There are 12 different rights that victims have in the updated Code. For each of these there is an explanation of what this means for the police officers and staff that are supporting them, and how this can be put into practice.
Right 1 –To be able to understand and to be understood
What this means forpolice officers and staff
From the first point of contact and throughout the investigation process, they need to establish if:
- English is the victim's first language (written and verbal)
- they can understand the victim (verbally and in writing)
- the officer/staff member can beunderstood by the victim (verbally and in writing)
How to do this
Police officers and staff should:
- positively engage with victimsat the time a crime is reported (trauma informed practice) –especially where people are finding it difficult to understand
- avoid jargon and abbreviations
- know how to access and haveready access to translation and interpretation services
Right 2 –To have the details of the crime recorded without unjustified delay
What this means forpolice officers and staff
The crime should be recorded as soon as possibleafter the crime is reported.
How to do this
Officers and staff should take responsibility for recording the crime, where appropriate.
Right 3 –To be provided with information when reporting the crime
What this means forpolice officers and staff
Within fiveworking days (oneworking day for victims entitled to enhanced rights) of the crime being reported, victims must be provided with written confirmation that includes:
- contact details of the investigating officer
- a crime reference number
- details of the offence
- the criminal justice process and what will happen next
- what support services are available and how to make contact
- information regarding making a victim personal statementandapplying for compensation and restorative justice (where applicable)
Right 4 –To be referred to services that support victims and have services and support tailored to their needs
What this means for police officers and staff
This must happenwithin two working days of a crime being reported, and continue throughout the criminal justice process.
How to do this
Police officers and staff should:
- positively engage with victimsat 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
- take responsibilityand instigate referrals where requested and provide information where appropriate
- share information with other agencies, so the victim doesn’t have to repeat themselves
- reassess the needs of the victim should anything change
Right 5 –To be provided with information about compensation
What this means for police officers and staff
Within fiveworking days (oneworking day for victims entitled to enhanced rights) of the crime being reported, they must tell the victim about how to claim compensation for any loss,damage or injury caused as a result of crime.
How to do this
Police officers and staff should:
- be aware of the eligibility criteria
- providecontact information for the Criminal Injuries Compensation Authority (as well as the alternative ways of claiming compensation)
- where there has been loss or damage, obtain and supply supporting evidence to the Crown Prosecution Service to enable an application to the sentencing court as appropriate
Right 6 –To be provided with information about the investigation and prosecution
What this means for police officers and staff
Officers and staff must, within fiveworking days (one working day for victims with enhanced rights) of a key decision point in the investigation, update victims about the decisions and where applicable explain it to them.
How to do this
Police officers and staff should ensure victims are updated within fiveworking days (oneworking day for victims with enhanced rights)of the following decision points:
- suspect arrested
- interviewed under caution
- released without charge
- released on police bail or under investigation
- bail conditions changed or cancelled
- suspect charged
- decision not to investigate
- decision not to prosecute
- decision to administer an out of court disposal
Police personnel must discuss and agree with the victim the frequency of updates as well as how they would like to receive those updates, including their preferred method of contact.
Right 7 –To make a victim personal statement (VPS)
What this means for police officers and staff
A victim has the right to make a VPS to explain in their own words how a crime has affected them, at a time when it suits them at any point prior to sentencing. A VPS doesn’t have to be taken by the police. A named point of contact for a business has the right to make an impact statement for business (this differs from a VPS). The victim has the opportunity to make another VPS if the impact or effect of the crime on them changes.
