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

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Appendix A: Interview Guides and Self-Administered Questionnaire for Survey of Crown Attorneys (cont'd)

Self-Administered Questionnaire for Survey of Crown Attorneys

• 1. What role do you believe victims should have in the following stages of the criminal justice process?

  	Victim should be Informed consulted	Other (specify)	Victim should not have any role
  Bail decisions	1  2	3	00
  Plea negotiations	1  2	3	00
  Sentencing decisions	1  2	3	00

• 2. What do you think is the Crown's responsibility to victims?
  
  
• 3. If time were not an issue, what else should Crown do to further assist victims?
  
  
• 4. During a typical case, do you have sufficient opportunity to meet with victims?
  • ₁ Yes
  • ₂ No
  • ₈ Don't know
• 5. Are victim/witness assistants available to work with Crown attorneys in your office?
  • ₁ Yes
  • ₂ No
  • ₈ Don't know
• 6. Are the following victim services available in your community?

  	Yes	No	Don't know
  Police-based victim services	1	2	8
  Crown-based victim services	1	2	8
  Specialized victim services for domestic violence	1	2	8
  Specialized victim services for sexual assaults	1	2	8
  Specialized victim services for children	1	2	8
  Other victim services (Specify)	1	2	8
  Other victim services (Specify)	1	2	8
  Other victim services (Specify)	1	2	8

• 7. Please indicate your level of agreement with the following:

  Victims usually receive adequate information on.	Strongly agree	Agree	Disagree	Strongly disagree	Don't know
  the progress of the investigation	4	3	2	1	8
  outcomes of bail decisions	4	3	2	1	8
  conditions of release	4	3	2	1	8
  date and location of court proceedings	4	3	2	1	8
  charges laid	4	3	2	1	8
  charges dropped	4	3	2	1	8
  victim impact statements	4	3	2	1	8
  Restitution	4	3	2	1	8
  the ultimate outcome of the case	4	3	2	1	8
  the criminal justice process	4	3	2	1	8
  alternative processes, such as diversion and restorative justice	4	3	2	1	8
  accused rights	4	3	2	1	8
  victim services	4	3	2	1	8
  other community support services	4	3	2	1	8

• 7a. For those items from question 7 with which you strongly disagree or disagree, what could be done to improve the information given to victims?
  
  
• 8. Who should provide the following information to victims? (Please check all that apply)

  	Crown	Police	Victim Services	Other (Specify)	Don't know
  The progress of the investigation	1	2	3		8
  Outcomes of bail decisions	1	2	3		8
  Conditions of release	1	2	3		8
  Date and location of court proceedings	1	2	3		8
  Charges laid	1	2	3		8
  Charges dropped	1	2	3		8
  Victim impact statements	1	2	3		8
  Restitution	1	2	3		8
  The ultimate outcome of the case	1	2	3		8
  The criminal justice process	1	2	3		8
  Alternative processes, such as diversion and restorative justice	1	2	3		8
  Accused rights	1	2	3		8
  Victim services	1	2	3		8
  Other community support services	1	2	3		8

• 9. Do you generally do any of the following: (Check "Yes" or "No" for each of the following.)

  	Yes	No
  Call the victim as a witness in bail hearings	1	2
  Request specific conditions to address the victim's safety in bail determinations	1	2
  Request publication bans in cases other than sexual offences	1	2
  Request the use of a screen for young witnesses or witnesses with a mental or physical disability	1	2
  Request the use of closed-circuit television for young witnesses or witnesses with a mental or physical disability	1	2
  Use pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability	1	2
  Request that a support person accompany a young witness under the age of 14 or witnesses with a mental or physical disability	1	2

• 9a. If you answered "No" to any part of question 10, please explain why not.
  • Call the victim as a witness in bail
    
  • Request specific conditions to address the victim'ssafety in bail determinations
    
  • Request publication bans in cases other than sexual offences
    
  • Request the use of a screen for young witnesses or witnesseswith a mental or physical disability
    
  • Request the use of closed-circuit television for youngwitnesses or witnesses with a mental or physical disability
    
  • Use pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability
    
  • Request that a support person accompany a youngwitness under the age of 14 or witnesseswith a mental or physical disability
    
• 10. In general, do judges usually grant the following requests?

  	Yes	No	Don't know
  Request specific conditions to address the victim's safety in bail determinations	1	2	8
  Request for a publication ban in cases other than sexual offences	1	2	8
  Request the use of a screen for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request the use of closed-circuit television for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request the use of pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability	1	2	8
  Request that a support person accompany a young witness under the age of 14 or witnesses with a mental or physical disability	1	2	8
  Request to exclude the public from a trial	1	2	8
  Request for restitution	1	2	8

• 11. Are there any obstacles to using the following?

