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What I wish I had known:Personal Thoughts from the Victims’ Commissioner Eight Years On

Introduction2

Introduction

My journey

My name is Baroness Newlove and I am a victim of crime. Over eight years ago my husband, Garry Newlove, was killed outside our home. My three young daughters witnessed the attack and tried to save their father as he lay lifeless on the ground. Our lives changed forever that night; I woke up that morning as a wife and went to bed a widow.

The crime alone was devastating but it did not prepare me for the way my young daughters were treated by the courts and criminal justice system. So

I can truly say that my family and I have learned the hard way that the needs of victims and witnesses are often too easily forgotten.

I hear you and I want to help

You may want to read this information pack when you have a quiet moment. I hope it helps you on your own personal journey as you come face-to-face with the complexities of the criminal justice system at a time in your life when you are emotionally drained, traumatised and may simply be struggling to get through from one day to the next.

This document is not intended to replace any other leaflets or information that you have been given, rather it aims to share my personal experiences of the criminal justice system. I hope it helps to reassure you that you are not alone and that it helps you know what questions to ask.

I know that no two victims are the same. We all have different experiences, lead different lives and try to recover in different ways. You have entitlements as a victim and there are agencies that have a responsibility to help you. You are entitled to be treated with dignity, sensitivity and respect at ALL TIMES and you are entitled to ask questions if you are not sure about anything. The purpose of this information pack is to help you know the questions to ask to get the best out of the services available

and to reassure you that, whatever you are feeling, you do not have to suffer in silence.

Nothing prepares you for dealing with the aftermath of a crime. In addition to having to deal with the impact of the crime on you and your family, you may also find yourself in a system that is entirely new to you – a system of police, courts, ushers, lawyers and judges; this is the criminal justice system (CJS).

The system in reality is very different from what you might see on television or read in crime novels. You may find that you are given lots of information from different agencies in a style of language you are not familiar with. Many agencies may try to support you but, like me, you may find it all confusing and not know who to go to for help.

Recognising that you are victim3

Recognising that you are a victimWhat does ‘victim’ really mean?

Following the immediate shock of the crime – while you are still trying to come to terms with what has happened, you need to recognise that you are a ‘victim’. Some agencies may refer to you as a ‘witness’ to the crime – I know this might be confusing.

On 12 August 2007 our lives changed overnight, and my family became sort of ‘public property’. Everything in the world was carrying on as normal yet, for my family and me, it felt like everything was standing still.

All of a sudden there are lots of processes going on around you (as a victim, it can feel like you are going through the motions but not really processing what has happened). There were lots of different people and agencies who wanted to talk to me and my daughters. You may find you will be asked about what you can remember about the events leading up to the crime, the crime itself and what happened afterwards. I can remember being asked lots of questions, often the same ones, time and time again. I also found that my home seemed to be full of different people and it felt like I had no control over who came into my home or how I planned my day. In addition, the media were very interested in Garry’s murder, and I had no experience in how to respond to them.

Recognising that you are victim4

Looking back, I wish I had known:

You are entitled to see people at a time which is convenient for you. Ask for an appointment to be rearranged if someone wants to come round at a time that does not suit you.

You can discourage professionals from just dropping by. Ask them to contact you before they come to your home and ask about the reason for their visit. You should always know who is coming and what agency they are from.

You can inform people how you would like to be contacted. Some people prefer to be telephoned; others prefer face-to-face contact and some may be happier being contacted by e-mail. It is important that you let agencies know what works best for you and that they try to accommodate your preferences.

You can speak to your Police contact about any potential media interest - they can assist, advise and support you when dealing with media attention.

Understanding the criminal justice system

If you haven’t had any previous experience of the criminal justice system or the agencies that work in it, it can leave you feeling utterly confused about what is happening.

