Daily Blog: Day 29

Provisions at Court

319. It is clear that many of the court buildings are not conducive to the needs of victims and witnesses.

320. The Committee observed at first hand, during visits to Londonderry, Lisburn and Laganside Courts, the limitations of the facilities and this reinforced the message from individuals, families and support organisations. Difficulties faced include lack of facilities, lack of privacy, proximity to the defendant and/or their supporters, and in some courts overcrowding due to the volume of business being conducted and the lack of a proper system for scheduling the timing of witness attendance. When visiting Laganside the Committee was also advised that the use of all the rooms available for victims and witnesses depended on the availability of volunteers from Victim Support.

321. While recognising that there is unlikely to be large amounts of capital funding available to deliver wholesale physical changes to courthouse layouts the Committee is of the view that improvements can be made to the facilities and rooms provided for victims and witnesses and the recently commissioned Review of the NI Courts Estate by the Minister of Justice provides an opportunity to do this. The Committee also believes that the scheduling of witnesses attendance could be much improved thereby reducing the length of time they are frequently required to wait and the pressure on facilities at busier courthouses.

322. The Committee recommends that an evaluation of the facilities currently provided for victims and witnesses in all courthouses should be carried out as part of the Courts Estate review with the objective of identifying specific improvements that can be made to provide comfortable and fit-for-purpose facilities within the current buildings for victims, witnesses and bereaved families.

(Recommendation 19)

323. The Committee recommends that the current management of facilities and services for victims and witnesses in courthouses should be examined and in particular whether the dependence upon volunteers is appropriate and properly funded and how a collaborative approach with the Witness Care Units can be developed.

(Recommendation 20)

324. The Committee recommends that a maximum waiting time for witnesses should be introduced.

(Recommendation 21)

325. The Committee recommends that greater use should be made of specialist courts e.g. domestic violence courts and courts prioritising young persons' cases.

(Recommendation 22)

Appendix 1

Minutes of Proceedings

7. Inquiry into the Criminal Justice Services available to Victims and Witnesses of Crime – oral evidence event

The Chairman welcomed the witnesses to the meeting and outlined the structure of the evidence session.

The Chairman invited the witnesses to outline the key issues impacting on the experiences of victims and witnesses and gaps in the current service provided.

Ms Susan Reid, Victim Support NI, Mrs Pam Surplis, Support after Murder and Manslaughter NI (SAMM NI), Mr Colin Reid, National Society for the Prevention of Cruelty to Children (NSPCC), Mr Patrick Yu, NI Council for Ethnic Minorities (NICEM), Mr Hugh Campbell, University of Ulster, and Ms Orla Conway, Women's Aid Federation NI outlined the key issues impacting on the experiences of victims and witnesses and gaps in the current service provided and answered questions from Members.

The Chairman invited the witnesses to identify the priorities and actions required to improve the services provided to victims and witnesses.

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Delay in the Criminal Justice System

189. The Committee heard from individuals, advocacy organisations and the criminal justice agencies themselves that undue delay in the processing of cases through the criminal justice system has an adverse impact on victims and witnesses of crime. Advocacy groups and individuals described experiences of delay throughout the system from the point of reporting the crime to the conclusion as one of the key issues that needs to be addressed. The delay experienced in the court process itself was also specifically highlighted by families and individuals.

190. To illustrate the length of the process in Northern Ireland, one family highlighted how the case in relation to the murder of their mother took 2 years and 10 months to complete, whilst the high profile murder case of Joanna Yeates in England took just 10 months. 'At the start of the process I thought that it would last for a couple of months. Then it was six months, a year, and then two years. It is now nearly three years, and I am still bogged down in this limbo where I cannot move on. Maybe we can start to move on now because we have had the trial and a satisfactory outcome.'

191. Describing their frustration with their experience of the ongoing delay they said - 'We would be in court on the day that the trial was due to start, and they would come out to tell us that the case had been delayed and that we should come back next week. When we came back the next week, they would tell us that the trial had been postponed indefinitely and that no date had been set. You would go back to court a few weeks later, when the case was next mentioned, and you would be given another date, but it would be right up to the wire with that next date and the date after that. Every time we were given a trial date, we had to get the family to come over, rent accommodation, buy the flights and organise time off work, only to be told the day it was due to start, or the Friday before it was due to start, that it was not happening again. That happened four times before the trial actually kicked off.'

192. In its written evidence the Law Society highlighted the importance of ensuring that criminal prosecutions run efficiently, without undue delay and stated its concern that delays which could be avoided are too common. The Society is keen to see delay tackled and advocates strongly for increased efficiency within the criminal justice system. The Society states that while there may be a perception that delay is in the financial interests of a defence solicitor, the introduction of a standard fee regime for all criminal cases means quite the opposite is true.

193. Victim Support stated that delay within the system is a key issue impacting on the experiences of victims and witnesses. Long delays with an investigation or case can often have an impact on the individual's recovery, especially if they require further therapeutic intervention. Very often individuals become increasingly frustrated and despondent when more and more time passes with no contact or information from the relevant criminal justice agency. A lack of information can often make victims feel that their case is not being taken seriously when often the opposite is the reality.

194. From Victim Support's experience delay between the incident and the trial is a major priority that needs to be addressed and it welcomed the efforts being made to tackle this. Victim Support also stated that the issue of delay should be addressed from the moment the individual reports the crime right through to disposal.

