01/09/2005

‘No more silence’ for relatives in court

The government has announced proposals to introduce victims’ advocates in criminal trials in England and Wales.

A consultation paper has been launched, proposing that relatives of murder or manslaughter victims should have the opportunity to make a personal statement on the effect the death had on their family.

Relatives would be able to address the court in person or through a lawyer or victim’s advocate, who could take the family through their statement and provide advice and information about the case, trial and decisions to be taken.

Launching the consultation paper, Constitutional Affairs Minister Harriet Harman, said: “When it comes to murder, the prosecuting counsel talks about the victim, so does the defence counsel, the defendant, the judge and witnesses to the crime. But the people who knew the victim best and to whom the case matters most are silent. This cannot be right.

“Bereaved relatives sometimes feel they are completely excluded from the system. It seems ironic to me that the people for whom the case matters most are silent in court.

“We must ensure the court hears not just from the defendant, but also from the victim’s family.”

Fiona Mactaggart, Minister for Offender Management and Criminal Justice Reform said that murder and manslaughter had the “most devastating impact on victims”. She said: “By listening to the voices of those closest to them, the court in these trials will, for the first time, be able to hear direct from the victim's family about the true impact of the crime in question."

The Association of Chief Police Officers also supported the proposals. John Broughton, ACPO spokesperson on victim and witness issues, said that the use of victims’ advocates was “a positive step in improving victim care”. He said: “In these most serious and traumatic of cases, the victim is silent and it is a source of anguish for many families that they cannot personally defend their loved one’s memory or tell the court what the murdered person was really like.”

Judges already take the feelings of the victim’s family into account when sentencing. A written statement from relatives, taken by police, is presented to the judge prior to sentencing.

The Law Society raised concerns over the necessity of the new proposals, primarily because the effect of the crime could be already be expressed in the written statement.

Victim Support also said that the grief of relatives should not be linked to the sentencing process.

The government hopes to pilot the scheme in up to five areas in England and Wales.

The consultation is open until November 30.

(KMcA)




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