Domestic violence victims 'put at risk' by erratic handling of cases

http://www.theguardian.com/society/2015/nov/12/domestic-violence-victims-hmic-vulnerable-witnesses

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Victims of domestic violence and other vulnerable witnesses are being put at risk by the erratic handling of sensitive cases by police and prosecutors, inspectors have said.

Her Majesty’s Inspectorate of Constabulary said it was concerned to find that the risks to vulnerable witnesses were not properly dealt with in a third of the 195 cases it examined, including instances of racial or homophobic abuse and domestic violence.

In one case, police failed to consider the vulnerability of a woman and her 13-year-old daughter who feared reprisals after being racially abused over a long period by their neighbour who had threatened to burn their house down.

Related: One in four women has experienced domestic violence at partner's hands

HMIC inspectors accused the police and prosecutors of failing to understand the nature of vulnerability as it ordered the Crown Prosecution Service and National Police Chiefs’ Council to improve their preparation of case files involving vulnerable victims and witnesses.

“The nature of vulnerability, in the context of a case progressing through the criminal justice system, is not understood clearly by the police and prosecutors,” HMIC inspectors said. “We consider that this is an opportune time to look in greater depth at the nature of vulnerability and identify what can be done to assist police and prosecutors to assess vulnerability in different contexts, and provide the support that vulnerable victims and witnesses require.”

Inspectors examined a total of 460 case files from across England and Wales and identified 195 cases that involved vulnerable or intimidated victims and witnesses. Most of these were recorded as being afraid or intimidated, while a fifth were victims of domestic violence. In 21% of the 195 cases, the police failed to identify the vulnerability of a victim or witness and so did not put measures in place to manage this risk through the court process.

Special measures that can be put in place include allowing vulnerable witnesses or victims to give evidence from behind a screen in court, a practice often used by sexual assault victims to preserve their anonymity.

In 55 cases, the CPS correctly identified the vulnerability of the victim or witness, but failed to put in place any measures to protect them. Many of these cases involved victims and witnesses who were in fear of the defendant, the inspectors said. The police did this in 13% of the cases examined.

In one of these cases, a 68-year-old woman with Parkinson’s disease was not assessed for special measures – despite a request by the CPS – after she was robbed of her handbag. The elderly victim said she felt especially vulnerable as she lived alone and the handbag contained her house keys.

Related: Domestic violence: why 'just go' is not always the answer for abused women

In another case, a woman and her two daughters told police they had been left traumatised after being attacked by a man with mental health problems while out walking. Despite this, there was no record that any of the victims were considered vulnerable witnesses.

HMIC inspector Wendy Williams said: “The quality of criminal case files is a subject that both HMIC and HMCPSI [HM Crown Prosecution Service Inspectorate] have looked at a number of times in the past. Unfortunately we are still seeing the same mistakes being made, with case files lacking the quality and consistency needed to ensure the best outcome for witnesses and victims. Although we found some improvements during this inspection, the approach by police and prosecutors to preparing case files was still not good enough. Insufficient consideration was being given to the needs of vulnerable victims and witnesses.”

There were 50 cases where the risk was not initially identified by the CPS but was realised later down the line.

A CPS spokesman said: “Victims and witnesses are at the heart of everything we do. In the past two years we have set up a series of Victim Liaison Units across England and Wales to improve communications with victims and recently published the results of the first ever survey of more than 7,000 victims and witnesses. Two thirds of victims and three quarters of witnesses reported that they were satisfied or very satisfied with the service they received from the CPS.

“There is always more that can be done to improve the service that we provide. That is why we will be working with our police partners to examine the work of the joint Witness Care Units across England and Wales who manage most interactions between victims, witnesses and prosecutors during the life of the case to see what improvements can be made.”