Vps Guide Cjs Practitioners

7/28/2019 Vps Guide Cjs Practitioners

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A guide or police

ofcers, investigatorsand criminal justicepractitioners

VPS. Every crime has a victim.

Every victim deserves a voice.

VictimPersonal

Statements


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Contents

About this guide 01

About the VPS 03

Taking a VPS 07

How the VPS works in practice 16

More information 24

Victim Personal Statements


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About this guide

This guide explains the benefts o the Victim Personal

Statement (VPS) and the important role it plays in

helping victims o crime. It also gives practical details

o how to take a VPS. As practitioners, its important to

make sure that all victims are given the chance and

choice to make a VPS.

Who is the guide or?This guide is or anyone who might be involved in the VPS process includingpolice ofcers and investigators, as well as sta rom the Crown ProsecutionService (CPS), Witness Care Units and the courts. It particularly ocuses onhelping police ofcers to explain to victims why they might want to make a VPS.

What does the guide cover?

The guide begins with a brie outline o the VPS. It explains how vital thepolice ofcers role is in making sure that victims understand the schemeand what its many benefts are.

The guide also has specifc sections on: takingaVPS howtheVPSworksinpractice wheretondmoreinformation.

Why is the guide important?

The VPS allows victims to explain the impact the crime has had on their lives.Research shows that victims who were oered the chance to make a VPS weremore likely to be satisfed with their overall experience o the Criminal JusticeSystem. Research also shows that the individual police ofcers understanding andexplanation o the scheme is crucial to the victims decision to make a VPS.

This guide gives police ofcers all the inormation they need to explain tovictims what is involved in making a VPS. This helps victims to make aninormed decision about whether to make one.

A guide or police ofcers, investigators and criminal justice practitioners 01


4/2802 Victim Personal Statements


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About the VPS

The VPS gives victims an opportunity to tell the criminal

justice agencies and the magistrate or the judge about

the eect a crime has had on their lives.

It also helps the criminal justice agencies to understand

ully the impact that the crime has had on the victim

so that they can make decisions about the case.

The VPS is optional. No pressure should be put on victims

to make one if they dont want to. However, its important

that the victim understands the benefts o making one.

Please note that even though the VPS is sometimes reerred to as a VictimImpact Statement, the correct term is the Victim Personal Statement.

What is the VPS?

A VPS is a statement written in the victims own words. It is dierent to thewitness statement, which is a written or video-recorded account o whathappened to the victim. The VPS can be taken at the same time as thewitness statement, but it can also be taken at a later stage.

It can be used to: explaintheeffectthatthecrimeishaving(orhashad)onthevictims

lie physically, emotionally, fnancially or in any other way expressconcernsaboutintimidationfromthesuspect expressconcernsaboutthesuspectbeinggrantedbail askforsupportfromVictimSupport requestcompensation(you,asapoliceofcer,willalsoneedtocomplete

orm MG19).

The statement orms part o the case papers so i the case goes to court,the VPS will be sent to the deendants solicitor.



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Does the VPS make a dierence?

The VPS can make a lasting and positive dierence to victims. It can alsoaect how they eel the police and Criminal Justice System are dealingwith their case.

The VPS can inorm decisions on whether it is in the public interest or the

CPS to charge an oender as well as whether the deendant should begranted bail.

The VPS can also be used or sentencing. When passing sentence, thejudge will consider how the victims lie has been aected by the crime along with all the other evidence in the case and the relevant sentencingguidelines. However, the opinions o the victim or the victims closerelatives on what the sentence should be are not relevant. Victims shouldbe advised o this.

I victims eel that they are being treated in a sympathetic and sensitiveway, this will be refected in stronger community relations between thepolice and local people.

Over 60 per cent o those who made a VPS elt it had a positiveeect on their experience o the Criminal Justice System.

Witness and Victim Experience Survey data

Your role in the VPS process

As a police ocer or criminal justice practitioner, you may eel that youalready have a lot o paperwork to deal with. But your role in the VPSprocess is a vital one. I you take the VPS at the same time as the witnessstatement, it shouldnt take much longer.

