« Previous | Contents | Next »
Listen
Questions about the Victim Notification Scheme
The information on the following pages may help to answer some of the questions you have about joining the Victim Notification Scheme. Remember that you if you want to speak to someone about this booklet or need help to decide whether to join the VNS, you can contact Victim Support Scotland. Their contact details can be found here.
How do I join the Victim Notification Scheme?
You will have been sent a form with this guidance. If you wish to join please complete the form and send it to the Victim Notification Scheme Unit of the Scottish Prison Service. The address is given on the form and can also be found here.
Once the Unit receive your application form, they will write out to you advising you of the information which you will be eligible to receive under the scheme. They will provide you with a unique VNS reference number; please remember to quote this number on all further correspondence with them.
It is helpful if you provide as much information as possible about how you can be contacted. That way it will be easier for the Victim Notification Scheme Unit to get in touch with you quickly if necessary. This information will be maintained in the strictest confidence by them.
Please also remember to tell the Victim Notification Scheme Unit if you change your address and still want to receive information. A change of address form is provided for you; however you can also contact the Unit by letter, telephone or e-mail. Contact details for the Victim Notification Scheme Unit can be found here. Please remember to quote your unique VNS reference number.
Do I have to take part in the Victim Notification Scheme?
No, it is entirely your choice whether you wish to receive information about the offender.
What happens if I choose not to opt in to the scheme and do nothing?
You will not be sent any further letters or forms and you will not be sent any information about the offender. You will not be given the chance to send written comments to the Parole Board.
What if I change my mind?
Some people find it difficult to make a decision about joining the VNS so soon after the end of the court case. If you decide at first not to take part, and then later change your mind, you can still send the form to the Victim Notification Scheme Unit at the Scottish Prison Service, or contact them at any time (contact details are supplied at page 26). You can be included in the scheme at any time until the offender reaches the point in the sentence where he has been released. However, the later you leave it to join, the more possibility there is that the offender may have been considered for release or may even have been released. It will then not normally be possible for you to take part in the scheme. However, if the offender is later recalled to custody it may be possible for you, in exceptional cases, to join the scheme at that point.
If you have joined the VNS and later decide you do not want to be given any more information about the offender, you can withdraw from it at any time. A withdrawal form is provided for you; however you can also contact the Victim Notification Scheme Unit by letter, telephone or email. Contact details can be found here. Please remember to quote your unique VNS reference number.
What if the victim has died?
If the victim has died, up to 4 near relatives can take part in the scheme. A full list of the relatives and how this works can be found here.
Does the offender know that I have registered with the VNS?
The Victim Notification Scheme Unit will not tell the offender that you are on the scheme, but if you opt into Part 2 of the VNS, and make written comments, you may reveal information from which the offender can deduce that you are a member of the VNS. For example, if you ask that the offender is excluded from entering a particular street it might be obvious who wanted the condition put in place.
When will I receive the information?
Page 11 sets out the timescales for receiving information under the VNS in the " What information you can receive" section.
How will I receive the information about the offender?
You will be informed by letter sent from the Victim Notification Scheme Unit. If you have opted to receive information under part 2 of the scheme, you will be informed by a letter from Victims, Witnesses, Parole and Life Sentence Review Division, the Parole Board or the Scottish Prison Service (in the case of HDC).
When can I send written comments to the Parole Board?
Victims, Witnesses, Parole and Life Sentence Review Division or VWPLSRD staff co-ordinate all of the relevant information about the offender some months before the earliest possible date of release of the offender. If you have opted to join part 2 of the scheme you will be sent a letter at that stage enclosing guidance and a form for making your comments. At this point, if the offender is eligible to be considered to be released on HDC, you will be asked if you wish your comments to be sent on to the Scottish Prison Service for consideration by the relevant Prison Governor. The letter will also tell you where to send your comments and when you should send them by so that they can be included in the case papers to be considered by the Parole Board or Scottish Ministers and the Scottish Prison Service (if relevant). It is very important that you meet this deadline.
If you are unable to write, or unable to write in English, you can ask someone else to help write down what you want to say.
If you are unable to write because of a mental disorder or physical inability to communicate, your right to join the VNS and to make written comments can be transferred to your next nearest relative. A list of those relatives can be found here.
Will the offender see what I write to the Parole Board?
Yes. The offender will not be told that you have joined the Victim Notification Scheme. But the offender is entitled to see any representations you make to the Parole Board or Scottish Ministers when they are considering a case for parole/licence conditions. Every effort to maintain your anonymity will be made, but you should not record any personal details such as your address or your contact details within the comments section of the form.
Will anyone else see what I have written to the Parole Board?
The VWPLSRD officials who co-ordinate the submission of representations/determine the licence conditions of short-term sex offenders, the Parole Board Executive's staff (for cases considered by the Parole Board), and, as appropriate, the members of the Parole Board, may all see what you have written. If the offender has a solicitor then (s)he will also see it.