195. Women's Aid views the delay between the incident and the trial as a major priority and also welcomed the efforts being made to address the problems. Women's Aid stated that the length of time from crime to trial is longer on average in Northern Ireland than in England and Wales and highlighted that delay is a factor in attrition rates, particularly in cases of domestic violence, where if the police only send files to the PPS three or four months after the event, the opportunity is lost in getting the victim to proceed.

196. In written and oral evidence the NSPCC also highlighted that delay is a key issue strongly associated with victim withdrawal and attrition rates. The NSPCC recommended that further investigation into cases in which the victim withdraws or denies/retracts their allegation should take place in order to better understand how 'avoidable attrition' might be minimised and victims better supported.

197. The NSPCC stated that for both child and adult victims, delay impacts on their ability to access therapeutic support. They can access such support while they are waiting for a case to come to trial, but they cannot talk directly about their own victim experiences. The NSPCC knows from their own therapeutic staff that there can be delays of up to three or four years, sometimes five or six years, in the most protracted cases. That is a long time in which young people are unable to talk directly about what has happened to them, and that has a hugely negative impact on them.

198. The NSPCC highlighted that there are issues that are particular to children about the length of time that it takes from when they report a crime to when they go to court. They may have changed and aged significantly in that period, and that has huge implications. The child who reports a crime at age nine is a very different witness when they take the stand aged 12 or 13, and, because they are a little older, jurors are influenced to treat them slightly differently and to look on them with a more sceptical eye.

199. The PSNI indicated that it has invested significant efforts in reducing delay for victims. This has included a programme of internal reform aimed at focusing the right people to the right place at the right time doing the right thing. The PSNI stated that in partnership with PPS it has implemented a number of initiatives designed to remove low level crimes from the formal criminal justice system including the introduction of the Police Discretion Scheme (allowing officers to use discretion to resolve specified low level crime) and Telephone Diversion (allowing officers to telephone prosecutors for diversionary decisions).

200. The PSNI also provided other examples of how it is addressing avoidable delay including working in partnership with the PPS to deliver a more streamlined file and process for charge cases which can be disposed within the Magistrates Court and working to reduce avoidable delay in summons cases which take twice as long to be disposed in court as charge cases.

201. In February 2012 the Committee was briefed by the CJI on its Progress Report on Avoidable Delay which indicated little and in some areas backward progression. Departmental officials also outlined the response to the report findings including the Minister's statement to the Assembly on 6 February, in which he informed Members of his plans to introduce statutory time limits in the youth courts within the current Assembly mandate.

202. In discussing the possibility of the introduction of statutory time limits, which are targets set by law which give the criminal justice system a specified time to progress a criminal case, with advocacy groups at the December 2011 oral evidence event some groups expressed a level of nervousness about this and cautioned against any negative impact upon victims. During the oral evidence event in January 2012 with the criminal justice organisations the PSNI however confirmed its view that statutory time limits are now necessary, but questioned whether the 2003 Order is the most appropriate tool for enacting these.

203. With regard to the progression of cases the CJINI's Progress Report on Avoidable Delay looks at the case management work being undertaken to develop better ways to improve the conduct of criminal cases through the court process.

204. When briefing the Committee on the 2011 Victim and Witness report a CJI Inspector set out his view regarding the need for placing case management 'on a statutory footing with timescales, sanctions and incentives designed to deliver the most efficient and effective case progression.' The Inspector stated 'As I see it, statutory case management is about the practical arrangements in a court. It means that the judge has, on a statutory basis, the backing of statute to tell the defence and the prosecution the issues at stake and what witnesses are required to ensure that a case is progressed without unnecessary delay. The time limits are more about the end-to-end process. If those two things are mutually supportive and go hand in hand, that can only be to the ultimate benefit of victims and witnesses and the entire criminal justice process in respect of delay.'

205. In its submission the PPS identifies issues around the listing of cases can be a cause of dissatisfaction, such as a perceived delay in listing of cases, repeat adjournments, and being given short notice of adjournments.

206. In oral evidence to the Committee the NSPCC highlighted that at court children often have to wait several days before their evidence is heard, which increases their stress and anxiety. The NSPCC wishes to see greater consideration being given to children spending as little time in a courtroom setting as possible and that one way this could be done would be through the development of special childrens' hearings days or listing children to give evidence at a set tome on a set day with the rest of the trial working around this.

207. In its written submission NSPCC stated that the recommendations of the Young Witness Study should be taken forward, 'in particular: giving consideration to the support needs of victims and families whose cases are heard at the lower courts; greater prioritisation of young witness cases by courts; and, in line with recent developments in England and Wales, giving consideration to the development of guidance and training initiatives for judicial and legal professionals in Northern Ireland in relation to the questioning and cross-examination of young witnesses and victims.'

208. The Lord Chief Justice's Office highlighted that concern for victims and witnesses was one of the major drivers in relation to a new Practice Direction which changes the way in which cases are listed for trial in the Crown Court. The Practice Direction came into effect in September 2011 in Belfast and Antrim on a pilot basis with the aim of rolling out to other divisions in 2012. The Practice Directive means that witnesses are contacted about trial dates only if the defendant pleads not guilty; it also aims to reduce those non-essential witnesses having to come to court to give evidence by encouraging the defence and PPS to agree which witnesses are essential.

209. In its submission the PSNI welcomed the recent Practice Direction of the Lord Chief Justice in relation to case management and the need to ensure only necessary victims and witnesses are called to present evidence.

210. The PSNI acknowledges witness attendance at court, including police witnesses, is an issue within the criminal justice. The PSNI currently provides access to its service duty roster application (Options) to PPS within the greater Belfast area. Access allows accurate and 'live' information of officer court availability thereby reducing the potential for a hearing being ineffective due to the non-appearance of the police witness. Access by PPS staff to 'Options' is progressing across all PPS regions.

