Multi-Site Survey of Victims of Crime and Criminal Justice Professionals Across Canada
3. Experience of Victims in the Criminal Justice System (continued)
3. Experience of Victims in the Criminal Justice System (continued)
3.3 Information Received by Victims
There were 102 victims involved in a case where the accused was charged. These victims were asked what information they received during their involvement with the criminal justice system, who provided it; and whether they received it in person, by telephone, or in writing. They were also asked to provide feedback on each of these. These results are discussed in more detail below.
General Information about the Justice System
Victims who were involved in a case where the suspect was charged (n=102) were asked whether they were informed about their role in court as a witness; about the role of the Crown Attorney in handling the case and the Crown Attorney's relationship with them; and about the criminal justice system in general. Seventy percent were told about their role in court as a witness, while about two-thirds (66%) were told about the role of the Crown Attorney, and just over one half (57%) were told about the criminal justice process in general.
Victim services were the main source of this information; more than three-quarters of victims reported that victim services personnel informed them about their role as a witness and about the criminal justice process in general. Victim services also provided information about the Crown Attorney's role in about two-thirds of cases, although in just over one-third of cases the Crown Attorney handling the case provided this information. Almost all victims were informed in person. Table 19 provides details.
| Information Received Where Accused was Charged: | Number of Victims Who Received Information | Percent of Victims Who Received Information |
|---|---|---|
| The criminal justice process in general | 58 | 57% |
| Victim's role in court as a witness | 71 | 70% |
| Crown Attorney's role | 65 | 64% |
A small proportion of victims who received general information about the criminal justice system were critical of the information they received. About one-tenth reported that they received only minimal information and would have liked to receive more. A few said that the information they were given was vague or inaccurate. Another one-tenth said that they were informed too late or received information only as court proceedings were unfolding, the unpredictability of which they found stressful.
Information about Bail
Victims who were involved in a case where charges were laid (n=102) were also asked several questions about the information they received about bail. Two-thirds (65 or 64%) reported that they were told whether the accused was released on bail. In cases where bail was granted (n=83), just over half of victims were informed about when the accused was released (55%) and about conditions of release (57%). Table 20 provides details.
| Information Received About Bail: | Number of Victims Who Received Information | Percent of Victims Who Received Information |
|---|---|---|
| When accused was released on bail | 46 | 55% |
| Conditions of bail | 47 | 57% |
Police were the main source of information about bail; they provided information about whether, and when, the accused was released in over half of cases; and information about conditions of release in more than 60% of cases. Victim services provided this information in approximately one-third of cases. Information about bail was relayed to victims by telephone in about 60% of cases.
Approximately one-tenth of victims reported that although they received information about bail, they had to take the initiative to call the police, the court, or the Crown Attorney to request it.
A few victims said that the information they received was insufficient or incomplete (e.g., one victim reported having been told about conditions, but not what an undertaking was; another said that the reason for the release of the accused was not explained). A small number found out about the accused's release through the news media or through friends or family members, and two reported that they were given information only after the release of the accused.
Information about Pleas
Victims who were involved in a case where charges were laid (n=102) were also asked about the information they received with respect to pleas. About 60% of these victims reported having been told whether the accused pleaded guilty. This information was equally likely to have come from the Crown Attorney, the police, and victim services; and was provided by telephone and in person in about 40% and 33% of cases, respectively.
Of the 42 cases where agreements were made with the accused to plead guilty, half (21 or 50%) of the victims reported having been told of these agreements. The Crown Attorney was the most frequent source of information about plea agreements (n=9), followed by police (n=7) and victim services (n=6). A small number of victims were present in court at the time the guilty plea was entered or said that they were informed that the accused would plead guilty just prior to when they would have given their own testimony in court.
Information about the Trial
Victims who were involved in a case that went to trial (n=36) were asked several questions about the information they received about the trial. With three exceptions, all were told whether there was a trial and about important trial dates. About two-thirds were told about changes in trial dates and received updates on their case, while all but seven said that they were told the outcome of their case. Table 21 provides details.
| Information Received About Trial: | Number of Victims Who Received Information | Percent of Victims Who Received Information |
|---|---|---|
| Whether there was a trial | 33 | 92% |
| Important trial dates | 33 | 92% |
| Changes in trial dates | 23 | 64% |
| Updates on the case | 22 | 61% |
| Outcome of the case | 29 | 81% |
Victim services were the main source of information about trials, followed by the Crown Attorney; these two agencies provided this information in about 60% and 20% of cases, respectively, with the exception of information about the trial outcome. Information was provided by telephone in about 60% of cases and in person in about 20%. Information about the outcome of the trial was provided by victim services in almost half of cases. However, almost as many victims found out about the outcome of the trial because they were present in court at the time of the disposition.
A small number of victims received trial information through the police, through a subpoena, through the court registry, or in court.
