Policy regarding victim statements

Freedom of information request reference no: 01.FOI.23.032869

I note you seek access to the following information:

Please provide any materials concerning procedures for victim statements to be taken in victims’ homes. Is there a specific reason why officers visit victims homes to take victim statements pursuant to crime reports rather than letting them attend police stations or doing it by phone?

Furthermore are there provisions allowing victims to elect for statements to be given by phone either for convenience sake or due to special needs or situations involving their homes such as hoarding problems social anxiety or anxiety of and discretion concerning their housemates etc?

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Q1 - Please provide any materials concerning procedures for victim statements to be taken in victims’ homes. Is there a specific reason why officers visit victims homes to take victim statements pursuant to crime reports rather than letting them attend police stations or doing it by phone? Furthermore are there provisions allowing victims to elect for statements to be given by phone either for convenience sake or due to special needs or situations involving their homes such as hoarding problems social anxiety or anxiety of and discretion concerning their housemates etc?

There is no specific policy which governs whether a statement should be taken in a victim’s home or not; instead, several policies govern the rights of victims, and the practice of interviewing (for the purpose of police policy, obtaining an account from a victim in written format - a statement - is deemed an interview) including:

• Victim’s Code of Practice
• Investigative Interviewing Policy
• Achieving Best Evidence Manual
• Form 193

Victims are at the core of every criminal justice journey, and the minimum standards of care are outlined by the statutory Victims' Code of Practice (VCOP) and the Met's Victim Care programme. VCOP mandates that all victims of crime have 12 rights, the fourth of which is:

Right 4 - To be referred to services that support victims & have services & support tailored to the victims needs

Tailored support in terms of taking a statement can include determining the location of any statement taken. Many victims opt for this to occur at their home location, whether though convenience or proximity to where the crime occurred/was reported at the time an officer attends. However, statements can also be taken in neutral locations away from the home address, or at a police station if required. Wherever a victim is safe and comfortable to provide a statement can be discussed with an officer and arranged if necessary, as part of the crime reporting process.

With regards to your query around victim special needs, VCOP differentiates between Standard and Priority victims

Standard vs Priority Victims

The Code acknowledges victims’ who are:

1. Considered vulnerable or intimidated
2. Are a victim of the most serious crime
3. Have been persistently targeted;

Will require more assistance. Some victims' may fall into one or more of these categories.

If a victim falls into one of the three categories above, defining them as a Priority Victim, then special measures are considered as to how best meet any additional needs. The MPS Investigative Interviewing Policy outlines that officers must carry out a needs assessment prior to deciding what form of statement is to be taken:

An initial assessment of every victim/witness should take place before evidence is obtained from them. This will help determine if they have any difficulties in understanding or communicating or whether they are ‘intimidated’. This first step is essential to ensure any needs are correctly identified prior to evidence being obtained from the person.

All witnesses identified as being significant, vulnerable or intimidated will require completion of a Form 193 in the early stages of the interview process.

Identifying a victims needs via an initial assessment allows officers to determine whether additional support is required when taking a statement; this could include a discussion around where and when a statement will be taken in line with the victims needs/wishes. A Form 193 covers what victims needs are, how to best address them, and what location a victim statement will be taken in; it does not give guidance on considering the home environment in comparison to anywhere else, but allows that discussion with a victim to take place in order to make them feel safe, comfortable, and best meet their expectations.

If a victim is considered vulnerable, officers will consider and may subsequently conduct a Video Recorded Interview (VRI), which would normally take place in a police building with specialist recording equipment. However, there are also mobile VRI kits for victims who would like interviews conducted either at home or a place of safety. Vulnerable and intimidated victims may also choose to provide a written statement as opposed to a VRI if they feel confident in doing so. The MPS ABE Manual 2022 states:

Location of the Interview

2.228 Where the witness prefers to be interviewed in a setting familiar and comfortable to them, the location should be quiet enough to avoid a situation in which background noise is likely to interfere with the quality of the sound on any visual or audio record, and free from interruptions, distractions, and fear and intimidation, so the interviewer and witness can concentrate fully on the task in hand – the interview.

2.229 In the event of a witness being interviewed at their home address, care should be taken to avoid saying anything or visually recording any background material that might lead to the location being identified. In addition, interviewers should be cautious of interviewing witnesses about traumatic experiences in their home because when someone recounts a traumatic experience in a place that they would usually regard as a safe haven they may come to associate the trauma with it.

Again, the policy does not offer specific guidance on where interviews should be conducted, but hopefully we have outlined that the VCOP and supporting MPS policies offer victims a choice which puts them, their needs and wishes at the heart of any decision making processes. The instances which you have described, such as social anxiety or concerns about housemates overhearing/confidentiality etc. can be raised to an officer when reporting a crime, and these needs will be taken into consideration when deciding where and when to take a statement.

With regards to the taking of telephone statements for victims of crime, this is not something the MPS routinely offers. It may be applicable in a few select cases, for example a generic statement of loss from shop manager regarding a theft, but it would not be appropriate for vulnerable or intimidated victims who may have additional needs that could not be met over the telephone, or with a certain crime type e.g. domestic abuse. The MPS is currently exploring the use of telephone statements for different crime types, taking into account risk assessments and victim needs, but there is no policy governing this topic at this time.