Lecture 5 RPV Victimology and Victimisation Flashcards
What is the Victims Right to Review Scheme?
The Victims’ Right to Review Scheme makes it easier for victims to seek a review of a CPS decision not to bring charges or to terminate all proceedings.
The scheme applies only in relation to qualifying decisions made on or after5 June 2013.
What is the definition of a Victim for the purposes of Victims Right to Review?
‘A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.
This definition includes:
- close relatives of a person whose death was directly caused by criminal conduct;
- parents or guardians where the main victim is a child or youth under 18;
- police officers who are victims of crime;
- family spokespersons of victims with a disability or who are so badly injured they cannot communicate; and
- businesses, providing they give a named point of contact.
Under the Victim Rights to Review Scheme, a victim may seek review the following CPS decisions?
- Not to charge
- To discontinue (or withdraw in the Magistrates’ Court) all charges thereby ending all proceedings.
- To offer no evidence in all proceedings.
- To leave all charges in the proceedings to “lie on file” (this is the term used in circumstances where the CPS makes a decision not to proceed and requests that the charges be allowed “to lie on the file” marked ‘not to be proceeded with without the leave of this Court or the Court of Appeal’).
What is the process for the Victims Right to Review scheme?
- Victim should contact the CPS office where the decision was made
- Contact should be made within 5 days of the decision
- Where the law permits, the CPS will consider requests for review up to 3 months
- Any review after 3 months will only be allowed in exceptional circumstances.
What are the three possible outcomes to local resolution activity?
- CPS may decide that the decision (not to bring charges, discontinue or offer no evidence) was wrong. Where possible they will (re) commence proceedings in these circumstances. If they are unable to (re) commence proceedings we will explain why and apologise.
- CPS may decide that the decision was right but that they ought to provide the victim with more information about the decision. If this is the case they will ask the victim to confirm they would like the CPS to undertake an independent review of the decision. CPS will provide details of the office to contact and ask that the victim does so withintenworking days.
- CPS may decide that the decision was right and that there is no further information to be provided. In these circumstances they will proceed directly to independent review.
Who were the main theorists that started Victimology?
Benjamin Mendelsohn (1947) Frederick Wertham (1949)
What possible factors influence a person becoming a victim?
- Geography
- Age
- Gender
- Sexual Orientation
- Race
- Employment status
- socio-economic status
- education
What did Carrabine et al (2004) refer to?
‘Hierarchy of Victimisation’ groups that struggle to have their victimisation taken seriously and who feel frequently under- protected.
What are the longer term impacts of Criminal Victimisation?
- Physical
- Behavioural
- Emotional and Psychological
- Financial
What are the 10 things victims should be provided with?
- Name and Telephone number of the officer responsible for their case
- To be given a leaflet entitled ‘Victims of Crime’
- To be told if someone has been caught, cautioned or charged, the date of the trial and the final result.
- To have the chance to explain how they have been affected by the crime
- To be told when an offender serving a sentence of life imprisonment, for sexual or serious violent crime, is likely to be released.
- To be treated with sensitivity when attending court as a witness.
- To receive support from witness services before, during and after trial.
- To be paid travel and other expenses for attending court
- The provision of a TV link for child witnesses
- To be Offered support by Victim Support and, the Criminal Injuries Compensation Authority.
What is a VPS?
Victim Personal Statement
The statement can be given at any time prior to sentencing and allows a victim to explain in their own words how they have been affected physically, emotionally, financially or in any other way.
Victims can indicate whether they want to read the statement themselves in court or have someone read it for them if someone is found guilty. They cannot express opinion about the type of sentencing.
What is the 12 step Victim Support framework?
- find out who they are and introduce yourself
- Welfare check (medical attention)?
- 1st account (don’t use notebook)
- 1st description (A-J description) (recent incident? Circulation)
- Observe the scene (initial investigation)
- Preserve evidence (make sure know one touches it, move people to protect evidence)
- enquires
- discuss statements (victim personal statement, and return later to do statement)
- Victim care booklet
- Victim support services
- Crime reduction
- Final welfare check
What is a Witness?
A person, other than the defendant, who is likely to give evidence in court. All victims are also Witnesses and should be treated as such.
What is a Significant Witness (key witness)?
- Have or claimed to have witnessed, visually or otherwise, an indictable offence, part of such an offence or events closely connected with it.
- Have a particular relationship to the victim or have a central position in the investigation into an indictable offence.
- A police officer who has witnessed murder, manslaughter, road death, serious physical assault, sexual assault, kidnap, robberies in which firearms are involved or any criminal attempts or conspiracies in relation to these offences should also be considered a significant witness.
Explain the special measures under Section 16 of The Youth Justice and Criminal Evidence Act 1999 (YJCE)?
Section 16 allows special measures for witnesses who are under 18 years of age or in circumstances where the courts consider their evidence may be diminished due to that witness experiencing mental ill health, a significant impairment of intelligence and social functioning or where the witness has a physical disability or is suffering from a physical disorder.