211. In a visit by Committee Members to Laganside Courts in Belfast it was confirmed that it is common for witnesses to be asked to arrive at court early in the morning which can lead to lengthy waiting times. This was in contrast to provisions described to Committee Members during their visit to West Yorkshire Witness Care Unit, where a Bradford Court official confirmed that they have a target that witnesses should not have to wait for more than 2 hours before giving evidence in criminal proceedings, the achievement of which is measured twice a year. This is in-line with the commitment set out in the Criminal Justice System Code of Practice for Victims of Crime[12]. The Police representative from the Witness Care Unit also confirmed that police officers needed for court were able to complete desk duties on the day and were only called to court when needed.

212. In its 2011 Report on Victims and Witnesses[13] CJI Inspectors also considered and provided commentary on the issue of delay in waiting times for victim and witness court appearances. Inspectors found that apart from a NICTS pilot scheme, there is currently no formal mechanism to plan or schedule victim and witness appearances. Inspectors found that in general 'there is also no monitoring of witness waiting times, and the NICTS expects whoever asked the witnesses to attend court to look after them in conjunction with voluntary bodies such as the VSNI/NSPCC who run the witness schemes'. The report stated that 'Inspectors consider that the resources allocated by the criminal justice agencies to assist victims and witnesses at court and to provide an enhanced service needs to be considered further.'

213. Specific comments were also made regarding the committals process with one family highlighting the delay caused in the Magistrates' Court by the conduct of a Preliminary investigation (PI) in relation to their case.

214. In its evidence, Victim Support advocated an end to oral evidence in committal hearings as in its view this procedure only serves to cause further stress and trauma to victims.

215. The judiciary are also supportive of reforming the committals process to remove the right to call witnesses at committal proceedings (known as a PI or a mixed committal) as they do not see any operational advantage for the courts, or witnesses, in retaining PI's or mixed committals for any type of criminal proceedings.

216. The Department of Justice subsequently confirmed in oral evidence that a consultation is being undertaken on proposal to change committal hearings by removing the requirement for witnesses to attend preliminary inquiry proceedings and moving to a paper-based system.

Support Provisions and Special Measures

306. It is important that victims and witnesses of crime have access to a range of support services, including special measures, that provide practical assistance as well as emotional and psychological support and that these support mechanisms are in place for as long as they need them.

307. Crime can affect people in different ways and the thought of going to court can be daunting. Individuals will require different levels of support. The support provided must be suited to an individual's needs and an early assessment should be undertaken to enable appropriate arrangements to be put in place. Further assessments should then take place at regular intervals so that the arrangements can be adapted if the needs of the individual has changed during the process.

308. The provision of additional support, either in the form of special measures or advocacy/intermediary services, is particularly important for vulnerable victims and witnesses. The use of special measures can assist vulnerable and intimidated witnesses through a difficult and daunting experience when they are required to give evidence and the extension of their use in recent times is to be welcomed. Early identification of needs and regular review throughout the process to address changing requirements is necessary to ensure that all those who require additional support have access to the range of measures available. The Committee notes the intention of the Department to introduce an advocacy service and an intermediary scheme to assist vulnerable people and will monitor progress to ensure these are taken forward as quickly as possible.

309. Issues were identified regarding accessing special measures including a lack of understanding by all parts of the criminal justice system of the measures that are available and who is eligible to apply, a lack of consistency regarding the assessment for special measures and when this takes place, a lack of communication between the criminal justice organisations regarding individuals' needs and the absence of a formal review mechanism during the process to identify if/when an individual's needs change.

310. Another key characteristic of the evidence received was that many individuals, particularly in relation to serious crime, did not feel they received the necessary practical support as their case progressed through the system or to deal with the impact of the crime. Issues highlighted included the financial impact on individuals and their families (travel/accommodation costs, loss of earnings etc.) and the lack of counselling and therapeutic support provided.

311. Victim Support also highlighted the constraints imposed by the current opt-in system where individuals must consent to being approached by that organisation which prevents it from offering services and support to all who may require them. The result is that the needs of some victims are being overlooked. This was also an issue highlighted by the Probation Board in relation to its Victim Information Scheme.

312. The Committee recommends that a comprehensive formal assessment process should be introduced to identify the needs of individual victims and witnesses in relation to special measures and other support requirements at the earliest stage and the assessment revisited and revised as necessary as the case progresses. This is particularly important for victims and witnesses of serious crime.

(Recommendation 13)

313. The Committee recommends that in relation to serious crimes resources should be provided for practical support services including trauma counselling. These should be available from the crime occurs, throughout the process and beyond if necessary.

(Recommendation 14)

314. The Committee recommends that an opt-out system regarding being approached by Victim Support and the Probation Board should be developed to replace the current opt-in system.

(Recommendation 15)

315. The Committee recommends that further research and analysis should be carried out to provide a clearer understanding of how avoidable attrition i.e. where a victim/witness withdraws or retracts their evidence, can be minimised and victims/witnesses better supported.

(Recommendation 16)

316. The Committee recommends that the Department of Justice includes actions to address the specific issues raised in relation to children and young people, victims and witnesses with communication needs, victims and witnesses who do not have English as their first language, victims of hate crime and victims of domestic abuse and sexual violence in either the new 5 year strategy for victims and witnesses or other appropriate means such as the proposed new strategy for tackling domestic and sexual violence and abuse.

