Victims Code Flashcards
Victim personal statement - Impact Statement
As part of the victims code, victims can provide a statement of impact that a crime has had on there life, this can then be used in court. The effect this has had financially, emotionally/psychologically
A victims impact statement can
• Inform courts about how crime has affected you
• When found guilty can be read out in court
• Helps the judge/magistrates with sentencing decisions
• Can be considered by courts or later by parole board
• Any victim or relative affected by the crime
• Do not need to have made a statement
Victims code- updates
As a victim, you have the right to be updated of the investigation by the person who is dealing with the case/officer in charge.
What is Victims code?
The Code of Practice for Victims of Crime isa statutory Government document which sets out the information, support and services that victims of crime are entitled to receive from criminal justice agencies in England and Wales.
What are the key rights under Victims Code?
1) To be able to understand and to be understood. To have the details of the crime recorded without unjustified delay.
2) To be provided with information when reporting the crime.
3) To be referred to services that support victims and have services and support tailored to your needs.
Who is entitled to services under Victims Code?
You are entitled to receive services under Code if you have made an allegation to the police that you have suffered harm (including physical, mental or emotional harm or economic loss) which was directly caused by a criminal offence, or have had such an allegation made on your behalf.
• Victims
• Close relatives
• Bereaved close relatives
• Carer/Responsible Adult
• Parent/ Guardian of an Under 18
What does Victims code apply too?
How does the Victims’ Code work? The Victims’ Code applies toall criminal justice agencies, including the police, Crown Prosecution Service (CPS), Courts Service and the Probation Service. The Code was established by the Domestic Violence, Crime and Victims Act 2004 and came into effect in 2006.
Is Victims Code legally binding?
The existing Victims’ Code of Practice sets out the minimum level of service that victims can expect when going through the criminal justice system. However, the code is not legally enforceable and victims regularly do not get the treatment they should expect
How do the police deal with victims?
Police officers and staff should:positively engage with victims at the time a crime is reported (trauma informed practice)conduct an initial victims needs assessment at the earliest opportunity. consider if the victim is eligible for enhanced rights and/or special measures at court
Aims of victim’s commissioner for England and Wales?
1) be the voice of victims
2) promote best practise
3.) Review the victims code and advocate change
What are Enhanced entitlements and who is eligible?
This covers special measures or enhanced entitlements.
• Victims of most serious crimes such as rape and murder
• Persistently targeted victims
• Vulnerable or intimidated victims
What are the 12 Victim rights?
- Right to understand and be understood
- To have the details of the crime recorded without unjustified delay
- To be provided with information when reporting the crime
- To be referred to services that support victims and have services and support tailored to your needs
- To be provided with information about compensation
- To be provided with information about the investigation and prosecution
- To make a victim personal statement
- To be given information about the trial, trial process and role as a witness
- To be given information about the outcome of the case and any appeals
- To be paid expenses and gave property returned
- To be given information about the offenders following a conviction
- To make a complaint about your rights not being met
Rights 1,4 & 12 apply to ALL VICTIMS
The remaining rights only apply to crime has been reported to the police
What is the role of the police and crime commissioner for victims?
What is the role of the victim commissioner?
The victims commissioner is there to listen to and represent the views and needs of victims and witnesses.
• Listens to victims and witnesses
• Promises good practice across the criminal justice services
• Reviews the victims code and campaigns for change
They are an independent voice for victims and witnesses
Name some types of special measures?
There are a number of different measures that can be taken for victims when attending court. Some of these apply only to certain measures.
• Screens
• Giving evidence by live link
• Giving evidence in private (intimidated only)
• Removal of wings and gowns (Vulnerable only)
• Visually- recorded interview as evidence in chief
• Use of registered intermediaries (Vulnerable only)
• Aids to communicate (Vulnerable only)
• Visually recorded cross - examination (16yrs)
Interviewing witnesses or victims
Victim and witnesses sometimes need emotional support.
• There is no requirement for an appropriate adult in any victim or witness interview
• When appropriate and practical the views of the witness should be sought as to whether they require another person to be present to provide emotional support and who that person should be
• They are ro be told they are there for emotional support only and cannot prompt or speak for the interviewee
