Victim Notification Schemes

In some criminal cases, victims have a right to get information about the release of a prisoner. This is called the Victim Notification Scheme.

If you're eligible, you can choose whether to register or not.

If you register for the scheme, you can be informed about a prisoner’s release and other information that may be important to you.

You’ll also have a right to be told when the prisoner is considered for parole, and in some circumstances, to make written representations (comments) about their release to the Parole Board for Scotland.

Prisoners can be sent to hospital if the court thinks they need treatment for a mental disorder. Or, if they're already in prison, they can be moved to hospital under a transfer for treatment direction.

If this happens, victims can make written representations about the prisoner's first unescorted temporary release from hospital.

Eligibility

You may be able to register for the Victim Notification Scheme if the offender in your case was sentenced to 18 months or more in prison.

The Victim Information and Advice service (VIA) will let you know if you're eligible.

If the sentence is under 18 months

Different rules apply if the offender has been sentenced to less than 18 months in prison. This is often referred to as the Short-term Notification Scheme.

Under this scheme, you only have the right to know about the offender’s date of release.

You can get this information by contacting the Scottish Prison Service (SPS).

You do not have to fill in any forms for this. But SPS may need to check that you are the named victim of the offending behaviour.

How the Victim Notification Scheme works

The scheme has 2 parts. You can choose to receive information under part 1 and part 2 in some circumstances.

Part 1

Part 1 gives you the right to know certain information about the offender. You will be told within 48 hours:

• the date of the offender's release – (but not their location after release)
• if the offender dies before being released
• if the offender is transferred out of Scotland
• if the offender is eligible for temporary release – like for training programmes or home leave
• if the offender escapes or absconds (does not come back when recalled)
• if the offender returns to prison for any reason and it's connected to your case
• if a certificate has been granted giving the offender unescorted suspension of detention from hospital for the first time. (This means they can leave hospital for specific periods of time, without an escort or supervision.)

Part 2

Part 2 gives you the right to know if the offender is being considered for parole or for release with an electronic tag (Home Detention Curfew). You'll have the right to:

• send written comments to the Parole Board for Scotland when they're considering your case
• send written comments to SPS when they're considering releasing the offender with an electronic tag

The Parole Board for Scotland and SPS must tell you if:

• they recommend or direct the release of the offender
• there are any conditions of the release which affect you or your family

SPS must also tell you if they send written comments to the offender's responsible medical officer before they issue a certificate allowing the offender unescorted suspension of detention from hospital for the first time.

How to register

After a prisoner has been sentenced, the Victim Information and Advice Service in Crown Office and Procurator Fiscal Service (COPFS) will send you an application form. You can send to this form to SPS to join the scheme.

If you've not received an application form and think you’re eligible, you can also get it by phoning the VIA service on 0300 020 3000, or by emailing EnquiryPoint@copfs.gov.uk. You can also write to your local COPFS office.

If you change your mind

You can leave the Victim Notification Scheme at any time by contacting the Scottish Prison Service (SPS) to let them know.

If the offender has a mental disorder

Victims have a right to get information about the release of an offender who is being kept in hospital for mental health care and treatment under a compulsion order and restriction order. These are orders which keep the offender in hospital.

This is called the Compulsion Order and Restriction Order (CORO) Victim Notification Scheme.

Victims also have a right to be told when the offender is considered for conditional or absolute discharge from hospital.

Conditional discharge means the offender is released into the community under formal supervision, and their mental health and behaviour are monitored.

Absolute discharge means the order keeping the offender in hospital has been cancelled. This usually happens after a period of conditional discharge.

Victims also have a right to make written representations (comments) about the offender's release to the Mental Health Tribunal for Scotland.

There's more information about eligibility and how to register for the scheme in the booklet Victim Notification Scheme Offenders with a Mental Disorder: Guidance for Victims Eligibility and Registration.

If you're eligible, it's up to you if you want to register or not.

How to register

After a prisoner has been sentenced, either the Procurator Fiscal or a VIA Officer will give you a form to fill out. This should be sent to the CORO Victim Notification Scheme Administration Team in the Scottish Government.

If you are eligible to apply, you can get an application form by contacting the Victim Information and Advice service.

If you change your mind

You can leave the CORO Victim Notification Scheme at any time by writing to the CORO Victim Notification Scheme Administration Team to let them know.

Support and advice

There are organisations that can help you decide whether to join the Victim Notification Scheme or the CORO Victim Notification Scheme:

• Victim Support Scotland
• Rape Crisis Scotland
• ASSIST
• Children First
• Scottish Women’s Aid

If you're joining the Victim Notification Scheme, they may also be able to help you prepare your representations for the Parole Board for Scotland.

Further information

Victim Notification Scheme

You can find out more about the Victim Notification Scheme from SPS.

Phone: 0131 330 3500
Find out about call charges

Email: vns@sps.gov.uk

Post:

Scottish Prison Service
Victim Notification Section
One Lochside
1 Lochside Avenue
Edinburgh
EH12 9DJ

CORO Victim Notification Scheme

You can find out more about the CORO Victim Notification Scheme from the Victim Notification Scheme Administration Team in the Scottish Government.

Phone: 0131 244 0160
Find out about call charges

Email: vns@gov.scot

Post:

CORO Victim Notification Scheme Unit
3ER St Andrew's House
Regent Road
Edinburgh
EH1 3DG