(Recommendation 17)

317. The Committee was impressed when it viewed the NSPCC Young Witness Service remote live link project in Derry/Londonderry and notes that the subsequent evaluation report found the pilot to have been successful in reducing fear and stress in young witnesses which leads to more witnesses being able to provide their best evidence and more cases completed.

318. The Committee recommends that the provision of remote live link facilities, based on this model and appropriately funded, should be extended across Northern Ireland to provide victims and witnesses access to such facilities within a reasonable travelling distance.

(Recommendation 18)

Conclusion

38. The Committee agrees with the view, as summed up in the words of one individual "I think that there is an imbalance of resources. The defendant has rights and that is how it should be. The defendant has a right to a fair trial and I am fully in favour of the rights of defendants but that should not entirely exclude some rights for victims and the families of victims. That is really important. It is not an either/or, it is a both" and believes it is now time to redress the balance.

39. The development of a new 5-year strategy for victims and witnesses provides an opportunity to make the substantial changes that are undoubtedly required within the criminal justice system. The implementation of the recommendations the Committee has made as part of this inquiry will ensure that the services provided to victims and witnesses and their experiences of the criminal justice system will be improved. The Committee expects the Minister of Justice to take full account of the findings and conclusions of this report in the new strategy.

Membership and Powers

The Committee for Justice is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, Section 29 of the Northern Ireland Act 1998 and under Standing Order 48.

The Committee has power to:

• consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation;
• consider relevant subordinate legislation and take the Committee stage of primary legislation;
• call for persons and papers;
• initiate inquires and make reports; and
• consider and advise on any matters brought to the Committee by the Minister of Justice.

The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5.

The membership of the Committee during the current mandate has been as follows:

Mr Paul Givan (Chairman)Mr Raymond McCartney (Deputy Chairman)Mr Sydney AndersonMr Stewart DicksonMr Tom Elliott[1]Mr Seán LynchMr Alban MaginnessMs Jennifer McCannMr Patsy McGlone[2]Mr Peter Weir

[1] With effect from 23 April 2012 Mr Tom Elliott replaced Mr Basil McCrea.

[2] With effect from 23 April 2012 Mr Patsy McGlone replaced Mr Colum Eastwood.

The Status and Treatment of Victims and Witnesses

1. A Victim and Witness Charter providing statutory entitlements for victims and witnesses in terms of information provision and treatment should be introduced in the next available Justice Bill.

The Charter should, as a minimum, cover the following entitlements:

• Be treated with dignity and respect
• Receive information on the progress of their case and the reasons for any delay at identified key milestones in accordance with the timescales set out in the Code of Practice
• Be informed about the outcome of their case in accordance with the timescales set out in the Code of Practice
• Be given the reasons for the decision not to prosecute in accordance with the timescales set out in the Code of Practice
• Be provided with additional support if they are vulnerable or intimidated
• Receive information on the offender's release from custody and arrangements for their supervision in the community in accordance with the timescales set out in the Code of Practice
• Complain to an independent body if not satisfied with how an organisation has dealt with their concerns

2. Following on from this the Code of Practice for Victims and Witnesses should be revised to fully reflect these overarching commitments and set out clearly the key milestones at which information will be provided, the timescales for the provision of the information, how it will be provided and who has responsibility for its provision.

3. The same statutory rights should be afforded to bereaved families.

4. An independent complaints mechanism should be introduced to deal with all complaints that have not been satisfactorily dealt with through the internal complaints procedures of each organisation.

5. All staff in the criminal justice organisations who interact with victims and witnesses should receive mandatory training on the care and treatment of victims and witnesses.

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Consideration of Evidence

Provision of and Communication of Timely and Appropriate Information

Ms Susan Reid, Victim Support NI, Mrs Pam Surplis, SAMM NI, Mr Hugh Campbell, University of Ulster, Ms Orla Conway and Ms Marie Brown, Women's Aid Federation NI, and Dr Lisa Bunting, NSPCC outlined the key communication issues and priorities that need to be addressed to improve the services provided to victims and witnesses of crime.

Team Grosvenor’s Katie Swift Reflects on a Fantastic 2021

January 18 2022

Matthew Pitt Editor

Team Grosvenor’s Katie Swift sat down with PokerNews and discussed the 2021 poker scene, the resurgent Grosvenor UK Poker Tour (GUKPT), becoming the United Kingdom’s number one ranked female player, and more. This is part one of two of our exclusive interview with Swift.

Swift’s live poker plans took a back seat for a large part of 2021, like other poker aficionados, due to the various COVID-19 restrictions in place for large swathes of the year. Swift decided to use the enforced downtime as an excuse to hit the online poker tables at Grosvenor Poker and hone her skills for when the live poker scene reopened.

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"When live poker returned last summer, there was a real buzz amongst the players, which was wonderful to be included in. It reminded me of some of the original poker trips I experienced when I started playing, with a proper festival feel about each GUKPT stop, players enjoying both the playing experience and the socialising aspect of each trip. I’ve always been a social butterfly, so I loved meeting players in person that I had built up good relationships with online during the pandemic. It was also great to catch up with old familiar faces too."

Swift’s continued success at the tables resulted in the Global Poker Index ranking her the number one female poker player in the United Kingdom, which is an incredible achievement when you consider the wealth of female talent we have on our shores. However, it was a fellow female poker star who drew Swift’s attention to her impressive number one ranking.