Information about Sentencing
Victims involved in a case where the accused pleaded guilty or was convicted (n=72) were asked several questions about the information they received about sentencing. The majority reported that they were informed about the date of the sentencing hearing (78%) and about the sentence (83%). In cases where the offender received probation (n=40), 83% of victims said that they were told whether conditions were placed on the offender. Table 22 provides details.
| Information About Sentence: | Number of Victims Receiving Information | Percent of Victims Receiving Information |
|---|---|---|
| Date of sentencing hearing | 56 | 78% |
| The sentence | 60 | 83% |
In over half of the cases, victim services provided information about the date of the sentencing hearing; in about one-third of the cases, victims learned the date of the hearing because they were present in court. With respect to the sentence itself, about half of the victims were present in court at the time the offender was sentenced, whereas victim services provided this information in about one-third of cases. In cases where the offender received probation, victims were most likely to have been informed about conditions by victim services, although almost as many found out in court. Victims who were not present in court were about equally as likely to receive the sentencing information (including hearing date, sentence details, and probation information) in person as by telephone. Two reported that they learned about the sentence in the media.
Information about the Offender's Incarceration
Victims involved in a case where the offender was sentenced to jail time (n=33) were asked several questions about the information they received about the incarceration. Fifty-eight percent said that they were told where the offender was incarcerated. Two-thirds (67%) were told the date the sentence began, and 82% were told the length of the sentence. In cases where the offender was moved (n=28), 43% of victims were told the offender's new location. Table 23 provides details.
| Information About Incarceration: | Number of Victims Receiving Information | Percent of Victims Receiving Information |
|---|---|---|
| Where offender was incarcerated (if incarcerated) | 19 | 58% |
| Date sentence began | 22 | 67% |
| Length of sentence | 27 | 82% |
Victims reported receiving information about the offender's incarceration from a variety of sources. Information on where the offender was incarcerated was most often provided by victim services. Several victims received this information from other sources such as the police, the Crown Attorney, or the victim liaison coordinator at the correctional institution; and a few found out in court. In most instances where the offender was moved and victims were informed about the relocation, a victim liaison coordinator provided the information.
Victims most frequently learned about the date the sentence began and the length of the sentence because they were present in court at the sentencing hearing. However, a few received this information from other sources, such as victim services, the Crown Attorney, the police, or a victim liaison coordinator. Except for those who were present in court, most received information about the offender's incarceration by telephone.
Information about Parole
Of the 25 victims who were involved in a case where the offender was eligible for parole, 11 victims (44%) received information about the offender's parole eligibility. Of those who were involved in a case where a parole hearing had been set or had already occurred (n=20), one-third were informed about the dates of the hearing. In instances where parole had been granted (n=18), eight victims (44%) were informed about release dates; six (33%) were informed about conditions imposed on release; and five (28%) were informed about the offender's destination on release. Table 24 provides details.
| Information on Parole Conditions: | Number of Victims Receiving Information | Percent of Victims Receiving Information |
|---|---|---|
| Release date | 8 | 44% |
| Conditions imposed on release | 6 | 33% |
| Destination of offender on release | 5 | 28% |
Information about parole came from either the victim liaison coordinator at the correctional institution, the victim liaison coordinator attached to the local parole office, or the National Parole Board (NPB). The information was provided either by telephone or via a personal letter.
3.3.1 Overall Satisfaction with Information Provided and Suggestions for Improvement
All victim respondents were asked about their overall satisfaction with the way in which information was provided to them. Just over 60% agreed that, in general, they received a sufficient amount and type of information and that they received the information in a timely manner.
Several singled out victim services or police as being particularly helpful in providing information. A few victims said that Crown Attorneys were helpful, and just as many said that Crown Attorneys were unhelpful. Those who were dissatisfied, most often explained that the information was limited, inaccurate, or confusing. Other sources of dissatisfaction included having to initiate contact with a criminal justice professional or seek out information on their own and receiving inconsistent information because of turnover in the investigating officer, Crown Attorney, or victim services worker dealing with the case.
Victims were also asked how the provision of information could be improved. The most common suggestion was regular contact and follow-up by police and Crown Attorneys to keep victims abreast of developments. Another common suggestion was that information be provided by a single source (such as a designated victim advocate or liaison) throughout the entire criminal justice process; some victims observed that receiving information from a variety of different sources often leads to confusion.
Other suggestions included providing information in a more timely manner; providing more information at the outset of the victim's involvement with the criminal justice system; and providing more detailed information or more information in print form. Several victims mentioned a need for counselling and public education.
As shown in Table 25 below, when asked what kinds of information victims of crime most want to receive, victims most often mentioned updates on the status of the police investigation and their court case (mentioned by over 40% of victims). One-third wanted information about the criminal justice system in general, while less than one-fifth mentioned each of: information about the accused; information about the victim services available to them; information about possible outcomes and case time lines; and information about safety protections for victims.
| Information Victims Most Want to Receive: | Victims (N=112) | |
|---|---|---|
| Number | Percent | |
| Case updates or information on the status of investigation | 49 | 44% |
| General information about the criminal justice system | 37 | 33% |
| Information about the accused | 19 | 17% |
| Information about available victim services | 17 | 15% |
| Information about possible outcomes or time lines | 15 | 13% |
| Information about safety protections for victims | 12 | 11% |
| Information about victim rights or options | 3 | 3% |
| Other | 17 | 15% |
| Don't know or No response | 9 | 8% |
Note: Victims could provide more than one response; total sums to more than 100%.
Victims were divided on the best way by which to provide this information. Approximately equal numbers prefer to receive it in person and by telephone. Less than one-fifth believe that a personal letter or brochure is the best method of providing the information.
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