  	Yes	No	Don't know
  A screen for young witnesses or witnesses with a mental or physical disability	1	2	8
  Closed-circuit television for young witnesses or witnesses with a mental or physical disability	1	2	8
  Pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability	1	2	8
  Support person to accompany a young witness under the age of 14 or witnesses with a mental or physical disability	1	2	8

• 11a. If you answered "Yes" to any part of question 13, please explain.
  • A screen for young witnesses with a mental or physical disability
    
  • Closed-circuit television for young witnesses or witnesses with a mental or physical disability
    
  • Pre-trial videotaped testimony for young witnesses or witnesses with a mental or physical disability
    
  • Support person to accompany a young witness under the age of 14 or witnesses with a mental or physical disability
    
• 12. Have you ever requested the exclusion of the public from a trial?
  • ₁ Yes
  • ₂ No
• 13. In what circumstances would you request the exclusion of the public from a trial?
  • 
    
  • ₈ Don't know
  
  

• 14. Have you ever had a case where Section 486 (2.3) applied?
  • ₁   Yes
  • ₂   No
  • ₈   Don't recall
• 15. [If "Yes" to question 14] Did you request that counsel be appointed to cross-examine the victim/witness?

  ₁ Yes
  ₂ No

• 16. Should Section 486 (2.3) be expanded?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 16a. If you answered "Yes" to question 19, should it be expanded to other victims/witnesses? (Please describe)
  
  
• 16b. If you answered "Yes" to question 19, should it be expanded to other offences? (Please describe)
  
  

The next several questions ask you to consider victim impact statements.

• 17. Based on your experience, do victims generally submit victim impact statements?(Check one)
  • ₁   Yes
  • ₂   Yes, in serious cases
  • ₃   No
  • ₈   Don't know
• 18. What are the most common methods for submitting a victim impact statement?(Check all that apply)
  • ₁ Written statement only
  • ₂ Victim reads statement
  • ₃ Crown reads statement
  • ₆₆ Other (Specify)
• 19. If no victim impact statement is submitted, do you contact the victim about whether he/she wants to submit a victim impact statement?
  • ₅ Always
  • ₄ Usually
  • ₃ Sometimes
  • ₂ Rarely
  • ₁ Never
  • ₆₆ Depends on the case (Explain)
• 20. When is the best time for the Crown to receive a victim impact statement?(Check all that apply)
  • ₁ As soon as the victim has prepared the statement
  • ₂ After a finding of guilt
  • ₆₆ Other (Specify)
• 21. When a victim impact statement has been submitted, do you generally remind the judge to consider it?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 22. In cases where no victim impact statement is submitted, do judges generally ask whether the victim is aware of the opportunity to prepare and submit a victim impact statement?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 23. Are there any obstacles to the use of the victim impact statement?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know

  Please explain
  

  
  
• 24. Have you ever had a case where the defence counsel or the accused cross-examined the victim on their victim impact statement?

  	Yes	No	Don't recall
  During trial	1	2	8
  During sentencing	1	2	8
  Other (Specify)	1	2	8

  
  

The next questions concern restitution.

• 25. What considerations motivate your decision to request restitution?(Check all that apply)
  • ₁ Offender's ability to pay
  • ₂ Ability to quantify damages victim suffered
  • ₃ Victim's desire for restitution
  • ₆₆ Other (Specify)
• 26. Do you generally request, when appropriate, that restitution be paid to a victim?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 27. Is restitution enforcement a concern or problem ?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know

  Please explain
  

  

The next two questions ask about conditional sentences.

• 28. In what circumstances do you think a conditional sentence is appropriate?(Check all that apply)
  • ₁ All offences
  • ₂ Non-violent offences
  • ₃ Offences against the person
  • ₄ Family violence offences
  • ₅ Murder
  • ₆₆ Other (Specify)
• 29. Do you generally ask that conditions for the victim's safety be placed on the offender in conditional sentences?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
  
  

• 30. Have you ever used a restorative justice approach?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know

  If "Yes", what approach(es) have you used?

  
• 31. [If "No" to question 30] Why have you not used a restorative justice approach?(Check all that apply)
  • ₁ Restorative justice approaches are not available
  • ₂ Restorative justice approaches do not protect the victim adequately
  • ₃ Restorative justice approaches do not act as a deterrent
  • ₆₆ Other (Specify)
    
• 32. [If "Yes" to question 30] At what stage in the process have you used restorative justice?(Check all that apply)
  • ₁  Pre-charge
  • ₂  Sentencing
  • ₆₆  Other (Specify)
    
• 33. [If "Yes" to question 30] In your experience, which statement best describes the victim's involvement in the decision to use restorative justice?
  • ₁  The victim is always involved
  • ₂  The victim is sometimes involved
  • ₃  The victim is seldom involved

The next questions deal with the victim surcharge.

• 34. Based on your experience, is the victim surcharge waived more often than it should be?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 35. Do you generally challenge an application by an offender to waive the victim surcharge?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 36. Do judges generally waive the surcharge without a request from the offender?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know

The concluding questions ask you to consider all of the Criminal Code provisions intended to benefit victims.

• 37. Do you think that Crown attorneys are adequately informed of the provisions in the Criminal Code intended to benefit victims?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know
• 37a. If you answered "No" to question 42, what could be done to better inform Crown attorneys?
  
• 38. In your opinion, what has been accomplished by the Criminal Code provisions intended to benefit victims?
  
  
• 39. Have there been any unintended or unexpected consequences to these provisions?
  • ₁   Yes
  • ₂   No
  • ₈   Don't know

  What are they?
  

  
  
• 40. Do you have any other comments?
  
  

Thank you for taking the time to complete this survey.
Please return the questionnaire by faxing it back to us toll-free at:

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