"In complete honesty, I wasn’t aware of this achievement until a friend of mine, Natalie Bromley, pointed it out. Natalie herself has risen through the rankings and I find her very inspiring. She is just one of so many wonderfully talented ladies in the UK, so to be at the top of the list of these incredible women is a surprise dream I hadn’t given the consideration it deserves before! It feels like the perfect conclusion to an incredible year for me."

"My passion is to prove you can be a dedicated mum and successful businesswoman as well as being a profitable poker player. I have been blessed with the best parents and family who have always just simply supported every ambition and dream I’ve ever had, so naturally, they are delighted by the news that I have reached GPI UK number one female poker player."

Poker is a massive part of Swift’s life. It has opened previously closed doors in addition to helping her meet some amazing people along the way. Swift is an ambassador in every sense of the word, and is dedicated to attracting more ladies to poker.

"I’m proud of my poker results, both live and online, but I’m most proud of the efforts and juggling act I consistently perform behind the scenes in order to dedicate time, energy and focus to the world of poker. I enjoy helping other players in general regardless of gender. However there’s an obvious correlation with me being female to encouraging other women to enjoy the game and because of this, I set up a women-only weekly game on Grosvenor Poker at the end of 2020, which has proved to be hugely popular. I also host a female-only Facebook page that links to that specific game, providing the weekly password, results, monthly league and various prize giveaways. The community is friendly, fun and is growing stronger continually. I’d also like to acknowledge the many male players, including all my fellow #TeamGrosvenor Sponsored Pros, who have been very supportive with networking and developing the female community within poker and valuing them as players. "

Find Out Why Maria Ho Wants a More Inclusive Future for Poker

It is all well and good working on your poker skills on and off the tables, but improving your health and fitness is also crucial to success, especially when live tournaments can see you play 10-12 hours sessions for several consecutive days. Swift is making major strides in this aspect of her life, too.

"I’ve worked hard behind the scenes not only on my game, but also on my health, nutrition and fitness With the help of Adam Lowe, a top personal fitness expert, I have expanded my knowledge and appreciation of how beneficial correct nutrition and exercise converts to increasing the quality of my mindset, focus, energy and results. Being a poker player himself, he fully understands and appreciates the requirements of long hours playing, travelling and the limitations of home cooking comforts, so maintains realistic and achievable targets and plans."

Swift’s biggest result of 2021 saw her finish in third place in the £750 buy-in GUKPT Edinburgh Main Event, a result that saw her reel in a £25,350 score, the third-largest live cash of her career. It was the second time in Swift’s career she had come agonisingly close to becoming the first woman GUKPT Main Event champion, having been the runner-up in the 2015 Goliath.

"Edinburgh was just the best experience all round! I loved it from start to finish! From the delicious lunch at The Witchery restaurant that our fellow Pro Rick Trigg organised, to reaching the final table with another #TeamGrosvenor Sponsored Pro, Jamie Nixon. It was a tough final fable, especially given how I had to navigate my short stack. I was delighted to finish in 3rd place behind two world-class players in Ludo and Maj.

"Of course, it’s always bittersweet to be so close to the win, but I didn’t justify achieving that top result with my game and ability on that particular day, compared to the two guys that beat me. I enjoyed railing them heads up and celebrating with everyone after, so much so, that I actually forgot to collect my winnings! Edinburgh was a very late decision for me to attend. I even drove through the night to avoid extending the already very long 12-hour journey even more, because it was during the national petrol crisis. I’m so glad I made it happen. I truly believe if you want something enough you do make it happen, you find a reason rather than an excuse. Hopefully, I can get a couple of pips higher in the future and take down the title of GUKPT winner one day."

Katie was not the only Swift to receive recognition in 2021 because her son, Jack, is a star in the making in the golf world. Jack is making waves in golf; remember the name!

"Jack amazes me with his dedication and commitment to his golf ambitions already at such a young age. Last summer he became the youngest ever player to win the Club Championship event. He was also selected for the Under 18s England Regional squad in September, which was a massive achievement at just 13 years old. With his natural talent, focused work ethic and fiery competitiveness, he has every chance of achieving his big dreams. For me, as long as he is happy and healthy, I’ll be proud and will always encourage him to pursue them, just as he does with my poker goals. We are a family that is always striving to achieve more, but it’s so important to enjoy the journey along the way and Jack knows the real importance of this and manages to balance everything in life well currently."

Tune into UK & Ireland PokerNews later this week for part two of our exclusive interview with Swift where she talks about the upcoming GUKPT schedule.

Matthew Pitt Editor

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• Participation

  217. The Committee heard repeatedly that victims felt disenfranchised and disengaged from the criminal justice process. Victims and particularly their families felt that they had no role and often became bystanders, observing the criminal justice process from the sidelines.

  218. As part of its consideration of victim's participation in the criminal justice process, the Committee considered evidence on Victim Impact Statements and Reports, Compensation, Youth Conferencing, and Restorative Justice.

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• 5. Briefing by departmental officials on the Committee Inquiry into Victims and Witnesses of Crime.

  2.45pm Maura Campbell, Deputy Director, Criminal Justice Development, and Brendan O'Mahony and Maurice Campbell, Criminal Justice Development joined the meeting.

  2.47pm Mr Eastwood rejoined the meeting.

  The officials briefed the Committee on the work that had been undertaken in relation to the development of a new Strategy for Victims and Witnesses of Crime.

  A question and answer session followed covering issues such as the support/counselling available to victims and witnesses who have given evidence in court and who have faced hostile examination; the findings of the victim and witness survey; how communication with victims and witnesses could be improved particularly in relation to the outcome of cases; what information is currently provided to victims; whether the strategy would include actions to deal with unreported crime; how the community impact of a particular crime could be highlighted; and the impact of delay in the system on victims and witnesses.

