This means that victims should be offered the opportunity to make a VPS at any time prior to the disposal of the prosecution case. To help us improve GOV. The ISB gives you the opportunity to set out the impact that a crime has had on the business such as direct financial loss, and wider impacts, e. Inspectors do not need to collect evidence beyond that which they require for a full and proper criminal investigation, and for the purpose of taking appropriate enforcement action. Where prosecution results, and existing evidence shows a significant link, this should normally be presented to the court as an aggravating feature.
HSE aims to reduce work-related death, injury and ill health. Inspectors should use their discretion on when to take a VPS from the victim. Therefore we may not be able to show that the harm resulted from a crime.
It will be necessary to take due account of this in the way each VPS is processed. If an inspector identifies a corporate victim, and it wishes to make a VPS, the corporate entity should nominate a representative to complete the VPS describing how the business has been affected by the incident. The Victim Personal Statement gives victims an opportunity to explain how the crime has affected them, physically, emotionally, psychologically, financially or in any other way.
A spokesperson should generally be nominated by, or in any event by agreement with, the victims concerned.
The Victim Personal Statement VPS is important and gives victims a voice in the criminal justice process by helping others to understand how a crime has affected the victim. At a later stage it will be necessary to decide the extent to which it is fair to take the VPS into account during the approval process and, if prosecution is approved, if and how it is fair to present the ‘victim’ to the court.
We also need to follow our incident selection criteria in deciding what cases we investigate and, therefore, which possible victims we engage with.
You can visit our cookie privacy page for more information. For example, this could be where a business has suffered due to a large-scale explosion originating from another business premises. Guidance is in the ‘Compensation Orders’ section of the Enforcement Guide. This does not include any opinions of the victim as to what the sentence should be, which, if they are contained in the VPS, should be ignored.
See the ‘Translating and Interpreting’ section of the ‘Information’ website on the Intranet. The court will take the statement into account when determining sentence. Case-specific advice may be obtained from the lawyer dealing with the case in Legal Adviser’s Office or the Solicitor Agent or counselor where there is no lawyer dealing with the case, from Legal Adviser’s Office via your directorate legal liaison point.
Download the ISB form. Guidance on how to operate the VPS is given in Appendix 1.
The facts of each case need to be considered, and the procedure can become complex, particularly in relation to unused material.
The views of the victim or the family may assist in informing the decision as to whether it is in the public interest, as defined by the Code for Crown Prosecutors, to accept or reject the plea. What were you doing?
OC /12 – The victim personal statement (vps)scheme. Version 2
In any event, any relationship between a victim and an offence being prosecuted should be clearly and accurately presented to the court. What follows is what I wish to say in connection with. A guidance leaflet is available on the Scottish Government website. The police have adopted the scheme generally and they apply it to many victims of crime, leaglet some victims of road traffic crime.
It may help to inform decisions about the strength and credibility of evidence, the suitability of charge, and public interest factors.
The victim personal statement (VPS) scheme
I understand what I say may be used in various ways and may be disclosed to the defence, if this investigation leads to a prosecution. Health and Safety Executive. This website uses non-intrusive cookies to improve your user experience.