Victim personal statements in England and Wales: Latest (and last) trends from the Witness and Victim Experience Survey

Abstract

Crime victims and victims' advocates have for many years called for greater input into the criminal process, and in particular at the stage of sentencing. Today, victims in almost all common law countries have the opportunity to participate in the sentencing process, usually by providing information about the impact of the crime. This impact evidence is placed before a sentencing court in the form of a victim impact statement (VIS) or victim personal statement (VPS) as it is known in England and Wales. This article reviews findings from the last few years of data from the Witness and Victim Experience Survey (WAVES) which was conducted by the Ministry of Justice. We review findings from the last administrations of the survey. In the most recent administration of the survey (2009-2010), less than half (43%) of victims recalled being offered a statement. Over the most recent three-year period (2007-2010), a comparable percentage (42%) of the victims recalled being offered the opportunity to make a VPS; almost half (45%) explicitly responded that they had not been given an opportunity to make a VPS. In addition, significant variation emerged across local justice areas. The percentage of victims reporting having been offered a VPS varied from a low of 29 per cent in London to a high of 63 per cent in Northumbria-a range of 34 per cent. These and other findings suggest that the VPS scheme is being inconsistently implemented across the country.

Delivering a Victim Impact Statement: Emotionally effective or counter-productive?

“…In sum, although a central goal of the VIS is to contribute to the victim’s emotional recovery (for example, Edwards, 2001; Roberts and Erez, 2004), empirical evidence about its therapeutic benefits in terms of emotional recovery is lacking (see also Edwards, 2001; Herman, 2003; Parsons and Bergin, 2010; Roberts, 2009; Roberts and Manikis, 2013). In a review paper, Herman (2003: 162) summarizes the lack of empirical knowledge about the effects of victim participation in the criminal justice procedure by arguing that ‘[a] systematic study of the mental health impact of crime victims’ participation, or nonparticipation, in the criminal justice system has yet to be conducted’.…”

Hearing the voices of victims and offenders: the role of emotions in criminal sentencing

“…As things stand, rates of participation vary considerably across the country and victims seem unsure of the purpose of the schemes. 134 This can lead to later problems insofar as victims may feel dissatisfied if their expectations have remained unmet. To this end, a much clearer system of protocols and guidelines for professionals and information sheets for victims themselves could give victims a better picture of what participation does and does not entail and what they can expect from the process.…”

Sentencing remarks as a legal subgenre: 'R v Darren Osborne'

“…Once the events of the offence have been described, there are references to the victims and the impact of the offence upon them. This is not only a usual component of criminal procedure (Roberts & Manikis 2012), but also a way a rhetorical strategy increasing pathos and paving the way to the sentence as a conclusion, especially by emphasizing the positive traits and vulnerability of the direct victims:…”