Multi-Site Survey of Victims of Crime and Criminal Justice Professionals across Canada: Summary of Victims of Crime Respondents

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Appendix A : Interview Guide for Victims of Crime

LOCATION OF INTERVIEW (CITY)

I'd like to thank you for helping us with this study of victims of crime. The study is funded by the Department of Justice Canada, and its purpose is to gain a better understanding of the experiences of victims of crime in the criminal justice system. The information gathered by this study will help the government learn what types of assistance are helping victims and where improvements can be made.

Before we begin, I would like to remind you that your participation in this interview is completely voluntary. If I ask you a question that you don't want to answer, please let me know and we will move on to another question. Also, you can end the interview at any time.

What you say today will be kept confidential. The report about this study will be a summary of hundreds of interviews and will not contain any information that might identify you.

Before we begin, do you have any questions or concerns?

INTRODUCTION

• 1. I'd like to begin with a general question about how the police, Crown attorneys, and the courts deal with victims of crime. Overall, would you say the criminal justice system does a good job or a poor job of considering victims of crime?
• 2. Would you please tell me what the crime was that you agreed to discuss for this study? Was it committed against you personally or against a family member? Who committed the crime?
• 3. Where did the crime occur (city and province), and in what year?
• 4. During what year(s) were you involved with the criminal justice system as a result of this crime?

VICTIM SERVICES

The next questions deal with whether you received any assistance from victim services and if so, what was available and useful to you?

• 5. Did you (or family member) receive any victim assistance as a result of this experience? [If no, go to Q9]
• 6. [If yes to Q5] What kind of assistance did you (or family member) receive (e.g., crisis assistance, medical assistance, counselling, financial assistance, assistance with housing or women's shelter, court support, assistance with understanding the criminal justice system, other)? Was the assistance helpful? What was most helpful about the assistance you received?
• 7. [Under this question, we also coded the type of victim service received] How did you (or family member) find out about the service(s)? Was it offered by, or referred to you by police, prosecutor, court, other victim services, etc.? Or did you find out about it from a friend, from family, or some other way (e.g., Internet, phonebook, pamphlets)?
• 8. How easy was it go get services? Were you (or family member) contacted by a victim service? Did you (or family member) have to initiate contact? Was assistance available promptly, or did you (or family member) have to wait? How long?
• 9. [Ask only of those who did not receive victim services] Do you recall why you did not receive any type of assistance from any victim services? (Were services not available, not appropriate, other reasons?)
• 10. [Ask of everyone] Based on your experiences, what do you think would be the best way to help victims of crime find the assistance they need? (e.g., Would you prefer that you be given a phone number of a service to contact on your own, or would you prefer that your name be given to the services and that the services contact you? And when should this happen?)

INFORMATION FOR VICTIMS

The next questions concern the information a victim of crime might receive about the case. There are several points at which a victim of crime might receive information. Please tell me if you (or family member) received information on the various steps in the criminal justice process and if so, who provided it.

• 11. Do you know if someone was arrested for this crime? Do you know if charges were laid? Do you know the sentence of the offender?
• 12. If there was no arrest or no charges were laid, do you know why? Who explained to you why no arrest occurred or no charges were laid?

TO BE ASKED ONLY IF A SUSPECT WAS CHARGED

I'm going to list several areas where you might have received information. Please tell me A) if you received information, and if so, B) who provided you with the information, and C) how you were given the information (in person, telephone, in writing, letter, etc.).

• 13. Did anyone talk to you about your role in court as a witness? The role of the Crown prosecutor in handling the case? The Crown's relationship with you? Did anyone give you a general explanation of the criminal justice process?
• 14. Whether the accused was released on bail? When the accused was released on bail? Conditions of bail, if any? (e.g., non-communication order, etc.)
• 15. Whether the accused pleaded guilty? Whether there were any agreements made with the accused to plead guilty?