Police ofcers

As a police ocer, your priority is to support victims o crime and helpthem through a dicult time. The VPS will give you the opportunity todo just that. Victims are more likely to make a VPS when the scheme isclearly explained to them, so its important that you know how it works.It is your responsibility to prompt victims to make a VPS and answer anyquestionstheymighthaveaboutit.

The victim will look to you or guidance and support, particularly in thehours ater the crime is reported.

04 Victim Personal Statements


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By supporting victims to make a VPS, you are also helping to: placethematthecentreofpolicing makethevictimfeelmoreinvolvedinthehandlingoftheircase useviewsexpressedbyvictimstoinformdecisionsonbailandbailconditions identifydirectintimidationorfearofintimidationandmitigateit buildpubliccondenceintheCriminalJusticeSystemoverall.

Criminal justice practitionersAs a criminal justice practitioner, your role is to make sure that the VPSis a core piece of information that is used to inform a range of decisions,including bail and compensation.

A VPS helps to develop a stronger and more customer-ocusedpolice service.


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Taking a VPS

In this section, youll fnd out more about how and when

to take a VPS.

Who can make a VPS?

All victims o a crime have the opportunity to make a VPS i they want to.It is very important that you oer every victim the chance to make a VPS.

The VPS is designed to support an individual victim and is not a schemeor large companies or businesses (although it does apply to small

businesses see below).

A VPS can also be made by: bereavedrelativesorpartnersinhomicidecases bereavedrelativesorpartnersinfatalroadtrafccasesleadingto

criminal action parentsorcarerswheretheprimaryvictimisachildorvulnerableadult ownersormanagersofsmallbusinessessuchasshops.

Bear in mind that victims may be in a state o shock or anxietywhen you take their VPS. Make sure that you careully explainthe purpose and limitations o the VPS.

Do all victims have to make a VPS?

Not every victim will want to make a VPS. Every victim is aected in a dierent

way and wants to express what they eel in a way they are comortablewith. For example, since the VPS is disclosed to the deence, some victimsmay not want to talk about the impact o the crime against them.

Even though you must ully explain the scheme to every victim, you mustnot put any pressure on a victim to make a VPS. Make sure they knowthat they can make one at a later date i they want to.

However, take note that many deendants plead guilty and are dealt withat the frst hearing. I this happens, there will be no opportunity or the victimto make a VPS later in such cases. This needs to be made clear to them.



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Its also important that you do not draw any conclusions i a victim decidesnot to make a VPS. It wouldnt be right to assume, or example, that thevictim is unaected by the crime because they choose not to make one.

In some cases, a victim might simply use the VPS as a way to register theirwish or victim support. This is perectly acceptable.

Talking to victims about the VPS

1. Give all victims a copy o the Making a Victim Personal Statementleafet,so they can read about the scheme or themselves. Make sure that youleave ull details o a police contact on the back page o the leafet incase they want to get back to you. This might be a central contact pointor your own contact details.

2. The VPS is optional no one has to make one i they do not want to.However, victims can change their minds and make one at a later stage.

3. I a victim decides not to make a VPS, it will not aect the way in which thecase is investigated.

4. Once signed, the VPS becomes part o the case papers and cannot bewithdrawn. But the victim can submit urther statements i they want to addto, or amend, the previous one.

5. The VPS will be disclosed to the deence team but the victims contactdetails will not be included.

6. The court will take into account the eect that the crime has had on thevictim along with all the other evidence in the case and the relevantsentencing guidelines. The VPS can also be used to inorm bail andcharging decisions. Even though the court will consider the VPS whenmaking decisions on sentencing, it wont take into account the victims(or the victims close relatives) opinions on what the sentence should be.

7. The VPS will orm part o the case le and will be passed by the policeto the CPS.

8. I a victim does not want to make a VPS at the same time as their mainwitness statement, they can, i they want, make a statement at a laterstage. I the case is going to court, it might be useul or the victim to

consider updating their VPS because the ull impact o the crime maynot have become apparent until later.



