Many countries now recognise that the traditional criminal justice system focuses too much on the offender and how he should be punished. By contrast, the victim is a pawn in this process – he is to cooperate with the State, to participate in police investigations and later to give evidence in court. He often gets no compensation for losses, pays for his own medical treatment, and suffers inconvenience during case processing.
To addresses this, the United Nations in 1985 adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Countries such as the United Kingdom and Australia among others have since changed their domestic laws and procedures in line with the Declaration. There has been growth in victim studies and victimology movements, not only in the Western world but also in Asian countries like Japan.
The focus of these efforts is towards giving the victim more voice in the case and some redress for the wrongs suffered.
Crime victims in Singapore suffer similarly. I believe it is timely to consider how we can ensure that the victims’ concerns and rights are systematically addressed.
One suggestion is for the police to routinely ask crime victims if he/she wishes to make a Victim Personal Statement which is practised in countries like the UK. This is not the same as the witness statement where the victim states how the crime took place. Rather, the VPS focuses on the victim – how the crime has affected the victim’s life, what safety concerns he or she now has, whether physical or emotional support is needed and whether he / she wishes to be kept informed of the progress and important decisions made in the case.
Such a statement would then be kept on the file and at the relevant stages of the case, the victim’s views can be presented e.g. the victim’s fear of the offender causing harm can be surfaced at the bail hearing. Key decisions by prosecution such as reduction of charges should be informed and explained to the victim.
As the case proceeds, the judge at the sentencing stage can also refer to the Statement to assess the seriousness of the offence by looking at the harm suffered by the victim.
Currently victims often do not get compensation. The Chief Justice recently called for the Courts to re-activate the compensation order provisions to ensure that victims can benefit. To increase the likelihood of such orders being made, the VPS can document exactly what losses have been caused by the offender, with some supporting evidence. The Statement can then be easily referred to by the Judge to calculate an appropriate sum for an order of compensation from the accused person.
Singapore has used Victim Impact Statements for several years but only in a small minority of cases when the prosecutors instruct police to record them. Even then the VIS is much more limited as it does not address the victim’s concerns and needs early in the case.
We should look at how the system can be improved to systematically recognise victims’ rights rather than take ad hoc approaches. I hope the Ministry will seriously study the progress made by other countries in giving victims a better deal under the Criminal Justice System.
(Note: this speech was delivered in Parliament on 12 Feb 2009.)