TO BE ASKED ONLY IF THERE WAS A TRIAL

• 16. Whether there was a trial? Important trial dates? Changes in trial dates? Updates on case? Outcome of the case?

TO BE ASKED ONLY IF THERE WAS A CONVICTION/GUILTY PLEA

• 17. Date of sentencing hearing? Sentence? If probation, conditions if any?

TO BE ASKED ONLY IF THE OFFENDER WAS INCARCERATED

• 18. Where the offender was incarcerated? If moved, where moved to? Date sentence began? Length of sentence?
• 19. (If applicable) Parole eligibility and dates of hearings? Release dates? Conditions imposed on release? Destination of offender on release?

TO BE ASKED OF EVERYONE

• 20. Were you satisfied with the way in which information was provided to you (at the various levels)? In general, did the information you received meet your needs (e.g., amount and type of information; timeliness of getting the information)? If not, how could providing information to victims of crime be improved?
• 21. Based on your experience, what kind of information do you think victims of crime most want to receive and why? How would that information best be provided?

LEGAL PROVISIONS

Now, I'd like to talk with you about certain laws that have been designed to benefit victims of crime. Some of these laws have only existed since 1999, and so they might not have applied to your situation.

Consideration of victim safety at bail hearings

TO BE ASKED ONLY IF SUSPECT WAS ARRESTED AND CHARGED

• 22. What information did you receive about bail decisions? Were you aware that victim safety must be considered in any decision about bail? Were you aware that certain conditions could be placed on the accused, like not having contact with the victim? Was anything about the information you received about bail unclear or incomplete? If yes, what was unclear or incomplete?
• 23. In your case, was the accused released on bail? Was the accused detained for any period of time before release? Were conditions placed on the accused? What were the conditions? Did the conditions address your concerns?
• 24. Do you believe that your safety was considered in the decision about the possible release of the accused until trial? If not, what occurred or did not occur that caused you to feel that your safety was not considered? Did you make your concerns with safety known to the police, justice of the peace, judge, or Crown? If so, how? If not, why not?

Provisions facilitating testimony

TO BE ASKED ONLY IF THERE WAS A TRIAL

Some victims are eligible for certain protections. Many of these protections have only been included in the law since 1999 and are intended for only certain crimes and for young victims, so you might not have had the benefit of these provisions. [INTERVIEWER: ASK ONLY WHERE THE PROTECTION SEEMS APPROPRIATE - ANY RESTRICTIONS ON THE PROTECTIONS ARE IN PARENTHESES]

• 25. Were you given information about any of the following types of protections:
  1. A publication ban where the identity of the victim cannot be disclosed to the public
  2. The possibility of testifying behind a screen or by closed circuit television (under 18 years of age or has difficulty communicating because of a mental or physical disability)
  3. The possibility of testifying by videotape (under 14 years of age or has a mental or physical disability)
  4. A self-represented accused cannot cross-examine a victim (under 18 years of age and case is a sexual offence, a sexual assault, or where violence against the victim is alleged to have been used, threatened, or attempted)
• 26. Who provided that information to you? Were you given this information with enough time to make the decision about using any of these protections?
• 27. What information did you receive about these protections? Was anything about the information you received unclear or incomplete? If yes, what was unclear or incomplete?
• 28. Did you testify at the trial of the accused?
• 29. (IF DID TESTIFY) I'd like to ask you some questions about your experience testifying. Did you receive help in preparing to testify? If yes, who helped you prepare to testify and what help did they give you? Did you feel that you were prepared for testifying? Why or why not?
• 30. I'd like to ask you whether you (or your child) received certain protections to help you testify. These are the same protections I mentioned earlier. Please remember that many of these protections have only been included in the law since 1999 and are intended for only certain crimes and for young victims, so you might not have had the benefit of these provisions. [INTERVIEWER: ASK ONLY WHERE THE PROTECTION SEEMS APPROPRIATE - ANY RESTRICTIONS ON THE PROTECTIONS ARE IN PARENTHESES] Did you receive any of the following protections?
  1. A publication ban where the identity of the victim cannot be disclosed
  2. The possibility of testifying behind a screen or by closed circuit television (under 18 years of age or has difficulty communicating because of a mental or physical disability)
  3. The possibility of testifying by videotape (under 14 years of age or has a mental or physical disability)
  4. That a self-represented accused cannot cross-examine a victim (under 18 years of age and case is a sexual offence, a sexual assault, or where violence against the victim is alleged to have been used, threatened, or attempted)
• 31. How did these protections help you in testifying?
• 32. (IF DID NOT TESTIFY) Did you have concerns about testifying? If yes, why were you reluctant to testify?
• 33. Do you have any suggestions for helping victims with testifying at trial?