It may sometimes feel as if things are happening around you in a cold and clinical way. I don’t think the problem is that agencies are not telling you what is happening, it is more likely that they tell you in a way and at a time when you simply can’t take it in. I can honestly say that I received countless explanations and leaflets but even now I can’t tell

you which ones I read or what I thought about them. It is unreasonable and unrealistic for agencies to expect victims to take in everything just by giving them a leaflet or explaining things to them only once.

Information is only meaningful if it is given to you in a way in which you can understand it and if you have time to consider it properly. I wish I had known:

You should never feel embarrassed about saying you don’t understand or have forgotten something. Professionals will have offered this information on numerous occasions previously. They have had years of training and experience in the CJS and will not have gained this knowledge by being told information only once or by being handed a leaflet!

If you don’t understand something or see how it fits with information from other agencies, you have the right to

ask the professional to explain it again. If necessary, say you need time to consider information if you are being asked to make a decision.

You can ask for a friend or family member to be present when people are talking to you or accompany you to most appointments. A friend who is less traumatised may recall more than you and help you put it into a wider context. You could even think about asking them to take notes of what you are being told.

Leaflets can be helpful providing they are given in addition and not instead of a proper verbal explanation. Looking back I wish I had kept all the written information I was given so I could read it, if and, when I was ready to do so. You may find it helpful to keep everything you are given in one place if you decide to go back over things at a future date.

When anyone gives you a leaflet or other written information you can also ask them to explain what it is about. This means you are more likely to understand what it says, which will help you formulate any questions.

When reading victim-related information, keep a pen handy so you can write down anything you don’t understand. You can then ask the person who gave it to you to explain anything that is not clear. The chances are, if you don’t fully understand what is being said, other victims won’t either so don’t stay silent.

The court process for victims5

Giving evidence

There is no easy way of saying this but there were some things about the court experience that shocked me to the core. I had previously worked for Her Majesty’s Courts and Tribunals Service and had the utmost respect for the criminal justice system. But sadly, nothing quite prepared me for the anguish I felt for my three young daughters, who had to give evidence.

I can still remember feeling sick and angry when I

heard lawyers and court clerks refer to Garry like he was a ‘case file’ rather than Garry my husband and my daughters’ father. This is not a criticism of any individual person or agency but it is just my recollection of how things felt to us at the time.

What might surprise you as much as it surprised me:Someone may tell you that you are only a witness to the crime and that the prosecutor is acting for the Crown and not for you. This is technically true but it can feel insulting to be told this. You are a victim and are entitled to be treated with dignity and respect. No one should make you feel like you are a nuisance or somehow incidental to the court proceedings. You are not. Ask as many questions as you need to and take your time before responding. Cross-examination of witnesses, who may also be victims, can be traumatic to experience or watch. It may feel like a witness is being asked all sorts of personal, irrelevant or otherwise distressing questions. This happens because the lawyer who is defending the person accused of the crime (the defendant) will be attempting to weaken the case against them. The judge can intervene if they think the cross-examination is too aggressive or inappropriate, but nonetheless many victims feel re-traumatised by giving evidence in court.

Cross-examination of witnesses is a fundamental part of our criminal justice system. I recommend finding out as much information as possible about what will happen in

court before your case goes to trial. There have been some improvements over the years since Garry’s trial; victims now have entitlements in ‘The Code of Practice for Victims of Crime’ (usually referred to as ‘The Victims’ Code’). The Code sets out that some victims can have special measures to help make their experiences at court less traumatic. This can include giving evidence from behind a screen or at a venue away from the court by video link. You can visit the court in advance of the hearing to see the building and where you will give evidence, where you will wait and what facilities are available. You will be able to find out more information from the Crown Prosecution Service (CPS), police or the Court Witness Service. Ask as many questions as you want as these services are there to support you.