  3.03pm Mr Eastwood left the meeting.

  3.03pm Mr Lynch left the meeting.

  3.13pm Mr Weir joined the meeting.

  The evidence session was recorded by Hansard.

  The Chairman thanked the officials for the briefing and they left the meeting.

  Agreed: The Committee agreed to request a response to a number of further questions from the Department.

  Agreed: The Committee agreed to request a written up-date on progress in relation to each of the actions in the 2011-12 Victim and Witness Annual Action Plan.

  [EXTRACT]

  Current Provision of Services to Victims and Witnesses

  262. During this inquiry the Committee has heard from and spoken directly to a wide range of advocacy and victims' representative groups and individuals and families who themselves have had first-hand experience of the criminal justice system. The Committee has also discussed the emerging issues with the Criminal Justice Agencies including the Department of Justice, the PSNI, the PPS, the NICTS and the Probation Board.

  263. The written and oral evidence received has highlighted that a range of initiatives and work has been taken forward in recent years aimed at improving the services to and the experience of victims and witnesses who encounter the criminal justice system. These include the introduction of a Code of Practice for Victims of Crime, revised guidance on Achieving Best Evidence in Criminal Proceedings and the inclusion of additional provisions for the use of special measures for vulnerable and intimidated witnesses in the Justice Act (Northern Ireland) 2011. The Committee also heard examples of excellent service, often beyond what was required of them, being delivered by individuals within the system.

  264. The Committee also recognises the crucial contribution made by Victim Support NI, the NSPCC Young Witness Service and other voluntary sector organisations in steering victims and witnesses through the system and providing support and assistance when it is most needed. The Committee commends the collaborative approach these organisations adopt with the statutory criminal justice agencies and believes that the system would be a much colder place for victims and witnesses without them.

  265. However, despite all of this, victims and witnesses, and in particular bereaved families, still face significant difficulties with the criminal justice system and the criminal justice agencies and their experience of the process is often frustrating, demoralising and on occasions devastating. While the evidence received is only a snapshot of particular cases comments such as:

  "People are misinformed, ill-informed or not informed at all"

  "The trauma suffered by families can often be exacerbated by the criminal justice system"

  "The main message I would like to get across is for more understanding of what victims are going through and the impact of actions and words from the authorities… what I think needs changed is that victims need to be seen as humans with real feelings and emotions".

  are a reflection of how the criminal justice agencies have failed to deliver properly for victims and witnesses of crime.

  266. The evidence from the victim support organisations has also illustrated the difficulties faced by victims and witnesses as has the findings of recent Criminal Justice Inspection reports.

  267. Interestingly, many of the people the Committee spoke to did not wish to take away the rights of a defendant, they simply wanted the rights of victims and witnesses to be acknowledged too and for a better balance to be brought to the criminal justice system.

  268. There are a number of key issues that clearly impact upon victims and witnesses. These include:

  • The lack of status victims and witnesses have within the criminal justice process with little or no input or rights despite the case, particularly in relation to serious crime, having a major impact on their lives
  • The lack of dignity and respect shown to victims and witnesses during the process
  • Difficulty in understanding the process
  • Difficulties in obtaining information about their case
  • Feeling unprepared for what lies ahead
  • The lack of support required to give evidence
  • The lack of emotional and psychological support services and practical assistance
  • The lack of a joined-up approach between criminal justice agencies
  • The lack of continuity of service within criminal justice agencies
  • Poor facilities in courthouses
  • The length of time cases take to reach a conclusion during which victims and victims' families lives are put on hold

  269. While these difficulties exist throughout the criminal justice process they are particularly acute in the PPS from the stage of the assessment of a case, through the process of a decision to prosecute and on through until the completion of the court case.

  270. The co-operation of victims and witnesses in the criminal justice process is vital to achieving convictions and ensuring that justice is seen to be done. While recognising that the adversarial nature of the justice system does not provide a conducive environment for victims and witnesses it is the Committee's strong belief that much more can and needs to be done to redress the balance and ensure that an effective and appropriate service is provided for them. The Committee is therefore making a number of key recommendations to deliver the radical changes that in our view are required and the development of a new 5-year victim and witness strategy by the Department of Justice will provide the opportunity to take these forward.

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Victims who do not have English as their first language

153. The Law Society for Northern Ireland stated that specific regard is required for victims and witnesses who do not have English as their first language. The Society highlights the importance of adequate provision of interpretation services throughout the entire process, from reporting a crime to the provision of information and assistance when an offender is released from custody and indicates that it has previously raised concerns regarding the availability of appropriately qualified interpreters in this jurisdiction who are able to assist victims and witnesses in understanding and participating in the court process.

154. The NI Policing Board also provided the Committee with evidence from its thematic review on 'Victims of Domestic Abuse' published in 2009 that barriers faced by victims when it comes to reporting domestic abuse is compounded where the victim's language is not English and/or he or she is unfamiliar with their local surroundings or community. The review found that unless and until there is an abundant supply of interpreters to meet the needs of victims, minority ethnic victims will not receive the high standard of service they are entitled to expect. NIPB goes on to state that all information on support and referral services must be contained in leaflets translated into the various languages spoken in Northern Ireland.

155. Since the review the PSNI Policy Directive on response to domestic incidents was revised and reissued in December 2010 to incorporate guidance relating to victims with particular needs and the PSNI domestic abuse infocarte has been translated into eight minority languages and other literature has also been translated into minority languages.

