Northern Ireland victims of crime ‘left behind other jurisdictions’ on voice in court
Victims of crime in Northern Ireland should have the same rights as those in England and Wales and south of the border when it comes to having a voice in court, a new report has recommended.
The report, published by the commissioner designate for victims of crime in Northern Ireland, urges the justice minister to make it possible for victims to read out their victim personal statement (VPS) if they wish to.
Titled Victim Personal Statements – Policy vs Practice, the report also includes recommendations on improving communications with victims about their entitlement to make a VPS, the introduction of a quality assurance mechanism and refresher training for all agencies involved.
A VPS is a formal opportunity for a victim to state in their own words how a crime has affected or continues to affect them and is usually used after a defendant pleads or is found guilty and before sentencing.
Victims of crime in Northern Ireland are not entitled to read out their statement in open court. Only a judge can read out a VPS, but this is entirely at their own discretion and they are not required to do so. They can choose to include none, all or part of a VPS in their sentencing remarks, which can be published or reported on by the media.
By contrast, victims of crime in England and Wales and Ireland are currently given the opportunity to read out their statements in court.
Geraldine Hanna, the commissioner designate for victims of crime, said: “So many victims have told me about how they feel like a bystander in their own criminal justice journey — how they have no agency or control over the process.
“Giving victims the opportunity to read out their victim personal statement in court, if they want to, is a powerful way for victims to have their voice heard and reclaim some of their agency.
“It’s great that victims are entitled to make these statements, now I want to see action taken to see them used as effectively as possible.”
She added: “There is a particular issue in the Magistrates’ Court where conviction and sentencing are often so close together that there isn’t time to take into consideration victim personal statements.
“That’s why I’m calling on the minister and officials in her department to act to improve this process as a matter of urgency.”
Failing to “act quickly to make this happen” while leave victims of crime in Northern Ireland “behind their counterparts in those other jurisdictions”, she said.
Welcoming the report, justice minister Naomi Long said: “It is essential that we put victims and their needs at the heart of our justice system. Not only do we need to listen to victims, but we also need to hear what they are saying.
“It is incumbent on all criminal justice partners to alleviate the stress already on victims and to make the justice journey as easy as possible.
“I very much welcome the report by the victims’ commissioner designate and I agree that we need greater clarity about how victim personal statements are used.
“Through my own engagements with victims I am aware that while victim personal statements can provide a unique opportunity for victims to feel involved and participate in the court process, this is not the case for everyone.
“I will urgently seek to engage with criminal justice partners and the Lady Chief Justice about the findings in the report and consider what can be done either through legislation or guidance to afford victims more clarity.”