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Home » Professionals » Legal Guidance » V to Z » Victim Focus Scheme

Victim Focus Scheme
Guidance On Enhanced CPS Service For Bereaved Families

Last updated: 26 September 2007

Summary of the Victim Focus scheme

1. The Victim Focus scheme was announced by the then Attorney General, Lord Goldsmith, in June 2007. Under the new scheme prosecutors will offer to meet bereaved families [Note: The term 'family' includes relatives and partners (including single sex partners).] in homicide cases after charge in order to explain processes and procedures, including the making of a victim personal statement.

2. This guidance is intended to set out the parameters of the scheme and provides details on how it should be operated.

3.The categories of offence included in the scheme ("qualifying offences") are:

  • murder;
  • manslaughter;
  • corporate manslaughter
  • familial homicide;
  • causing death by dangerous driving;
  • causing death by careless driving while unfit through drink or drugs;
  • aggravated vehicle taking where death is caused (where case is heard in the Crown Court).

Further guidance on the applicability of the pilot to new offences of causing death by careless or inconsiderate driving and causing death by driving by unlicensed, disqualified or uninsured drivers will be issued when the provisions of the Road Safety Act 2006 come into force.

NB The above offences must have been committed in England and Wales to qualify for the VF scheme. 

4. The procedures set out below detail the enhanced role and service to victims that the Crown Prosecution Service (CPS) will provide. The procedures are based upon those that have been piloted under the separate Victim Advocate scheme.

5. This guidance sets out a minimum standard of service to families. Areas/Divisions should not feel constrained from doing more if it is necessary to do so having regard to the particular circumstances of the case.

6. Meetings should be offered in all qualifying cases, unless there are very exceptional reasons not to do so it is expected that these will normally relate to issues of security and safety. In such cases, the decision not to offer a meeting must be made by the CCP and the reasons for doing so endorsed clearly on the file.

7. In all charges as outlined above, a Family Liaison Officer (FLO) will be appointed from the outset. The FLO will normally be responsible for communicating prosecution decisions to the family as well as taking any victim personal statement.

8. For the purpose of clarity, the 5 Areas involved in piloting the Victim Advocate scheme will continue to operate the processes under that scheme for offences of murder, manslaughter, familial homicide and corporate manslaughter only. They will operate the Victim Focus scheme for the Road Traffic Act offences.

Meeting with the family to explain processes and procedures

9. At an appropriate time after charge (see para 11 below), the CPS will write to the family via the FLO offering a meeting and enclosing a leaflet explaining the Victim Focus scheme. A form VFS 1 (copy at Annex A) should also be enclosed with the letter. [Note: If possible the documentation should be emailed to the FLO as well.]

10. The FLO will provide the family with the leaflet and will outline the VF scheme to the appropriate family member, explaining the contents of the leaflet which will also contain an explanation of the CPS role. The family may provide an indication to the FLO at this stage as to whether they wish to meet the prosecutor. The FLO will ask the appropriate family member to sign the VFS 1 form indicating their willingness to meet the prosecutor. The VFS 1 will then be forwarded to the appropriate CPS prosecutor.

11. Where the family does not wish to meet the prosecutor, the FLO will indicate the reasons on the form and return it as normal to the prosecutor. An initial refusal does not preclude the family from requesting a meeting at a later stage.

12. The exact timing of the meeting will vary from case to case. Ideally it will take place after service of the case and before the PCMH. The prosecutor should have had an opportunity to review the full file so that he/she fully understands the case before the meeting takes place.

13. Notwithstanding the need to be familiar with the facts of the case, undue delay should be avoided, as one of the purposes of the meeting is to deal with concerns that the family has about the process and instil confidence in the family that the prosecutor is in charge of the case and is dealing with it in a competent and professional manner.

14. While the meeting will normally take place post charge, it may take place before charge in cases where the suspect is on bail pending a charging decision being reached. For example, if a meeting is being held to explain a prosecution decision then it may be desirable to explain the next steps in the process at that stage if it is practicable and appropriate to do so.

15.Where families request a further meeting, such a meeting should normally be held, unless there are good grounds to refuse.

Deaths in custody cases 

16. The current enhanced pre-charge procedures for holding meetings in death in custody cases should continue to be followed, but prosecutors should comply with the Victim Focus scheme in cases where a qualifying charge is brought.

Purpose of the meeting

17. At the meeting the prosecutor (normally the reviewing lawyer) will explain to the family the role of the CPS and the legal basis of the charges on which the prosecution is proceeding (though see paras 17 and 18 below). The prosecutor will also outline the court process, progress of the case and explain the Victim Personal Statement scheme. The prosecutor should also deal with questions that the family may have.

18. The purpose of the meeting is not to discuss the detail of the evidence in the case and this should be made clear to the family in advance of the meeting in correspondence.

