Victims Code Flashcards
What is a victim?
Someone who has suffered harm directly cause by a criminal offence
Relatives of person whose death caused by criminal offence
Parents/guardians of victims under 18
Businesses
What is the victims code of practice?
Minimum standard for services provided to victims of crime
What services/treatment should victims expect?
○ Written acknowledgment crime has been report
○ Explanation of what to expect from criminal justice system
○ Victim information leaflet
○ Explanation within 5 working days of a decision not to prosecute (1 working day for priority victims)
○ Notification an investigation has concluded with no person charge
○ Referral to LVWS on behalf of victim support
○ Treated in a respectful, sensitive and professional manner
○ No discrimination
○ Provided appropriate support
○ Protected from being victimised again
○ Shown how to access information and support
○ Kept informed about progress every 28 days
○ Be updated by police when suspects arrested/interviewed/released under investigation/bailed/released with no further action/charged/out of court disposal within 1 working day for priority victims, 5 working days for standard victim
Who has to adhere to victims code of practice?
Police, Courts, CPS, probation service
What does a victims commissioner do?
Promotes interests of victims and their treatments
What does the European Union Victims Directive (2015) set out?
Minimum standards on rights, support and protection for victims
What is a victim personal statement?
□ Explain in their own words how a crime has affected them and their family
□ If defendant found guilty, VPS is used to decide appropriate sentence
□ Impact statement for business (ISB)
What is a victim entitled (before trial)?
○ Provided with information on the criminal justice process (what to expect + restorative justice)
○ Kept informed of progress (details and outcomes of court hearings, if they need to give evidence in court, appeals)
○ From the police:
Written acknowledgement of crime
Needs assessment - identifies priority/standard victim
Enhanced service if priority victim
Criminal justice process, restorative justice process, special measures, compensation explained
Contact plan agreed
Referral to support services - need victims permission
Updated on significant events
Victim personal statement
Right to make a complaint
Right to seek a review of police decision not to prosecute (victim right to review scheme (VRR))
What can a victim expect around the time of trail?
Court familiarisation visit
Opportunity to meet lawyer
Option to have victim personal statement read to court on their behalf
Representations to conditions on release licence
Compensation
Opportunity to refresh memory by reading evidential statement before going into court
Who counts as a vulnerable victim/witness?
Under 18 at time of offence
Suffering from mental disorder under MHA 1983
Impairment of intelligence or social functioning
Physical disability
Who counts at an intimidated victim/witness?
Knife or gun crime
Sexual offences
Human trafficking
Who counts as a priority victim?
Vulnerable victims
Intimidated victims
Victims of the most serious offences
Those persistently targeted
What legislation allows for special measures for victims during trials
Youth Justice and Criminal Evidence Act 1999
Who qualifies for special measures at trail?
Vulnerable victims
Intimidated victims
Those under 21 at time of hearing
Special measures at trail examples
Screens in court room
Appear through video link
Give evidence in private (mainly sexual offences)
Removal of wigs and gowns by judges
Pre-recorded evidence in chief, cross and re-examination