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If the victim is a child Youneedtoexplaintothechildaswellastheirparentsorcarerswhat

a VPS is, in a way theyll understand. Intherstinstance,offerthechildtheopportunitytomakeaVPS. Ifthechildisveryyoungorlearningdisabled,youshouldconsider

consulting the parent or carer about whether they, the child or bothof them should make the VPS.

IfaVPSistakenatthesametimeasthemainwitnessstatement,theVPSshould be taken in the same format (either written or video-recorded).However, if a VPS is taken at a later stage, it should always be taken ina written format unless there are exceptional circumstances.

Remembertoaskwhichparentorcarerthepoliceshouldcontactinfuture.

More guidance on Victim Personal Statements for child witnesses isavailable in paragraphs 2.1242.129 of the Achieving Best Evidenceguidance at http://frontline.cjsonline.gov.uk

If the victim is a vulnerable adult ExplaintothevictimwhataVPSis. Intherstinstance,offerthevictimtheopportunitytomakeaVPS. IfitwouldbemoreappropriateforthecarertoprovideaVPS,you

should consult the carer about whether they, the victim or both ofthem should make the VPS.

IfaVPSistakenatthesametimeasthemainwitnessstatement,theVPS

should be taken in the same format (either written or video-recorded).However, if a VPS is taken at a later stage, it should always be taken ina written format unless there are exceptional circumstances.

Remembertoaskwhichcarerthepoliceshouldcontactinfuture.

More guidance on Victim Personal Statements for vulnerable adults isavailable in paragraphs 3.1463.150 of the Achieving Best Evidenceguidance at http://frontline.cjsonline.gov.uk

When is the best time to take a VPS?

The VPS can be taken: atthesametimeasyoutakethemainwitnessstatement atalaterdateatthevictimsrequest.

A victim can make a statement at the same time as they givetheir main witness statement, at a later date, or at both times.
http://frontline.cjsonline.gov.uk/http://frontline.cjsonline.gov.uk/http://frontline.cjsonline.gov.uk/http://frontline.cjsonline.gov.uk/


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Taking a VPS at the same time as the witness statement

Make sure that you give all victims the Making a Victim Personal Statementleafet. You also need to talk through the VPS process with the victim, asoutlined on pages 79.

I the victim decides to make a VPS

I the victim decides that they want to make a VPS, you can use thesame orm as or the witness statement (orm MG11).

Some MG11 orms include a specic section to add the VPS. I yours doesnt,simply rule a line underneath the evidential section o the orm this is tokeep the VPS separate rom the main witness statement.

I a ull witness statement was not taken (or example, in cases dealt withby the streamlined process), record the VPS on the MG11 orm in the

same way as you would record an evidential statement. Its importantthat you take the VPS as early as possible, as streamlined process casescanbeheardincourtveryquickly.

Beore taking the VPS, you need to include a declaration or the victim tosign. The declaration should be something along these lines:

I have been given the Making a Victim Personal Statement leafet andthe Victim Personal Statement scheme has been explained to me. Whatollows is what I wish to say in connection with this matter. I understandthat what I say may be used in various ways and that it may be disclosedto the deence.

I the witness statement was taken as a video-recorded interview, the VPSshould be taken in the same ormat, and on the same recording. To makesure that theres a clear break between the two statements, the interviewershould either clearly announce the change or include a still image

or example, the police orce logo.

Remember, some victims might not want to make a VPS abouthow the crime has aected them. This is perectly acceptableand you should not draw any conclusions i they dont.



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I the victim decides notto make a VPSI the victim decides not to make a VPS, you need to remind them that theycan change their mind and make one later on i they want to. To do so,they just need to contact you at the contact number you have providedon the back page o the Making a Victim Personal Statementleafet.

I the victim objects to their personal details being passed on to other

criminal justice agencies or to Victim Support, you should record this onthe witness statement. You also need to explain that they can changetheir mind later on i they want to.