19. However, it must be recognised that families are still likely to ask questions pertaining to evidential or legal issues. Should evidential issues arise, the reviewing lawyer should have regard to risks of prejudicing proceedings when considering how to deal with such issues. Some family members may be witnesses and this may substantially limit even further how much can be said in relation to the evidence.

Explaining the purpose of the victim personal statement

20. Some family members may already have made a victim personal statement before the meeting is held. Others will not have done so. In either case, prosecutors should explain the purpose of the Victim Personal Statement scheme and explain that it is open to family members to make a further VPS closer to the date of trial if they so wish.

21. It is essential that families' expectations about the VPS are not raised unduly, with the effect that the family subsequently feel they have been misled about the purpose of the victim personal statement in the sentencing process. Canadian research [Note: Victims in Canada can choose to read an impact statement to the court. There is no significant research on victim personal statements in England and Wales.] on victim impact statements suggests that victims expect such statements to have an effect on the sentence and are disappointed when it appears they have not.

22. Under the Victim Personal Statement scheme, the Practice Direction states that the court must pass what it judges to be the appropriate sentence having regard to the circumstances of the offence and of the offender (key principles are the seriousness of the offence and the culpability of the offender having regard to foreseeable consequences). The court should take into account, so far as it considers it appropriate, the consequences to the victim. The court will not take into account views on sentence. [Note: Practice Direction October 2001.]

23. The effect of an impact statement has subsequently been considered by Lord Justice Judge in relation to the Victim Advocate pilot where a family impact statement may be given. The Family Impact Statement is analogous to a VPS save that the content is limited to the impact of the crime. In the direction provided by Judge LJ, the Family Impact Statement cannot affect the sentence that the Judge may pass and the family will not be able to comment on what they think the sentence should be. However, the Family Impact Statement may help to provide a fuller understanding of the nature and impact of the crime when passing sentence.

24. Prosecutors are advised to adopt a conservative view when advising the family - namely that the VPS is very unlikely to affect the sentence. While this may be unwelcome news to the family it will prevent expectations being unduly raised.

25. Some families may be sceptical about the value of making a VPS at all if it has little or no effect on sentence. However, the Canadian research suggests that impact statements can provide some satisfaction by reducing the anonymity of the victim in the process as well as exposing the full effect of the crime, which may otherwise go un-noticed.

26. The fact that the VPS will be disclosed to the defence should be made very clear. Some victims will not want the defendant to know the effect the alleged crime has had upon them. Others take the view that an impact statement permits the victim to confront the offender with the consequences of his/her actions in a relatively safe environment.

27. Multiple victim personal statements should generally be avoided if possible. A means of doing this that has operated successfully in the Victim Advocate pilots is for one family member formally to adopt a composite VPS that refers to the impact on other family members. Areas should establish with the local judiciary as to whether this approach is acceptable. In split families however, the taking of separate VPS should be encouraged and separate meetings with the CPS prosecutor may need to be held.

Arranging the meeting and other practical issues

28. In arranging the meeting, the prosecutor should liaise with the SIO and/or FLO. The FLO will be able to provide useful information in relation to the attitude of the family, whether there has been a funeral and any questions that may be anticipated. Enquiries should be made of the FLO as to whether an interpreter is required. It is for the CPS to arrange the attendance of the interpreter. In all FLO deployments the FLO will be tasked to carry out research into the appropriate family member before their deployment into the family.

29. On occasion a Family Liaison Officer may not have been appointed or may have been withdrawn from the family. In such cases, before considering whether to offer a meeting, the prosecutor must liaise closely with the SIO to establish the reasons why there is no FLO and whether it is safe for a meeting to be held. In considering matters of security the prosecutor is entitled to consider the reason why a FLO has not been appointed or has been withdrawn and whether any issues of security can be adequately addressed through other measures, such as holding the meeting at a police station. In any event, if it is decided that the meeting can be held, the family must agree to a police presence at the meeting. If it is decided not to offer a meeting, the family should be informed of the fact and that they are still entitled to make a VPS to the police.

30. Good liaison with the FLO in advance will assist in preparation and will reduce any potential risks.

31. A police officer (normally the FLO) should attend the meeting. In some cases, it may also be helpful to have the SIO present at the meeting, for the purposes of continuity for the family as well as for dealing with questions that the reviewing lawyer is not in a position to answer.

32. Depending on the nature of the case it may be prudent to ensure that two prosecutors attend the meeting, preferably the reviewing lawyer and his/her manager. A manager should attend in any event if the reviewing prosecutor so requests.

33. In some cases it may be necessary to offer more than one meeting (and more than one VPS may have to be made) this will normally be the case where a defendant is charged with more than one qualifying offence but it may also be necessary where there is a single victim, for example, where a child has died and the parents are estranged. However, in cases with a single victim it should normally be possible to hold one meeting with one nominated family member.

