Victim Support Flashcards
What does VCoP stand for?
Victims Code of Practice
What is VCoP?
The Code of Practice for Victims of Crime is a statutory government document which came into effect in 2006. It sets out the services and a minimum standard for these services that must be provided to victims of crime by organisations (referred to as service providers) in England and Wales.
Under VCoP, what is the definition of a victim?
A person who has suffered harm including physical, mental or emotional, or economic loss, which was directly caused by a criminal offence. This definition also covers close relative(s) of a person whose death was caused by a criminal offence (spouse, partner, sibling(s) and dependent(s)), parents and guardians of victims under 18 years of age, and business that have had criminal offences committed against them.
What is the Witness Charter?
The Witness Charter, unlike the Victims’ Code of Practice, is not legally binding. The Witness Charter, like the Victims’ Code, sets out the level of service that you can expect as a witness. The charter covers both prosecution and defence witnesses.
What are the 6 expectations of VCoP from police officers?
Victims can expect to be:
- Treated in a respectful sensitive and professional manner without discrimination of any kind.
- Given appropriate support to cope and recover.
- Protected from being victimised again.
- Shown how to access information and support.
- Kept informed about the progress of their case every 28 days.
- Be updated by the police when any suspect(s) is arrested, interviewed, released under investigation, bailed, released with no further action (NFA), charged, and / or has an out of court disposal within one to five working days.
What entitlements do victims have in relation to information sharing?
Victims are entitled to be provided with information on the criminal justice process. This includes: What to expect throughout the process and Restorative Justice.
What entitlements do victims have in relation to knowledge of case progression?
Victims are entitled to be kept informed on progress from investigation to trial. This includes:
- The progress of the investigation.
- Whether a prosecution will take place.
- Details and outcomes of court hearings.
- Whether or not they need to give evidence in court.
- Details and outcomes of court hearings.
- Any appeal(s).
Victims are also entitled to be kept up to date with the progress of their case. Under the Code they are entitled to receive updates if a suspect is arrested, interviewed, released under investigation (RUI), bailed, charged, or an out of court disposal is administered. They are entitled to receive these updates within one working day if they are a priority victim, or within five working days if they are a standard victim.
What entitlements do victims have from the police?
Victims are entitled to the following from the MPS (or any other force) under the Code:
- Written acknowledgement of the crime.
- A Needs assessment to identify priority or standard victims.
- An enhanced service if you are a priority victim (victims of most serious offence, persistently targeted, vulnerable or intimidated are considered priority).
- Criminal Justice process explained.
- Contact plan agreed – two methods of contact to be taken where possible, including email address.
- Restorative justice explained.
- Special measure explained if victim is vulnerable or intimidated.
- Referral to support services (London Victims and Witness Service).
- Updated on significant events (arrest, interview, released under investigation, bailed, charge, out of court disposal) within one to five working days.
- Victim Personal Statement.
What entitlements do victims have in relation to trial?
- A court familiarisation visit.
- An opportunity to meet the lawyer.
- The option to have their Victim Personal Statement read aloud in court or on their behalf.
- Representations to conditions on release licence.
- Apply for compensation.
- The opportunity to refresh their memory by reading their evidential statement before going into court.
What is a priority victim?
A priority victim is a victim of the most serious offences; Persistently targeted, such as stalking or harassment; Vulnerable; or Intimidated victim.
All priority victims are entitled to enhanced services because they’re more likely to require extra help and support through the criminal justice process.
Who is a vulnerable victim?
Victims are classified as vulnerable and therefore eligible for enhanced entitlements as a priority victim under the Code if:
- They are under 18 years of age at the time of the offence, or
The quality of their evidence is likely to be affected because:
They suffer from a mental disorder within the meaning of the Mental Health Act 1983;
They otherwise have a significant impairment of intelligence and social functioning, or;
They have a physical disability or suffering from a physical disorder
Enhanced entitlements places an obligation on the MPS to notify victims in one day in what circumstances?
- When a suspect has been charged.
- The decision that no charges will be brought.
- Provision of an out of court disposal.
- Discontinuation of a charge and proceed on another.
- When a charge is substantially altered.
- The decision to discontinue all proceedings.
- Offer no evidence in all proceedings.
What is an intimidated victim?
Victims are classified as intimidated (and therefore eligible for enhanced entitlements as a priority victim under the Code) if the service provider feels that the evidence they will give will be affected because of fear or distress about testifying in court.
When assessing whether a victim is intimidated the service provider must take account the following criteria:
- Any behaviour on the part of the accused towards the victim or victim’s family.
- The nature and alleged circumstances of the offence. Victims of human trafficking and sexual offences will automatically be considered as intimidated [as well as those of knife or gun crime, including witnesses of such crimes].
- The victims age and, if relevant, social, cultural background, religious beliefs, ethnic origin, domestic and employment circumstances.
What is a needs assessment?
All victims of a criminal offence are entitled to an assessment by police to identify any needs or support required, including whether and to what extent they may benefit from special measures.
What is the purpose of The Youth Justice and Criminal Evidence Act 1999?
Introduced a range of measures that can be used to facilitate the gathering of evidence from vulnerable and intimidated victims / witnesses. These special measures help victims to give their best evidence in court, and help relieve some of the stress associated with giving evidence in court.
