No victims of crime were notified about the release of more than a dozen serious criminals including murderers and sex offenders, Scottish Government documents have revealed.
The cases concern the compassionate release of prisoners that have been approved by SNP ministers.
These include three who were convicted of murder, four who were convicted of sexual offences and another who was convicted of culpable homicide.
The Victim Notification Scheme entitles victims of crime and their families to be notified of a prisoner’s release, but this hasn’t occurred in any of the 17 cases outlined in the Scottish Government documents.
The Scottish Conservatives have previously highlighted the SNP’s failures to promote the Victim Notification Scheme, which has led to a poor uptake rate among those eligible.
Shadow Justice Secretary Jamie Greene has urged the SNP Government to back his Victims Law proposals which would help to boost uptake of the scheme and ensure it is more sensitive to victims’ needs.
Scottish Conservative Shadow Cabinet Secretary for Justice Jamie Greene MSP, said: “It is absolutely shocking that not a single victim of serious crime was notified about the criminal in their case being released.
“It is crucial victims of crime receive all the information they want, but the SNP’s failure to prioritise their rights has meant that victims have been left waiting for answers.
“This shocking admission is yet another example of victims being left in the dark about the fate of criminals who have made their lives a misery.
“The SNP have repeatedly failed to promote their flagship Victim Notification Scheme to the point where only a quarter of victims have signed up to it.
“The SNP Government cannot continue to kick this issue into the long grass. They must urgently back my plans for a Victims Law so we can guarantee victims will always be at the heart of Scotland’s justice system.”
Notes
Not a single victim was notified of the release of 17 serious criminals approved by SNP Ministers. The Scottish Government published a list of prisoners they had released from prison on compassionate grounds. This included three prisoners convicted of murder with another convicted of culpable homicide, two convicted of lewd and libidinous practices, two convicted of assault and robbery, five convicted of misusing drugs, one convicted of various violent and sexual offences, another convicted of possessing an indecent photograph of a child, another convicted of theft and another convicted of wilful fire raising. (Scottish Government, 13 June 2022, link).
All victims of crime where the criminal was sentenced to 18 months or more are eligible for the Victim Notification Scheme. Part 1 of the Victim Notification Scheme entitled victims to know, within 48 hours, the date of the offender's release, if the offender dies before being released, if the offender is transferred out of Scotland, if the offender is eligible for temporary release, if the offender escapes from prison, if the offender returns to prison in connection with your case or if the offender has been granted unescorted suspension of detention from hospital for the first time. Part 2 entitles the victim to send written comments to the parole board or prison governor when considering a release. (Mygov.scot, Victim Notification Schemes, 10 January 2020, link).
Upon a victim’s request, if the criminal in their case is sentenced to less than 18 months, they can be notified of the criminal’s release. The Victims’ Rights regulations of 2015 stated: ‘Where an offender is sentenced to imprisonment for such a period, the Scottish Ministers must, if a victim requests it, notify the victim of the lawful release of the offender – or if the offender has escaped from prison’. (Legislation.gov, The Victims’ Rights (Scotland) Regulations 2015, Accessed 13 December 2021, link).
Victim Support Scotland have said the Victim Notification Scheme is not fit for purpose. The organisation told the Criminal Justice Committee: ‘VSS works with thousands of victims each year and based on their feedback is of the view that the current Victim Notification Scheme is not fit for purpose.’ (Criminal Justice Committee, Victim Support Scotland Written Submission, 22 September 2021, link).
The poor operation of the Victim Notification Scheme has been blamed for victim suicide attempts. Kate Wallace, chief executive of Victim Support Scotland, said: “There have been some very serious repercussions as a result of victims who are incredibly vulnerable being informed of the impending release of the perpetrator in their case... We have seen at least three occasions in the last 18 months where we’ve had to blue light a victim because they have attempted suicide.’ (FutureScot, 17 August 2021, link).
Just a quarter of crime victims are signed up to the Victim Notification Scheme. In 2018-19, 443 victims became part of the scheme out of 1,880 who were sent letters urging them to sign up. In 2019-20, this number was 472 sign ups out of 1,788. In 2020-21, the number of sign-ups fell to 306, with 1,158 victims sent letters asking them to sign up. Overall, this adds up to 25% of eligible victims being signed up in the last three years. (Scottish Parliament, Written Parliamentary Question Answer S6W-01768, 10 August 2021, link).