Courts are open to the public and anyone can sit in the public gallery to watch the proceedings unless the judge rules otherwise. The criminal justice system stresses the importance of justice being open to all and justice being seen to be done. This means your family and friends can watch the proceedings and support you. But what I was not prepared for (and there are many victims who tell me the same) was the shock of seeing the family and friends of the accused in the public gallery. You may also see them in the cafeteria, lifts and the toilets. During the trial, there was only one way to enter and leave the courtroom, so my family and I had to use the same route and facilities as the families of the accused. I always remember being told by my Family Liaison Officer (FLO) to be prepared to walk up and down the corridors outside the courtroom as there are no special facilities for the families of the victims.

The court process for victims

The court process for victims6

There have been attempts to develop more separate waiting facilities for victims so you don’t have to wait in the same place as the person charged with the offence or their family but, there is still a long way to go. Before you go to court, you could ask about the facilities available and what can be done to help prevent you coming face-to-face with the accused and their family. All courts have an independent Witness Service who is there to specifically provide emotional and practical support to witnesses and their families. You can ask them any questions that you might have and they will do their best to help you.

The Witness Service aims to assist those who are appearing at court as witnesses. I think it is worthwhile talking to people from this service and making a note of the person who is allocated to you. If you are given a leaflet, I would suggest you keep it and read it when you have a quiet moment. You might also find it helpful to ask a friend or relative to read it so you can check you have understood what is says. In my experience, the Witness Service was very helpful and very understanding of our needs.

They were, however, limited in what they could do. For example, they kindly found a private room for my family to wait in but this was a witness video-link room. We were informed that we would have had to vacate it if it was needed for another trial. This unfortunately happened during the trial, which was very distressing for us. You may have to attend a long trial (as we did) so think about bringing your own tea, coffee and snacks. It will work out cheaper in the long run and might reassure you that you could be less likely to see the family of the accused in the cafeteria.

Victim Personal Statement (VPS) - court

As a victim of crime you are entitled to make a Victim Personal Statement (VPS). The VPS is a chance to say in your own words how the crime impacted (and continues to impact) on you and your family. It will be considered by the court if the accused pleads guilty or is found guilty. Your VPS can include details of any physical, psychological, financial, practical and emotional impact you have suffered as a result of the crime. You do not have to make a VPS but it is important that you know you have the right to make one, if you wish to do so. If you haven’t written a VPS and want to think about doing so, ask the Police or Witness Service support worker about it. Your voice is important so do seek assistance if you feel you need some support to help you complete your VPS.

You can ask to read your VPS aloud in court or someone else can read it for you. You will be asked about your preference at the time you make your statement, and may be able to change your mind, if you feel differently at the time the offender is sentenced.

Once the court case is over

However distressing the court process may be, you may not feel relieved when it is over. For me, I felt worse after the court process finished. I felt lost and bewildered. My life had changed from where there was a clear focus to every day, to one where everyone who had provided support previously had disappeared and I was expected to get on with my life. It felt like when you have a broken ankle and your crutches are taken away - you are on your own – with no aids to help you anymore.

Nothing can prepare you for this realisation and I think at this stage it is worth considering what you need to help you recuperate and recover.

Some services you may consider talking to are:Victim Support ServicesCounselling servicesOther victims’ services

The information you have collected throughout the court process may also be of help. I really do understand what you might be going through, wondering who to speak to next or where to go for help. I have included some contact information at the end of this information pack if you don’t know where to start.

Most importantly, give yourself time to recover. This is probably a road that you and your family have never had to go down before; there will be some days when you feel like you have taken ten steps back and others when you move a few steps forward. As I mentioned in the Introduction section, we are all different and have different needs. It is your thoughts and your voice that will make the right choice for you.

7 Sentences and appeals

Remembering what happens in court

When I look back at the trial of those accused of murdering Garry, I don’t remember much. I recall how I felt and some of the Judge’s comments but I don’t remember much of the detail because I was still in shock.