Make sure that the victim knows that they shouldnt delaymaking a VPS longer than necessary. I a deendant pleadsguilty at the rst hearing, the deendant may be sentenced

beore the victim has made a VPS.

When the victim is not able to make a witness statementThere are circumstances when the victim may not be making a witnessstatement (or example, the bereaved next o kin o homicide or roadtrac collision victims). In these cases, the bereaved can make a VPS ata later stage (see opposite).

Similarly, in road trac collisions a witness statement may not always betaken on an MG11 orm. However, a VPS should be taken i a crime issuspected and the victim was injured.

It is important that a victim knows how to get in touch with you.The correct contact details should be clearly stamped orhandwritten on the back page o the Making a Victim Personal

Statementleafet.

What happens next?The victim signs form MG11The VPS is, like the main witness statement, subject to Section 9 o theCriminal Justice Act 1967. This means that when the victim signed thewitness statement declaration, that declaration also covered the VPS.



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The VPS will be disclosed to the defence

It is important that the victim understands that their VPS will orm part othe case papers. So i the case goes to court, the VPS will be disclosed tothe deence (which means that the deendant and their lawyers will see it).

Thecourtorthedefencecouldaskthevictimquestionsaboutthecontento their VPS to clariy or challenge certain points.

The victim cannot withdraw the statement

Once the statement is completed and signed, a VPS (like any other ormalstatement) cannot be altered or withdrawn i the victim has secondthoughts about what they have said.

However, a victim may submit a urther personal statement to oer clarifcationor correct anything said in the statement.

Taking a VPS at a later stage

A victim may want to make a VPS at a later stage because they: havechangedtheirmindandnowwanttomakeaVPS couldntmakeaVPSearlierbecausenomainwitnessstatementwas

taken (or example, i they are the bereaved next o kin o homicide orroad trafc collision victims)

wanttoexplainthelonger-termimpactthecrimehashadontheirlives.

TheWitnessCareUnitmayalsorequestyoutore-visitthevictimtotakeaVPS when they are preparing victims or a court case. It is their job to askevery victim who is going to court i they have been oered the chanceto make a VPS and whether they want to make one or update theirprevious one.

Once you are contacted by a victim, it is important that youmake the arrangements to take the VPS as quickly as possible.

Remind the victim o the key pointsYou should remind the victim about the key points o the VPS andmake sure that the victim understands what it means to make a statement(as outlined in the box Talking to victims about the VPS on pages 8 and 9).

You also need to make sure that the victim understands that they cannotwithdraw their VPS, and that it will be disclosed to the deence i the casegoes to court.



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Use the standard MG11 ormA later-stage VPS should always be taken in written ormat, and on a newMG11 orm unless there are exceptional circumstances. You need to submitthe orm to the CPS, making sure that it includes the necessary details sothat it can be correctly linked with the case papers.

Ask the victim to read and sign the declaration at the start o the statement.

The words are similar to those o the declaration on a VPS taken at thesame time as the main witness statement:

I have been given the Making a Victim Personal Statement leafet and theVictim Personal Statement scheme has been explained to me. What ollowsis what I wish to say in connection with this matter [in addition to what I saidin my previous Victim Personal Statement]. I understand that what I say maybe used in various ways and that it may be disclosed to the deence.

But i this is the victims frst statement, delete the words in addition towhat I said in my previous Victim Personal Statement.

Beore you take a later-stage VPS, check on the progresso the case. I the CPS has already charged a suspect, youmay need to contact the CPS to see whether there are anycase-handling issues to keep in mind. This is because theCPS is now responsible or the case.

Ask the victim to explain why they are making a statementYou also need to ask the victim to briefy explain why they are making astatement. This could be because: thelonger-termeffectsofthecrimeareonlynowbecomingapparent therehasbeenalesserorgreaternancialloss

theywishtoexpresslegitimateconcerns,suchasfeelingvulnerable,fearful,intimidated or worried about the alleged oender being granted bail.

What happens immediately ater taking a statement?