If you indicate that you wish your written comments to be considered by the relevant Prison Governor, in relation to consideration of an offender's application for release on HDC, the Scottish Prison Service members of staff who deal with the VNS and HDC will see what you have written.
You should also be aware that a decision not to release on HDC can be subject to legal challenge from the offender and that in these circumstances your submissions may be seen by him/her.
Do I have to send written comments?
No. If you have opted in to part 2 the VNS, you must be given the chance to send your comments, but you do not have to send any. Even if you decide not to send a written comment, you will still receive information about what the Parole Board, Scottish Ministers or the Scottish Prison Service has decided, as appropriate.
What will the Parole Board or Scottish Ministers do with the information I send?
The information you send will form part of the offender's case papers which the Parole Board or Scottish Ministers have to consider. They look at a wide range of information, for example a report from the trial judge about the offence, the offender's behaviour while in prison, the offending history, the family and social background, what the offender plans to do on release, and whether (s)he has taken any steps to address issues or problems (e.g. drugs, alcohol, anger management) that may have contributed to the offending behaviour. They will also have access to things like reports from social workers and prison staff about his/her behaviour while in prison. The offender also has a chance to say why parole should be granted. The Parole Board (or Scottish Ministers) will decide how much weight will be given to the information you send, along with all the other information available, and will then decide whether the offender can be released/what licence conditions should be included in the particular offender's release licence.
Will I be told if the offender is to be released?
Yes. If the Parole Board has recommended that the offender be released prior to the two-thirds stage, its staff will write to you and will tell you the date of release. You will be informed by the Scottish Prison Service if the offender in your case is to be released on HDC and when this will be.
If the offender is being released after serving two-thirds of the sentence, the SPS will write to you with the actual date of release. In the cases of short-term sex offenders and short-term extended sentence offenders, officials in VWPLSRD (on behalf of the Scottish Ministers) will confirm this date with you and any licence conditions which affect you or your family. These offenders are usually released automatically at the halfway point of their sentence.
When the Parole Board directs the release of a life sentence prisoner, the offender is released more or less as soon as the decision has been made. The Parole Board will tell you about the decision as soon as possible after that.
What if the Parole Board does not release the offender?
If the Parole Board does not recommend release of the offender but the case is going to be reviewed further, the Parole Board will write to you about its decision. Victims, Witnesses, Parole and Life Sentence Review Division or VWPLSRD will give you another opportunity to make written comments about the offender's release and will give you a date for sending your comments.
If the offender is released what conditions will be attached?
The Parole Board is responsible for setting licence conditions in all cases except those of short-term sex offenders where VWPLSRD on behalf of Scottish Ministers will carry out this role. There are some general conditions that are likely to apply to every offender released on licence and these are: to report promptly to the supervising social worker; to co-operate with the supervising social worker; and to tell the supervising social worker if (s)he changes address, starts a new job or changes or loses a job. The Parole Board or Scottish Ministers, as appropriate, may impose case-specific conditions, with the aim of assisting the offender on his/her return to the community, to ensure his/her good behaviour and for the safety of the public. These conditions can be things like a requirement to live at a specified address or to undertake counselling on drugs, alcohol or anger management.
Will I be told what the conditions are?
If the Parole Board or Scottish Ministers set conditions which relate to you or your family, as the victim(s) of the crime, they tell you what they are in writing. If the offender is to be released on HDC, then the SPS will tell you what these conditions are if they directly affect you.
If the licence conditions are amended, you will be advised by the Parole Board or Scottish Ministers of any changes that affect you.
What if the offender breaches the terms of his release licence?
If an offender breaches the terms of the release licence, he/she is liable to be recalled to custody (by Scottish Ministers or the Parole Board), possibly for the remainder of the sentence. If the offender has been recalled to custody, the SPS will tell you that (s)he is physically returned to prison. If he or she is a young offender who has been returned to a secure unit, VWPLSRD will advise you of this.
When can I make written comments if the offender has been recalled to prison?
Following a recalled offender's return to prison or a secure unit, the case will, in accordance with current legislation, be referred to the Parole Board to consider his/her suitability for re-release into the community. The offender is given the opportunity to make written representations to the Parole Board about this. You will also be contacted at this stage by Victims, Witnesses, Parole and Life Sentence Review Division to ask if you want to make comments to the Parole Board and giving you a date for submission.
Will I be told the outcome of the Parole Board review?
Yes. You will be advised whether or not the offender is to be re-released. You will also be told if there are any conditions in the release licence that affect you or your family.
What happens if the offender is not re-released?
Depending on the time left to run on the offender's sentence, it is possible that (s)he may have a further review by the Parole Board to see if (s)he can be re-released. If there is a further review, VWPLSRD will write to you before that review giving you a further chance to send written comments to the Parole Board. If there is no further review, the Scottish Prison Service will inform you of the release date.
How can I find out more information about the Scottish Criminal Justice System?
More information on how the Criminal Justice System works in Scotland can be found at www.scottishvictimsofcrime.co.uk
What support is available for me?
Information on support organisations is available at www.scottishvictimsofcrime.co.uk
« Previous | Contents | Next »