Like some victims, you may find it distressing that you do not remember exactly what happened. This could be because you want to remind yourself about what happened at a future date or to be able to answer questions from your children when they are older. To help remind you what took place, you can ask for a copy of the Judge’s summing up statement and their sentencing remarks, if the proceedings took place in the Crown Court. These are a matter of public record and the police or Witness Service support worker should be able to help you obtain a copy.

Sentencing

If the offender pleads guilty or is convicted of a crime, the Judge or Magistrate will pass sentence either immediately or set a date for a sentencing hearing. You may find it useful to know the date of the sentencing hearing so you and your family can prepare for the outcome and consider if you want to be there. You do not have to attend if you don’t want to but you should be aware that the media and social media may report the sentence outcome before someone has been able to contact you with this information.

Sentences and appeals

8 Sentences and appeals

The sentencing of an offender can be a very emotional time for any victim, which is why it is essential to make sure the CPS, police or Witness Service support worker help you to understand the different types of sentences that could be handed down.

I have set out below a brief explanation of the different types of sentences. This is my own attempt to summarise the key points and should not be read as a legal definition. The CPS will be able to explain them in more detail:

Community sentences

If the judge or magistrate gives the offender a community sentence, part of the community sentence must aim to punish the offender. For example, it may include a requirement to perform unpaid work in the community (known as community payback), or include a fine or a curfew. In addition, it may also require the offender to attend certain programmes, such as drug or alcohol recovery programmes. An offender will usually serve the full community sentence.

Prison sentences

There are two types of prison sentences – determinate and indeterminate. A determinate sentence means the offender has been sentenced to a specific number of years, i.e. they have been given a 10 year sentence. As a general rule, an offender will serve half of their sentence in prison and the rest in the community. When an offender is released into the community they are usually subject to probation supervision, known as being ‘on licence’.

An indeterminate sentence means the offender will serve a minimum number of years (known as a tariff) set by the judge. They will not be released before the minimum tariff. Once the tariff has been served, it is up to the Parole Board to decide whether to direct the prisoner’s release. When an offender serving a life sentence has been released, they will also be subject to supervision by the probation service and will be on licence for the remainder of their life (even if active supervision by the probation service ceases). This is known as ‘life licence’.

I have included more information about offenders on licence in the Probation section of this information pack.

Sentencing of young offenders

I wish I had known more about how sentences for young offenders are different to those for adults. If offenders who are under 18 years old commit an offence which would normally carry a sentence of ‘life imprisonment’, they are sentenced to the equivalent of a life sentence known as ‘Detention at her Majesty’s Pleasure’. As with adults sentenced to life imprisonment, the young offender will be set a tariff.

Appeals against sentence and conviction

When the judge has passed a prison sentence it gives you an idea of how long the offender will spend in prison. You should be aware, however, that the offender is entitled to appeal against the length of the sentence (and/or the conviction - although this is less common).

Under the Victims’ Code you are entitled to be informed by the police if the offender is going to appeal and what the outcome is. The appeal may be weeks or months after the sentence and the police and many victims’ services can tell you more about this, including how you can attend the appeal hearing should you wish to do so. If you don’t attend the appeal hearing it is important that you know the outcome as it may affect the time the offender spends in prison. You can’t challenge or change any reduction in sentence but if you have the information you can try to prepare for it.

Young offenders, in addition to appealing against their sentence, can apply to have their tariff reduced after they have served half of it. If a judge decides the offender has made exceptional progress, the tariff can be reduced which means they can be considered for release at an earlier date. When this happened to me – completely out of the blue – I was in total shock. If this also happens in your circumstance, I hope you can prepare from the outset for any possible reduction in tariff.

You are entitled to make or update a VPS for an appeal hearing or tariff review, and to attend the court to hear the judge’s decision if you wish to do so. The National Probation Service (NPS), police, or Witness Service support worker should be able to tell you more about this.

9 Probation services

Probation servicesOffenders on licence

Once released, an offender will have to report to a probation officer (often called ‘probation offender managers’) and there can be restrictions put in place instructing them where they can live and what they can do. Victims of crime can have some input into the conditions under which an offender is released; for example, you can make a request for conditions so that offender does not contact you or go to a certain area where you live, or regularly visit.

