Victim Personal Statements – Officer Guidance

What is a Victim Personal Statement (VPS)

A VPS is a written or video recorded statement that gives victims of crime an opportunity to tell criminal justice agencies and the courts about how a crime has affected their lives.

Whilst the VPS should not contain an account of the crime it is still an ‘evidential’ statement made under section 9 of the Criminal Justice Act 1967. As such the statement is shared with the defence if the case goes to court and the victim can be cross-examined about its contents.

Reading out the VPS in Court

Victims are entitled under the Code of Practice for Victims of Crime 2013 (Victims’ Code) to ask the court for permission to personally read out their VPS in court following the defendant being found guilty. They can also request for the prosecutor to read it out on their behalf. Victims are under no obligation to read out their statement and it will still be considered by the court if they choose not to.

What should be included in a VPS?

The content of a VPS will vary depending on the nature of the offence and the victim’s own circumstances but matters that might be appropriate include:

• any physical, financial, emotional or psychological injury they have suffered and/or any treatment they may have received as a result of the crime

• if they feel vulnerable or intimidated

• if they no longer feel safe

• the impact on their family

• how their quality of life has changed on a day-to-day basis

• if they need additional support, for example because they are likely to appear as a witness at the trial

The victim’s opinion on the level of sentence they believe the offender should receive will not be admissible as part of the proceedings and should not be included in the VPS.

Unsubstantiated accusations made against the offender would also be likely to be deemed inadmissible by the court.

What you need to do

Initial Actions

1)Offer the victim a chance to provide a VPS at the time they provide their evidential statement/video interview (victims eligible for an enhanced service under the Victims’ Code can make a VPS regardless of whether they provide an evidential statement). If it isn’t appropriate to take the VPS at that time then arrangements should be made to take it prior to any court proceedings.

2)Explain to the victim:

  • that they can ask to read out their VPS in court or have the prosecutor do so on their behalf if the defendant is convicted;
  • that their VPS does not have to be read aloud if they do not want it to be. It should also be explained to the victim that they can change their mind and choose not to have their VPS read aloud;
  • that the victim may be questioned on their VPS in court, even if it is not read out, for instance if the defence wish to clarify or challenge particular aspects;
  • the risk to the victim’s privacy by all or part of their VPS being read in open court;
  • that the contents of the VPS may be reported by the media;
  • that ultimately it is a matter of judicial discretion as to whether the statement is read out in court (and by whom) or played (where recorded) in full or in part;
  • that the victim may receive limited notice of the need to attend court and read their VPS, particularly in guilty plea cases.

3)Take the VPS by ruling off at the end of their evidential statement and writing the caption, ‘The Victim Personal Statement Scheme has been explained to me and the following is what I wish to say in regards to this matter.’ Alternatively the VPS can be written as a separate statement or video recorded.

4)Ask the victim if they would like to read their VPS in court or if they would like the prosecutor to read it out on their behalf.

Pre-charge

1)If you are obtaining pre-charge advice the MG3 should include:

  • whether the victim has made a VPS or intends to, and
  • whether they wish to read out their VPS or have the prosecutor do so on their behalf.

2)A copy of the VPS should be sent to CPS when pre-charge advice is sought.

Post-charge

1)If a charge is authorised, and the victim wishes to read out their VPS, you should advise the victim on the likelihood of the case being finalised at the 1st hearing so that they can decide if they want to attend.

The CPS will provide advice to relay to the victim on the MG3A if they have authorised the charge.

The likelihood of the case being finalised at the first hearing will depend on:

  • whether the suspect is likely to plead guilty and
  • whether the case is likely to be adjourned for any pre-sentence reports.

You do not need to tell the victim whether to attend or not– just provide the best information so that they can make an informed decision. The victim will not need to attend the first hearing at Magistrates’ Court if it is an indictable only offence.

2)Submit an MG6 with the 1st hearing file (even if there is an MG3) detailing:

  1. whether the victim has made a VPS,
  2. whether they wish to read out their VPS or have the prosecutor do so,
  3. whether they intend to go to the 1st hearing.

3)If the victim intends to go to the 1st hearing, email the court based Witness Service with the following information:

  • the date and time of the hearing,
  • the victim’s name and telephone number,
  • any special requirements they may have – such as mobility issues.

The court based Witness Service have volunteers at the court who will show the victim where to go and offer support. The service is run by Citizens Advice. Your Witness Care Unit or CJ department should be able to provide the relevant email addresses.