17th Feb 2015
The Victims' Right to Review Scheme Explained
Many victims complain that when the police investigate an allegation of a violence or sexual offences they feel in the dark and non-longer part of the process. The feeling is all the more common if the police charge a suspect and the CPS take over the criminal proceedings. Witnesses sometimes have no input to the process until the day of the trial when unprepared and worried they are expected to re-live their experiences before gowned and wigged lawyers, the press and anyone else in the public gallery who happens to take an interest in the case.
The experience of abandonment is all the more prevalent when the CPS decide – often unilaterally – not to prosecute or to stop the prosecution.
However, victims can now feel more empowered and really do have a final say in how the investigation will be been handled on their part.
The CPS has launched the final guidelines for the Victims' Right to Review Scheme. This scheme makes it easier for victims to seek a review of a CPS decision not to bring charges or to terminate all proceedings. Of course it does not cover the situation when the Defendant is acquitted following trial, or pleads guilty and therefore avoids a trial. It will apply to all CPS decisions including a decision to offer and accept lesser charges.
The scheme only applies to decision made on or after 5 June 2013, so will not have much impact on prosecutions that have been thwarted involving historic sexual abuse allegations.
The Right to Review has come about as a result of Article 11 of the European Union Directive establishing minimum standards on the rights, support and protection of victims of crime and following the 2011 Court of Appeal judgment in the case of Killick (R v Christopher Killick [2011] EWCA Crim 1608). In the course of its judgment, the Court considered the rights of a victim of crime to question and ultimately challenge the CPS decision not to prosecute. The Court stated that:
1. Victims should have a general right to seek to review a CPS decision not to proceed with their prosecution in certain circumstances;
2. Victims should not have to go to Court for a review. The right to a review should be clear and there should be guidance with time limits;
3. Victims can seek a review of decisions by the CPS not to charge, or to terminate all proceedings.
However, crucially investigations where the police exercise their discretion not to investigate at the outset, or not to investigate a case further, are not covered by the Victim Review Scheme. In those circumstances, the process is different and a victim must address their complaint to the relevant Police Service.
The Revised Victims' Code came into effect on 10 December 2013.
For offences taking place before this date, victims can still ask the CPS to review its decision if they were, 'Any person who has made an allegation to the police, or had an allegation made on his or her behalf, that they have been directly subjected to criminal conduct under the National Crime Recording Standard (NCRS).'
A victim will include:-
1. bereaved relatives or partners in homicide cases,
2. parents where the primary victim is a child or youth under 18,
3. police officers (who are victims of crime),
4. A family spokesperson where the victim is incapacitated as a result of disability.
For offences that occurred after 10 December 2013 a victim is, 'A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct'.
This definition has been broadened now to include businesses, providing they give a named point of contact.
The Victims' Code gives victims the right to a meeting with the CPS lawyer in the more serious complaints such as:-
1. Victims of the most serious crime such as rape and serious sexual assault;
2. Persistently targeted victims such as victims suffering domestic violence;
3. Vulnerable or intimidated victims such as children.
For other victims they will be told:-
1. the nature of the decision - i.e. not to charge, to discontinue the case, to offer no evidence or to leave the charges to "lie on file";
2. whether the decision was on evidential or public interest grounds;
3. how to access further information about the decision should you wish to do so; and
4. about the right to seek a review of the decision and how to exercise it.
Time limits are very strict and victims should notify the CPS within five working days from the date of the decision and notify them of their intention to seek a review of the decision. In certain circumstances there is discretion to allow a victim up to three months from the date of the decision to seek a review, but a delayed request is likely to make it more difficult for the Court to re-start proceedings. In some circumstances, it will not be possible to (re) commence proceedings if there is a delayed request for review.
Any delay beyond the three months will only be allowed in exceptional circumstances taking into account the facts of the individual case.
Since the Scheme was introduced, some 150 victims have seen their assailants face Trial after the case had originally been dropped.
If you have been the victim of violent crime or sexual assault including rape and the CPS has stopped the proceedings against your attacker, you can ask the CPS review its decision. At robsonshaw, if you have been affected by a failure of the CPS to proceed with your case, we can help you with a request to review.
A criminal conviction is very important, not least for the victims sense of justice, but also it will help with any Criminal Injuries Compensation or CICA claim. A conviction also assists in proving wrongdoing where the perpetrator was employed, or was under the control of an organisation, such as the Scouts or Church. Even if a conviction is not secured, depending on the nature of the case, a claim for compensation may still be possible. To speak with our experienced and sympathetic team, call us on 01392 345333 or email us on enquiries@robsonshaw.uk. Our solicitors specialise in helping victims of sexual abuse gain the compensation they deserve.
Category: News Updates