Rehabilitation for victims

I was surprised to find out that probation services are not just for the offender. The National Probation Service runs the Victim Contact Scheme (VCS).

This is an opt-in service that is generally available for victims of sexual and violent crimes where the offender is sentenced to prison for 12 months or more. I remember being told about this scheme just after the trial had come to an end and I was simply too shocked to take in any more information.

By signing up to the VCS, you receive some basic information about the offender, particularly regarding their release. For example:

� You are informed if the offender has periods of temporary release or if they are moved to open prison conditions.

� You are able to request licence conditions which could be included in the offender’s release licence which might help you and your family feel safer. For example, you could request a condition not to contact you or not to go within a certain distance of your home.

If the offender is serving an indeterminate sentence, they will be subject to reviews by the Parole Board. If you have opted-in to the VCS, you will be able to choose whether to prepare a Victim Personal Statement (VPS) for the Parole Board. The VPS is used to inform the Parole Board of the impact of the crime on you when they are considering whether or not to release the offender into the community.

They will also consider a VPS if the offender is being considered for a lower security prison.

The Police or Witness Care Unit will refer victims’ details to the National Probation Service (NPS), unless the victim asks them not to do so. You will then be contacted by the NPS who will ask you if you want to be included in the Victim Contact Scheme.

Of course it is a very personal decision about whether or not you want to receive any information about the offender. What is important, is that you know about the choices available and understand what this means for you. If you decline to participate in the Victim Contact Scheme, I would suggest you keep a note of who to contact if you should change your mind at a future date.

10 Remember – you are not alone

Remember – you are not aloneBecoming victim of crime can throw you into a world of confusion and fear at a time when you could be shocked, grieving or struggling to rebuild your life. There are many services out there who aim to help victims. The criminal justice system is realising the importance of supporting victims and not just seeing them as a means to secure a conviction. Some areas are trying to make things a bit easier by giving victims one single point of contact to go to for help and advice. I think this is a very positive development and, if nothing else, I would encourage you to keep note of who that person is and contact them whenever you are unclear about anything. This single point of contact can also put you in touch with other services that may help you in the weeks and months to come.

The aftermath of a crime, as I know only too well, can change your life forever. Nothing can take away the pain or turn back the clock. Recovery is possible and, if you are anything like me, there will be good days again but there will also be bad ones. There are services and agencies which can help you, probably more so now than ever before. I would encourage you to ask questions and to be clear about your needs. We hear a lot about the ‘victim’s voice’ these days so speak

out, make sure you are listened to and if you are dissatisfied, say so.

I have included a couple of useful contact details in this information pack if you don’t know who to turn to for help. You can also contact me if you want to share your experiences or if you need help finding someone to talk to.

There isn’t a rulebook for how victims must feel and cope with life after a crime has taken place. It is likely that you are still trying to make sense of the harm and affect it has had on you and your family. If we smile again people think we are coping and moving on with our lives, yet inside we are feeling broken and shattered. This information pack is not meant to replace face-to-face contact or any other information you are given but I hope it has been a source of help to you – even if it means only one section was of use, or if you ask just one question and get an answer you need as a result.

Remember:

We are all different with different needs but…

Coming together is the beginningKeeping together is progressWorking together is a success

I wish you well on your journey.

Baroness NewloveVictims’ Commissioner for England and Wales

11

Useful contactsVictims’ Commissioner’s officeWeb: www.victimscommissioner.org.uk Email: victims.commissioner@victimscommissioner.gsi.gov.uk

Victims’ Information ServiceWeb: www.victimsinformationservice.org.ukPhone: 0808 168 9293

NHS Choices (counselling services)Web: www.nhs.uk/conditions/counselling

Find your PCC area Web: www.apccs.police.uk/find-your-pcc/