Thursday 15 December 2011Northern Bank Studio, Millennium Forum

Present: Mr Paul Givan MLA (Chairman)Mr Raymond McCartney MLA (Deputy Chairman)Mr Stewart Dickson MLAMr Colum Eastwood MLAMr Sean Lynch MLAMr Alban Maginness MLAMr Peter Weir MLAMr Jim Wells MLA

In Attendance: Mrs Christine Darrah (Assembly Clerk)Mr Vincent Gribbin (Assistant Assembly Clerk)Mrs Roisin Donnelly (Assistant Assembly Clerk)Mr Joe Westland (Clerical Supervisor)Mr Kevin Marks (Clerical Officer)

Apologies: Mr Sydney Anderson MLAMs Jennifer McCann MLAMr Basil McCrea MLA

2.03pm The meeting commenced in public session.

In Summary

There is a lot of wisdom that you can pick up from reading poker quotes but there is also a lot of fun that can be had too. After analysing some of the greatest and most insightful quotes, we’ll leave you with a collection of some of the funniest and most irreverent ones:

• “Depend on the rabbit’s foot if you will, but remember it didn’t work for the rabbit.” R.E Shay
• “Whoever coined the phrase ‘a man’s got to play the hand that was dealt him’ was most certainly one p*ss poor bluffer!” Jeannette Walls
• “To be a poker champion you must have a strong bladder.” Jack McClelland
• “A person should gamble every day, because think of how bad it would be to be walking around lucky and not know it!” Robert Turner
• “I had to make a choice between being a lawyer or a professional gambler. I chose the more honourable of the two” Chip Reese

Participation

33. As part of its consideration of victims' participation in the criminal justice process, the Committee considered evidence on Victim Impact Statements and Reports, Compensation, Youth Conferencing, and Restorative Justice.

34. The Committee is of the view that it is important that victims of serious crime and bereaved families have an opportunity to relate, during the criminal proceedings, the impact that the crime has had on them and for account to be taken of this impact and that Victim Impact Statements and Reports are appropriate mechanisms to achieve this. The current system however lacks clarity in relation to the completion, content and use of them. It is for these reasons that the Committee makes recommendations regarding the formal use of Victim Impact Statements and Reports.

35. The Committee also subscribes to the view that often the compensation process is the only form of participation in the criminal justice system for an individual affected by crime. It is therefore important that the compensation schemes in place are 'fit for purpose' and the operation of them is efficient and effective. The Committee has made recommendations to examine processes and procedures within the Compensation Agency and also review the underpinning legislation.

36. The Committee recognises that the adoption of restorative practices can be beneficial to victims of crime and can provide answers to questions that may otherwise go unanswered and therefore recommends that, when appropriate, the facilitation of restorative practices for those who wish to avail of this should be provided.

Report on the Committee's Inquiry into the Criminal Justice Services available to Victims and Witnesses of Crime in Northern Ireland

Together with the Minutes of Proceedings, Minutes of Evidence, Written Submissions and Other Memoranda and Papers relating to the Report

Ordered by the Committee for Justice to be printed 21 June 2012Report: NIA 31/11-15 Committee for Justice

Mandate 2011/15 Second Report

Key Findings and Recommendations

The Status and Treatment of Victims and Witnesses

19. Issues around the status and treatment of victims and witnesses in the criminal justice system and the need for them to be treated with dignity and respect became a recurring theme in the evidence the Committee heard from individuals when outlining their experiences. Victims and families described how they felt like a 'by-product', 'that the business and interests of the court centre on the perpetrator and the needs of the court not the victim', and that they were not treated on an equal basis with defendants, particularly in relation to access to information. One individual described how she felt that she was not initially treated as a victim - 'I felt like I wasn't the victim until it was proved I was, rather than a victim until they proved I was not'. SAMM NI told the Committee that unless a family member is being called as a witness the family has no role in the system. Families are told repeatedly that they are not victims as the victim is dead.

20. An individual in written evidence stated 'The main message I would like to get across is for more understanding of what victims are going through and the impact of actions and words from the authorities . . . What I think needs changed is that victims need to be seen as humans with real feelings and emotions. The best thing that could change is attitudes towards victims'. The same individual went on to state that while she would not discourage others from reporting a crime, her experience of the system would prevent her from doing so.

21. The Committee met a number of families of victims of crime who were made to feel they had no rights or entitlements particularly with regard to the provision of information. One family described being told that they didn't need to know particular information, that they would not understand, did not need to be present in court at particular stages and that 'barristers do not talk to families'.

22. Another individual, in his evidence to the Committee, described his perception that there is unbalanced treatment of victims and defendants. In his experience of participating in the youth conferencing process as a parent on behalf of his son who was the victim he stated that he had no automatic entitlement to the conference report, even though these are provided to the offenders and that this is also the case in relation to copies of statements - victims do not receive copies of statements made by the accused in advance of court proceedings, yet the defendants receive copies of all statements made by victims and witnesses. He also pointed out that at the youth conference there were five people present representing the interests of the defendant's side including the defendant, a solicitor, a youth worker and a parent, while he alone took part as the representative of the victim.

23. Another family member of a murder victim said 'Everything centres on the perpetrators. Perpetrators will have a team of funded agencies advising and representing them; they will be told what will happen to them, when it will happen, what support is available to them. There will be a range of booklets/handouts and online information sites for them to refer to. This is not the case for victims.'

