Partnership Northamptonshire Chamber of Commerce Northamptonshire Fire and Rescue Service Northamptonshire Independent Advisory Group Northamptonshire Police – with particular thanks to staff in the audio and copy typing team, community engagement officers, hate crime unit, high tech crime team, research officers, road collision unit, witness care unit Northamptonshire Probation Service Northamptonshire Rights and Equality Council Northamptonshire Sunflower Centre Northampton Volunteering Centre Northampton Women’s Aid Northamptonshire Youth Offending Service MENCAP Rape and Incest Crisis Centre Serenity (SARC) Service Six Sunflower Centre University of Northampton Victim Support – including Witness Service Wellingborough Borough Council Wellingborough & East Northamptonshire Women’s Aid Wellingborough Homes More information from www.northantpcc.org.uk Design: www.paulmartinassociates.com Published by The Northamptonshire Police and Crime Commissioner September 2013