Victims' and Witnesses' Views on their Treatment in the Criminal Justice System

Author(s): Deloitte MSC Limited
Commissioned by: Northern Ireland Office (NIO)
Document Type: Report
Year: 2004
Publisher: Statistics and Research Branch, Northern Ireland Office
Place of Publication: Place of Publication
ISBN: 1 903686 14 8
Subject Area(s): Criminal Justice
Client Group(s) : Victims

Abbreviations: NI - Northern Ireland, DPP - Director of Public Prosecutions, PSNI - Police Service of Northern Ireland, NICtS - Northern Ireland Court Service, VSNI - Victim Support Northern Ireland

Background to the Research

  • This research examines the views of victims and witnesses in NI on their treatment by various criminal justice organisations - DPP, PSNI and (NICtS) and others who work within the criminal justice system (such as VSNI).

Aims of the research

  • To compile a complete list of all victims and non-expert prosecution witnesses to form a sampling frame.
  • To assess the views of victims and non-expert prosecution witnesses in Belfast and Londonderry Crown Courts on their treatment by various criminal justice organisations and others who work within the criminal justice system.
  • To ensure that sufficient information is collected to allow identification of the vulnerable or intimidated group for further analysis.
  • To investigate the feasibility of gaining the views of victims and witnesses who, for various reasons, may not report crimes to the police.
  • To collect information (where possible) pertaining to the Section 75 categories. Due to the relatively small sample size for this study (82) a significant amount of qualitative information has been included.

Research Approach

  • Deloitte worked with VSNI staff and volunteers, DPP law clerks and PSNI officers in charge in Belfast and Londonderry Crown Courts in order to recruit witnesses for the research.
  • A sampling frame and recruitment processes and protocols were developed to ensure that research participants were recruited in a structured way and given consistent information about the research.
  • A total of 246 people from 80 cases were formally approached to participate in the research. To be eligible, participants had to be an injured party or non-expert witness in a Crown Court case and over the age of 18 at the time of hearing of the court case.
  • Of those approached, 185 agreed to participate in the research but due to various reasons 103 did not participate.
  • The final research sample consisted of 82 witnesses, 26 of which were injured parties and 56 'other witnesses' in cases. Seven were formally recorded as 'vulnerable or intimidated witnesses'.
  • Twenty-six of those interviewed actually gave evidence. The sample consisted of an even number of males and females and represented a broad range of age groups from 18 to 65+ with 69% aged between 25 and 54.
  • In terms of the types of cases involved, serious violence (including GBH and murder), sexual offences and robbery accounted for 70 of the 89 offences recorded by interviewees.
  • The 82 interviewees were involved in a total of 41 different cases.

Main Findings

Satisfaction and Confidence in the Criminal Justice System

  • A key element of the research aimed to determine witnesses' satisfaction and confidence levels in the criminal justice system. Of the research sample, 56% of those interviewed were satisfied by their overall treatment and 42% were dissatisfied.
  • However there were substantial differences in these ratings when individual agencies within the criminal justice system were examined, with high satisfaction levels with Judges and VSNI Witness Services but high dissatisfaction with defence barristers.
  • Confidence levels in relation to elements of the criminal justice system were also assessed. A high proportion of interviewees did not have confidence in the effectiveness of the criminal justice system in bringing people who commit crimes to justice.
  • The majority were confident that defendant's rights are upheld and many witnesses expressed the view that the system is weighted far too heavily in favour of the defendant.

Other Issues

  • Other key findings of the research highlighted additional issues in relation to:
    • concerns about witnesses' sensitivities, privacy and protection;
    • perceptions of the adequacy of information received by witnesses;
    • sources of case information and points of contact; and
    • witnesses' experience of giving evidence.

Consultations

  • Consultations were carried out with representative organisations to explore the issues under consideration in the study in terms of their implications for individuals who belong to groups as defined under Section 75 of the Northern Ireland Act (1998).
  • The consultations focused on assessing barriers to reporting crime to the police and identifying the particular needs of these groups in relation to their role as a witness.
  • Many of the barriers to reporting crime identified were based on a fundamental lack of confidence that the action of reporting a crime will result in conviction or in a positive outcome for the injured party. In addition, some particular support needs and concerns of these groups (e.g. access to facilities, specific information requirements, support needs etc.) in relation to being a witness in a criminal trial were identified.

 


 

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