Ater you take the VPS, make sure that the victim has signed and dated it.

It is then your responsibility to make sure that it is linked to the other case

papers as soon as possible.



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How the VPS worksin practiceHow a VPS might read

SalimSalim is a taxi driver. In the early hours of a Sunday morning in January, hecollected four male passengers outside a nightclub. During the journey,he was continually subject to racist remarks. On reaching the destination,the four males got out of the cab without paying the fare. When Salimchallenged them, one of the men picked up a tree branch, threatenedhim and smashed the front window of his taxi. The four males then left.Salims statement was taken two days later:

I have been given the Making a Victim Personal Statement leafet andthe Victim Personal Statement scheme has been explained to me. Whatollows is what I wish to say in connection with this matter. I understandthat what I say may be used in various ways and that it may be disclosedto the deence.

I have always been worried about collecting young male passengers inmy taxi and, or the duration o every journey, I am on edge until theypay me and leave. I put up with a lot o racist remarks and I am quiteused to it, but this time I ound it much worse than usual. I eel that thereason why this male assaulted me is because I am Asian.

My boss has told me that he will need to change the ront window as well

s

as the interior o the car, as the young men dropped ood that letpermanent stains.

I have not been working since the incident, and I am worried aboutstarting again.

16 Victim Personal Statement


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Three weeks after the incident, Salim decided to make a second VPS:

I have been given the Making a Victim Personal Statement leaet andthe Victim Personal Statement scheme has been explained to me. Whatollows is what I wish to say in connection with this matter, in addition towhat I said in my previous Victim Personal Statement. I understand that

what I say may be used in various ways and that it may be disclosed tothe deence.

Since my frst VPS, I have elt increasingly nervous about my job. I couldntwork or the frst week while my car was being repaired. Once I startedworking again, I constantly eared that I would be insulted or assaulted,or that they would try to run o at the end o the journey without payingthe are. I was convinced that every passenger would become violent orthreatening towards me.

I stopped picking up young people. I also started steering clear o certainlocations that I elt were dangerous places where people would bedrinking or where there would be a lot o young people. I stopped drivingwhen it became dark. As a result, the money dropped to about hal theamount that I used to make.

I elt, and I still eel, like a constant target because Im Asian.

Ive now come to a point where Im araid o going to work, and Ivebeen o work or the past two weeks. I have recurring nightmares and Idont want to go out late at night. I have a wie and three children andIm the sole breadwinner. I cant aord to stay away rom work, but myanxiety makes it impossible or me to go back.

I am hoping that I may be compensated or my car repairs, as well as thetime that Ive taken o work.

This girl was wounded by our other emales, all her riends.The girl was known to us shed been in a lot o trouble beore so I didnt think the assault had aected her. But when I readher VPS, I realised that it really had. I think the statement madeher eel like she was taken seriously, like she was understood

and respected.Police ofcer



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Robert

Robert was assaulted a few streets away from his house in Chester lastNovember. The assault was unprovoked, and Robert did not know theattacker, who ran off when a cab driver turned into the street. Robert wasadmitted to hospital and detained overnight. The following statement wastaken the day after the assault.

I have been given the Making a Victim Personal Statement leaet andthe Victim Personal Statement scheme has been explained to me. Whatollows is what I wish to say in connection with this matter. I understandthat what I say may be used in various ways and that it may be disclosedto the deence.

The assault took place near my home, and has let me shocked and inear. Im in a lot o pain and have to take pills to try and ease it. My bodyaches continuously and sleeping is difcult because o the pain. I cantsee properly because o the cuts and bruises around my eyes.

Every time I close my eyes I see the man who attacked me. Then I eelso rightened. I thought he was going to kill me and I dont know why.I dont want to leave the house in case he sees me and attacks me again.But Im scared to be home because the man could be somewherenearby. I dont know how Im going to get on with lie.

Four weeks following the assault, Robert decided to make a furtherstatement. This was to record the effect the crime had had on him in thetime following the attack.