[Please note that some victims mentioned that they received information on protections, even though the case did not go to trial. Their responses are included in the questions on protections]

Victim impact statements

TO BE ASKED ONLY IF SOMEONE WAS ARRESTED AND CHARGED

The next few questions are about victim impact statements. As you may already know, a victim impact statement is a written statement, prepared by the victim that describes the harm done or the loss suffered by the victim as a result of the crime. The court must consider the statement at the time of sentencing the offender. Parole officers must also consider victim impact statements in parole decisions. Since 1999, victims are entitled to read their statements aloud in court if they want to.

• 34. Were you given information about victim impact statements after the crime occurred? Who provided that information to you? How were you given the information (in person, telephone, in writing (brochures, letters))?
• 35. When were you provided the information about victim impact statements (immediately following the report to police, immediately after the arrest of the accused, just prior to the start of the trial, other)?
• 36. What information did you get about victim impact statements? Did the information explain victim impact statements so that you understood what you could include in a victim impact statement? Did the information explain how victim impact statements are used in court? Did the information tell you that your statement, once you submit it to the Crown, has to be provided to the defence counsel and the accused? Did the information explain victim impact statements so that you knew what you needed to do to give a victim impact statement? Was anything about the information you received unclear or incomplete? If yes, what was unclear or incomplete?
• 37. What do you think would be the best way to provide victims of crime information about victim impact statements (in person, telephone, or in writing (brochures, letters))? When should this be provided?
• 38. Before the offender was sentenced, did the judge ask you whether you had been given the opportunity to prepare a victim impact statement and provide it to the court?
• 39. Did you prepare a victim impact statement at sentencing? Did you prepare a victim impact statement at parole? Both?

IF DID GIVE AN IMPACT STATEMENT

I'd like to ask you some more specific questions about your experience in preparing and giving a victim impact statement.

• 40. At what stage did you submit a victim impact statement?

[AT SENTENCING]

• 41. Did you have any help preparing your statement? Who helped you? What kinds of help did they give?
• 42. Did you have any problems completing your victim impact statement? If yes, what were the problems?
• 43. To whom did you submit your victim impact statement (e.g., victim services, Crown)?
• 44. Since 1999, changes have been made which allow you to read a victim impact statement aloud. Were you told that you could read your statement? Did you read your statement aloud? If not, why not? Did you present your statement by videotape or any other way? Were you satisfied with how you were able to give your statement? If not, why not?
• 45. Why did you decide to prepare a victim impact statement? Are you glad that you prepared the statement? Why or why not?
• 46. What were your expectations of how the victim impact statement would be used by the court? Do you think that the judge considered what you wrote in your victim impact statement? (If yes or no) What leads you to believe this?

[AT PAROLE]

• 47. Did you have any help preparing your statement? Who helped you? What kinds of help did they give?
• 48. Did you have any problems completing your victim impact statement? If yes, what were the problems?
• 49. To whom did you submit your victim impact statement (victim services, parole officers)?
• 50. Did you read your statement aloud? Did you present your statement by videotape or any other way? Were you satisfied with how you were able to give your statement? If not, why not?
• 51. Why did you decide to submit a victim impact statement? Are you glad that you gave the statement? Why or why not?
• 52. What were your expectations of how the victim impact statement would be used by the Parole Board? Do you think that the federal parole officer/parole board considered what you wrote in your victim impact statement? What leads you to believe this?