24. Many of the individuals who gave evidence to the Committee stated that they did not want better treatment than the defendant but wanted some parity. This is summed up in the words of one individual - 'I think that there is an imbalance of resources. The defendant has rights, and that is how it should be. The defendant has a right to a fair trial, and I am fully in favour of the rights of defendants, but that should not entirely exclude some rights for victims and the families of victims. That is really important. It is not an either/or, it is a both.'

25. Women's Aid highlighted that one of the key issues consistently raised by women using its services is the position, status and dignity of the victim in the overall process. Often they feel subsumed by the criminal justice system, rather than being an active participant. This is frequently compounded by the lack of timely and accurate information and feedback being supplied to them.

26. Women's Aid stated its belief that the care and support of victims and witnesses of crime must be a central component of the criminal justice system in Northern Ireland. Victims must be afforded the dignity and respect they deserve and should be accorded fundamental rights which allow them to progress through the system in a manner which avoids compounding the trauma they have already experienced and enhances their ability to give best evidence. Women's Aid contends that there is considerable merit in formally and legally recognising the status of the victim in criminal proceedings and ensuring that specific rights and entitlements follow from this.

27. In written evidence the University of Ulster Restorative Practices Programmes (UU RPP) indicated that the current criminal justice system in Northern Ireland needs to be rebalanced to focus on the needs and interests of the victim as well as those of the offender and communities. As throughout the process victims have little or no part to play, their voices are seldom heard and their needs and interests are rarely addressed effectively. The UU RPP stated that Northern Ireland needs a comprehensive policy on victims of crime and an effective strategy for implementation to rebalance the criminal justice system. This does not imply the needs and interests of offenders should be neglected. It is UU RPP's submission that the recent EU Directive on Victims of Crime provides a structure for such a policy which should be subject to independent research and evaluation.

28. Victim Support NI believes there needs to be a behavioural change within the system as a whole, with organisations demonstrating more emotional intelligence in their interactions with victims and witnesses, highlighting that one of the key issues consistently raised is the position, status and dignity of the victim in the overall process.

29. From Victim Support's experience, treating victims with dignity and respect is the responsibility of every individual providing a service within the criminal justice system. Furthermore, Victim Support believes treating victims and witnesses with dignity and respect should be integral to the ethos and behaviours of every criminal justice organisation.

30. Victim Support states that the changes needed to the criminal justice system will not be fixed solely by the introduction of more policies and procedures. It is the individual interaction with victims and witnesses that make the difference and this will take more of a behavioural change within organisations as a whole. The underlying motivations of all the agencies of the criminal justice system should be to provide victims and witnesses with appropriate support in order for them to give their best evidence.

31. Victim Support believes that each organisation should be committed to causing no further harm to individuals affected by crime. This should become integral to their core business and be demonstrated through its inclusion in their strategic and business plans and through their leadership. Overall however the benefit will be achieved not from 'add on' policies and procedures but through a change in attitude, demonstrated through behaviour.

32. In its written submission NSPCC states that children who are victims or witnesses of abuse require a system which treats them with respect and is sensitive to their needs. A system which is insensitive runs the risk of causing further trauma to victims, impacting on their recovery and damaging their confidence in the criminal justice system as a whole as well as their ability to access justice.

33. SAMM NI in its evidence, identified what it describes as a serious flaw in the current approach, namely that all criminal justice agencies refer to the needs of victims and witnesses in their strategies, but there is no reference to the needs of families bereaved by murder and manslaughter. SAMM NI recommends that the needs of families should be acknowledged by all agencies they come in contact with during the investigation and court experience.

34. In its written submission the NI Policing Board stated that after a criminal offence has been committed, the victim's first contact with the criminal justice system is normally with the police. That contact will likely continue through the judicial process. The police response to the report of a criminal offence will therefore have a direct and often decisive impact on the victim's attitude to the criminal justice system and it is critical that the police treat all victims with compassion and respect for their dignity. They must ensure that the victim feels that the offence is being considered properly and is being taken seriously. Victims often feel a sense of frustration, fear and insecurity but police officers can make a real difference to a victim's experience as they progress through the system. Respect, compassion and understanding for victims should be the hallmark of police conduct.

35. The PSNI stated that it is committed to ensuring it provides a high standard of service to the victims and witnesses of crime and that this can be evidenced in its recently introduced 'Policing Commitments' which outline the minimum standard of service members of the public, including victims of crime, can expect from its officers and staff. One of the PSNI's key commitments is to ensure that members of the public are treated with dignity and respect.

36. The PSNI acknowledges and endorses the requirement to continually review the training needs of those officers and staff who interface with victims and witnesses on a daily basis and is currently working on a training package for all frontline officers.

37. In its written submission the PPS stated that there is now an increased awareness across society of the impact of crime upon the victim and also of the impact for victims of engaging with the criminal justice system. The PPS recognises the traumatic experience that the undeserved and unwanted involvement in a crime can bring for many people. Equally important is the increased realisation that how the victim is dealt with by the criminal justice system can have a profound effect on how that person can cope with the experience of crime.

38. The PPS went on to state that it recognises that there may be a perception among victims that there is no one to 'represent' them, while the accused is perceived to be fully represented. PPS notes the outcome of recent research which demonstrates that the key issues impacting upon victims and witnesses experiences of the criminal justice system can be summarised by a desire to be treated with sensitivity and respect, and to be provided with information about their case and the process. Whilst highlighting that some victim and witness dissatisfaction derives from the way in which the adversarial system operates the PPS indicated that there remained a necessity to address these key issues. It did however highlight the need to consider proportionality and the availability of resources.

39. The PPS stated that a simple explanation of minimum service provision for victims is set out in the interagency publication the Code of Practice for Victims of Crime.