I have been given the Making a Victim Personal Statement leaet and

the Victim Personal Statement scheme has been explained to me. Whatollows is what I wish to say in connection with this matter, in addition towhat I said in my previous Victim Personal Statement. I understand thatwhat I say may be used in various ways and that it may be disclosed tothe deence.



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I was admitted to hospital overnight ater the attack. I suered theollowing injuries:

cuts to both my eyebrows which resulted in fve stitches to each cut bruising and swelling to both my eyes and ace

bruising to my chest headaches and general pain and discomort to my head and upper

body. This lasted or a three-week period and I had to take regular

painkillers.

(Please view the ull medical report.)

Since the incident I have been suering rom the ollowing eects:

Health

Recurring nightmares relating to the attack. I requently dream thatI am being punched and kicked, and have been shouting out in mysleep. Prior to this incident I have always slept soundly.

When I am at home alone I have to check that the doors and windowsare locked because I am araid someone will break in and attack me.This is making me eel paranoid.

I constantly eel very anxious and nervous. I had to call out the GPfve days ater the attack as I was having panic attacks and eelingunsteady on my eet.

Social I am araid to walk the short distance to my sisters house, or go into

town on my own, in case my attacker sees me and attacks me again.

I no longer go out at night or the occasional drink with workcolleagues as I am araid to stay out ater dark.

I have become withdrawn and quiet since the attack, and spendmost o my time at home now. This has had a detrimental eect on myrelationship with my wie.

EmploymentI had to take two weeks o work due to the injuries that I sustained duringthis attack. I was physically unable to carry out my work during this time.



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This girl had her camera and phone stolen rom her bag.When I was called in, I didnt think much o it just a kidwhod lost her phone. But she wrote a VPS about the picturesthat were on her camera and how much they meant to her,and it made me understand. The case went to court and theVPS was used there.

Police ofcer



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More inormation

For more inormation about the VPS, please visit

the CJSonline and Frontline Matters websites.

Other leafets that you may nd useul

Lord Chie Justice Practice Directions to the legal proession on the VPSwww.hmcourts-service.gov.uk/cms/933.htm

Inormation rom the Parole Board on the VPSwww.paroleboard.gov.uk/victims_and_amilies/making_a_victim_

personal_statement

Inormation rom the CPS on the VPSwww.cps.gov.uk/victims_witnesses/reporting_a_crime/victims_personal_statement.html

Useul organisations

Victim SupportVictim Support is an independent charity which helps people copewith the eects o crime. Victim Support provides ree and confdentialsupport and inormation to help victims deal with their experience.

Go to www.victimsupport.org.ukCall the helpline on 0845 30 30 900

Witness Care Units

The Witness Care Units provide a single point o contact or the majorityo victims and witnesses to minimise the stress o attending court and tokeep victims and witnesses up to date with any news. Witness Care Unitsare jointly staed by the police and the CPS.

Go towww.cps.gov.uk/news/act_sheets/witness_care_units

http://www.hmcourts-service.gov.uk/cms/933.htmhttp://www.paroleboard.gov.uk/victims_and_families/making_a_victim_personal_statementhttp://www.paroleboard.gov.uk/victims_and_families/making_a_victim_personal_statementhttp://www.cps.gov.uk/victims_witnesses/reporting_a_crime/victims_personal_statement.htmlhttp://www.cps.gov.uk/victims_witnesses/reporting_a_crime/victims_personal_statement.htmlhttp://www.victimsupport.org.uk/http://www.cps.gov.uk/news/fact_sheets/witness_care_unitshttp://www.cps.gov.uk/victims_witnesses/reporting_a_crime/victims_personal_statement.htmlhttp://www.paroleboard.gov.uk/victims_and_families/making_a_victim_personal_statementhttp://www.cps.gov.uk/news/fact_sheets/witness_care_unitshttp://www.victimsupport.org.uk/http://www.hmcourts-service.gov.uk/cms/933.htm


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Published by the Ofce or

Criminal Justice Reormin October 2009.

Documents

Vps Guide Cjs Practitioners