IF DID NOT GIVE A STATEMENT

• 53. Why did you decide not to give a victim impact statement? Did you not know about these statements or feel that you did not know enough to feel comfortable giving one? Did you not feel comfortable giving one because of the possibility of being questioned by the defence or accused about your statement or because you knew that the offender would receive a copy of the statement? Did you find out about victim impact statements too late to prepare a statement?
• 54. Did you give the court information about the crime's effect on you in some way other than in a victim impact statement? If so, please describe how you gave this information to the court. Do you think that the judge considered this information? What leads you to believe this?

Restitution

TO BE ASKED ONLY IF THERE WAS A CONVICTION OR GUILTY PLEA

• 55. Did the court order restitution in your case?

[If they ask for a definition] In some cases when a court sentences an offender, the court may order the offender to pay restitution (money) to a victim for certain kinds of financial losses as a result of the crime.

• 56. If yes, were you given information about restitution after the crime was committed? Were you aware of restitution as a sentencing option? Who provided information about restitution? Did the information explain restitution so that you knew how to request it? Was anything about the information you were given unclear or incomplete? If yes, what was unclear or incomplete?
• 57. Did you receive the full amount of the restitution order? Did you bring a civil suit against the accused to enforce a restitution order? What difficulties, if any, did you have in enforcing the restitution order?

Victim surcharge

TO BE ASKED ONLY IF THERE WAS A CONVICTION OR GUILTY PLEA

The next questions are about the victim surcharge. As you may know, the victim surcharge is imposed automatically (unless it is waived due to undue hardships). The surcharge requires the offender to pay money, and that money is used to help support programs and services for victims of crime in that province or territory.

• 58. Were you aware of the victim surcharge? Who provided that information to you?
• 59. Was the offender in your case ordered to pay the surcharge? If not, do you know why not?

Conditional sentences

TO BE ASKED ONLY IF THERE WAS A CONVICTION OR GUILTY PLEA

I'd like to briefly talk about conditional sentences. When a court finds a person guilty of a crime, the person may be sentenced to time in prison or, in certain circumstances, may be allowed to serve the sentence in the community. As you may know, this is called a conditional sentence.

• 60. Was the offender in your case given a conditional sentence? Did you agree with that decision? Were you informed of the details of the conditional sentence (conditions, requirements, etc.)? Who provided that information?
• 61. What input should victims of crime have in the conditions attached to such a sentence?

Restorative justice processes

TO BE ASKED ONLY IF THERE WERE CHARGES LAID

I'd like to turn now to restorative justice processes. As you may know, restorative justice considers the wrong done to a person as well as the wrong done to the community. Restorative justice programs involve the victim(s) or a representative, the offender(s), and community representatives. The offender is required to accept responsibility for the crime and take steps to repair the harm he or she has caused.

• 62. Were you given information about restorative justice processes after the crime? Who provided that information to you?
• 63. What information were you given? (Did the information explain the restorative justice process, what the results of the process might be, what your role would be, what were the other ways that the case might be handled?)
• 64. Was a restorative justice process used in your case? Did you participate in the process? In what ways did you participate? (Was it direct or indirect participation?) Were you given any support during the process? If so, what kind of support and who provided it? Was the support helpful? Please explain.
• 65. Was your participation helpful or useful to you? Why or why not? Were you satisfied with the outcome? Why or why not?

CONCLUSION

I have just a few more questions for background purposes.

• 66. In what year were you/was the victim born?
• 67. Are you/Is the victim of Aboriginal ancestry?
• 68. What is your first language?
• 69. Do you have any other comments about your experiences in the criminal justice system as a victim of crime that you would like to share with those responsible for drafting legislation and developing policy?

Thank you very much for your participation in this research.

De-brief follows with Interviewer.

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