How to do this
Police officers and staff must:
- provide victims with information about the VPSprocess when a crime is reported. They should be able to explain what it is, and how a VPS differs from a witness statement
- make sure they are well briefed on the process of making a VPSand should be able to signpost victim’s accordingly
- explain to the victim that their VPS will be available to the defence and they could be asked questions about it in court
- explain to the victim that their VPS could be reported on by the media if read in open court
- be open and willing to take a VPS whenever the victim is ready.They will be flexible, a victim may request a copy of their statement from the police at any time and should be given an opportunity to make an additional personal statement to reflect the changing impact the crime has had on them, if relevant
Right 8 –to be given information about the trial, trial process and a victim's role as a witness
What this means for police officers and staff
Once it has been decided that a case is going to court,a Witness Care Unit must updatea victim with certain information about the hearing (within fiveworking days for all cases, within oneworking day under enhanced rights).
How to do this
By providing information regarding:
- time, date and location of any hearing (within oneworking day for all victims)
- the outcome of any bail hearing (and relevant bail conditions, any relevant changes to these bail conditions and the reasons for those changes)
- if an arrest warrant has been issued for the suspect and the outcome of a hearing if the suspect is re-arrested
- the outcome of any hearing if the suspect has been re-arrested
If the suspect pleads not guilty and the victim is required to attend court, they have theright to be told:
- by the Witness Care Unit if they are required to give evidence within one working day (for all victims) of receiving the information from the Crown Prosecution Service
- to have their needs assessed and be offered a referral to a witness support service or another support service
- of the outcome of any special measures application
Right 9– To be given information about the outcome of the case and any appeals
What this means for police officers and staff
The Witness Care Unit must, within one day of receiving the information from the court,update the victim regarding the outcome of the case, including– where available–a brief summary of the reasons for the decision.
How to do this
The Witness Care Unit will:
- notify and explain the outcome of the trial hearing to the victim
- explain the meaning of the sentence and provide information about the'unduly lenient'sentence scheme
- tell the victim how their VPSwas used by the court
- notify the victim if there is an appeal against conviction or sentence and its outcome
- be referred to the Crown Prosecution Service if there are questions the Witness Care Unit cannot answer, and have a meeting set up with the CPS, if the victim is a bereaved closefamily member
- assess the needs of the victim following the conclusion of the trial and sentencing, and provide information and make referrals where appropriate
Right 10 –To be paid expenses and have property returned
What this means for police officers and staff
Thevictim has a right to be paid certain expenses by the Crown Prosecution Service if they attend court and give evidence. If the police took any of their property as evidence, victims have the right to get it back as soon as it is no longer required.
How to do this
Witness Care Units can help victims with any questions about claiming expenses.
Police officers and staff should carefully consider the need to continue to retain a victim'sproperty and whether it is absolutely necessary and, if not,be proactive in returning property without delay.
Being without your belongings longer than is necessary, as well as being an inconvenience, can add to the trauma of what has happened. Therefore, be mindful of the necessity of retaining a victim's property.
Right 11 –To be given information about the offender following a conviction
What this means for police officers and staff
Whereeligible, a victim or bereaved family members havethe right to be provided with information about the offender and at key stages of their sentence. Where relevant, victims also have a right to be consulted by the police if an offender makes an application for a review of their sex offender notification requirements.
How to do this
If eligible, the Witness Care Unitor Youth Offending Team will automatically refer the victim (or bereaved family member) to the National Probation Service Victim Contact Scheme.This must happen within 10 working days of sentencing. A victim has the right to be automatically referred.
The police should contact the victim whenever an offender makes an application to review their Sex Offender Notification Requirements, and allow them to provide their views on the application. Where appropriate, the victim's views should be considered.
Right 12 –To make a complaint about a victim's rights not being met
What this means for police officers and staff
If a victim considers they have not received any of their rights under the Code, they should be facilitated to make a complaint.
How to do this
Police officers and staff should:
- be open and willing to discuss any concerns with a victim
- provide information about their forces formal complaints procedure
- take responsibility for providing this information and know where to find information regarding other criminal justice agencies complaints procedures, if required
- not dismiss or diminish a victim's feelings about their treatment
- not 'hand off'the responsibility of the provision of assistance to multiple different staff and teams, remember the aspiration to provide one single point of contact