34. Often it will only be necessary for the nominated family member to attend the meeting with the prosecutor. However, there will be occasions when other family members ask to be present at the meeting. In these circumstances a full risk assessment must be carried out by the FLO to assess the potential risk. The number of family members attending a meeting should normally not exceed four, although the exact number will depend on the circumstances of the individual case.

35. The names of the proposed attendees should be obtained in advance and the nature of their relationship to the victim should be established in advance of the meeting. There is always a risk that a proposed attendee may be a witness in the case; this need not preclude their attendance but it may limit what can be said.

36. Supporters may attend, in that capacity only. The prosecutor has discretion to exclude any person from the meeting if, in all the circumstances, he/she deems it appropriate to do so.

37. In multiple homicide cases such as terrorist attacks or rail crashes, the same principles hold true. The prosecutor should liaise with his/her CCP, Sector Director or Head of Division and work with the Senior Investigation Officer, (SIO) the Senior Identification Manager (SIM) and the Family Liaison Coordinators, (FLCs) to resolve the practical challenges of holding meetings with large numbers of families.

38. Where a family lives a considerable distance from the CPS office, or it is otherwise difficult for them to travel, prosecutors should consider holding the meeting at a location in England and Wales that is more convenient to the family. This may be at a local CPS office or police station. Meetings at the family home should be avoided but are not excluded where other arrangements are impracticable. However, prosecutors should be satisfied that it is a safe environment that has been risk assessed by the FLO.

39. One sensible means of avoiding unnecessary travel is to arrange a meeting on the same day as the court familiarisation visit arranged by the witness service. This can be particularly helpful in cases where the family reside abroad and may be limited to travelling only once before the trial commences.

40. Meetings are normally restricted to locations in England and Wales. However, where, having regard to resources and time it is reasonable and practicable to travel to a meeting outside England and Wales, an FLO has been appointed and travel has been approved by the SIO and the CCP/Sector Director/Head of Division, then such travel may take place.

41. The Direct Communication with Victims manual provides considerable guidance on setting up and holding meetings with victims, including health and safety issues.

42. Experience from the Victim Advocate pilots has shown that it can be beneficial for the allocated caseworker to attend the meeting, in order to be introduced to the family and to assist in establishing a working rapport, given that the caseworker is likely to have the most regular contact with the family members at court.

43. A contemporaneous note of the meeting should be taken. Any note of the meeting may be disclosable.

44. If the family have additional information or queries about the investigation this should be dealt with at the meeting. If this is not possible, it should be noted and referred to the SIO.

The CPS role in reviewing the victim personal statement

45. The prosecutor must not be involved in drafting any VPS. However he/she should advise the FLO to ensure that the VPS:

  • sets out the impact of the events on the family and, if appropriate, its individual members;
  • does not contain any evidential material which should properly be put before the court in another form;
  • does not contain any opinion or statement as to the type or level of sentence that should be passed;
  • does not refer to any matters or issues that would render the statement inadmissible, or can be construed as falling outside the purpose of the VPS scheme, for example statements on matters of public policy, or statements of a political nature.

46. Where the statement contains matters that should properly be dealt with by way of an evidential statement, then the police will be advised that such a statement should be taken and thereafter consideration will be given to tendering such a statement in evidence.

Disclosure

47. The VPS will be served on the defence and the court. The guidance on service of victim personal statements should generally be followed. Therefore, assuming the VPS does not contain anything to be adduced in evidence, it should be accompanied by a covering letter worded to the effect that it is not intended to adduce the contents of the victim personal statement in evidence at trial and it is provided to the court in accordance with the provisions of the Victim Personal Statement scheme.

48. The Attorney Genera'ls Guidelines on Disclosure and the provisions of the Criminal Procedure and Investigations Act 1996 should apply as normal when considering disclosure.

Sentence

49. Where the defendant has been convicted, the prosecutor (normally the trial advocate, but it may be the reviewing prosecutor if circumstances allow) will meet with the family. It is anticipated that this meeting will normally take place at court and immediately after conviction, though this need not always be the case. The purpose of the meeting will be to confirm the content of the VPS. Where amendment to the statement is required, the FLO or other police officer at court will be asked to take a supplementary VPS which will be served on the court and the defence.

50. The prosecutor will also confirm the method of presentation to the court (i.e. handed in to the judge or read out by the trial advocate) and answer any questions that the family member or members may have at this stage in the process.

51. The court receives the finalised VPS before mitigation commences.

Presentation to the court

52. The prosecutor will comply with his or her responsibilities under section B4 of the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise 2005.

53. The prosecutor will also draw to the court's attention any statutory provisions relevant to the offences under consideration; ensure that the court are aware of relevant sentencing guidelines and guideline cases and address the court on any aggravating or mitigating factors of the offence under consideration.

54. In addition to the above factors, the prosecutor may offer further assistance to the court by making submissions as to the appropriate sentencing range.

CPS Policy Directorate

26 September 2007