Rights for Crime Victims.

Victims of crime in England and Wales are entitled to information, support and opportunities to participate in the criminal justice process. These entitlements are principally set out in the Victims' Code and reinforced by the Victims and Prisoners Act 2024.

The Code applies to organisations including the police, Crown Prosecution Service, courts, probation services, prisons and youth offending teams. It establishes minimum standards of service, although it does not guarantee that a suspect will be charged or convicted.

Who Is Treated as a Victim?

A victim is generally someone who has suffered harm as a direct result of a criminal offence.

Harm can include:

• Physical injury
• Emotional or psychological harm
• Financial loss
• property damage
• Serious distress caused by witnessing an offence

Bereaved close relatives of someone whose death was directly caused by a criminal offence may also receive rights under the Victims' Code.

A person does not necessarily have to wait for a suspect to be arrested, charged or convicted before being offered appropriate information and support.

The Rights Under the Victims’ Code

The current Victims’ Code contains 12 principal rights. These include the right:

• To understand and be understood
• To have the details of the crime recorded without unjustified delay
• To receive information when reporting the crime
• To be referred to services supporting victims
• To receive information about compensation
• To receive information about the investigation and prosecution
• To make a Victim Personal Statement
• To receive information about the trial and giving evidence
• To receive information about the outcome of the case and any appeal
• To be paid expenses and have property returned
• To receive certain information about an offender after conviction
• To make a complaint where these rights are not provided

Reporting a Crime

The police should record an allegation without unjustified delay and provide written confirmation that it has been reported.

The victim should normally receive information including:

• The crime reference number
• Contact details for the officer or team dealing with the case
• What will happen next
• How frequently updates are likely to be provided
• How to access victim-support services
• Whether compensation may be available

Anyone in immediate danger should call 999. A non-emergency crime can normally be reported through the police non-emergency service or directly to the appropriate police force.

Receiving Updates About the Investigation

Victims should be told about important developments in their case. Depending on the circumstances, this may include:

• The arrest or interview of a suspect
• A decision not to continue the investigation
• A charging decision
• Bail conditions
• The date and location of court hearings
• The outcome of the case
• Any appeal against conviction or sentence

The frequency and detail of updates may depend on the offence, the victim's needs and whether disclosure could prejudice the investigation.

Enhanced Rights

Some victims are entitled to enhanced support and faster or more frequent communication.

This can include:

• Victims of the most serious crimes
• Persistently targeted victims
• Vulnerable victims
• Intimidated victims
• Victims under 18

Victims should tell the police or Witness Care Unit about any disability, communication difficulty, fear of the accused or other circumstance affecting their ability to participate.

Victim Personal Statements

A Victim Personal Statement allows a victim to explain how the offence has affected them physically, emotionally, psychologically, socially or financially.

It is different from a witness statement. A witness statement describes what happened and provides evidence about the alleged offence. A Victim Personal Statement focuses on the effect of the crime.

The statement can be considered by the court when sentencing a convicted offender. It does not determine whether the defendant is guilty and cannot be used to demand a particular sentence.

The victim may express a preference to read the statement aloud in court or have it read on their behalf. The final decision about how it is presented is made by the court.

Can a Victim Personal Statement Be Updated?

Once a Victim Personal Statement has been made, it becomes part of the case papers and cannot simply be withdrawn or edited.

However, the victim may be able to make an additional statement where the effects of the crime have changed, or further consequences have become apparent.

A statement should be truthful and should avoid including speculation or allegations that cannot properly be supported.

Business Impact Statements

A business affected by crime can make an Impact Statement for Business.

This may explain matters such as:

• Direct financial loss
• Disruption to operations
• Loss of customers or contracts
• Reputational harm
• The cost of repairs or additional security
• The effect on employees

The statement may be considered by the court when sentencing, but evidence of specific financial losses should also be retained separately.

Special Measures for Witnesses

Vulnerable or intimidated witnesses may be eligible for special measures to help them give their best evidence.

Possible measures include:

• Giving evidence from behind a screen
• Giving evidence through a live video link
• Giving evidence in private
• Removingjudges'’ and barristers' wigs and gowns
• Using an intermediary to assist communication
• Using communication aids
• Pre-recording the witness's evidence
• Pre-recording cross-examination before the trial

The prosecutor can apply for special measures. Still, the Judge or magistrates decide whether they should be granted.

Children Giving Evidence

Children should be treated as vulnerable witnesses and may benefit from measures intended to reduce the stress and delay associated with giving evidence.

Their initial account may be recorded as evidence-in-chief. In an appropriate case, cross-examination and re-examination may also be recorded before the trial under section 28 of the Youth Justice and Criminal Evidence Act 1999.

The recording can later be played during the trial, reducing the likelihood that the child will have to attend court many months later to answer questions in front of the defendant and jury.

A ground-rules hearing may be used to decide how the child will be questioned, including the wording, length and subject matter of questions.

Support at Court

The Witness Care Unit should provide information about the hearing, explain what is expected and help identify any support or accessibility needs.

A witness may be offered a familiarisation visit before the hearing. Courts should also take reasonable steps to keep prosecution witnesses separate from the defendant and defence witnesses where facilities permit.

The independent court-based witness service may provide practical and emotional support before and during the hearing.

Can a Victim Decide Whether Someone Is Prosecuted?

A victim's views are important, but the final decision about whether to charge or prosecute is made by the police or Crown Prosecution Service.

The decision is based on whether there is sufficient evidence to provide a realistic prospect of conviction and whether a prosecution is required in the public interest.

A prosecution may sometimes continue even where the victim no longer wishes to support it. In other cases, the lack of evidence from the victim may mean that the case cannot proceed.

The Victims' Right to Review

A victim may be able to request a review where the police or Crown Prosecution Service decides not to prosecute or ends a prosecution.

The available procedure depends on which organisation made the decision.

The victim should be told:

• Why the case will not proceed
• Whether the decision is eligible for review
• How to request a review
• Any applicable time limit

A review does not guarantee that the decision will change, but it requires another consideration of the case under the relevant scheme.

Information After Conviction

Victims should be told the result of the case and, where the defendant is convicted, should receive an explanation of the sentence.

Some victims of violent or sexual offences may be eligible for the Victim Contact Scheme where the offender receives a qualifying custodial or hospital sentence.

The scheme can provide information about significant stages of the sentence, including release or parole consideration. Eligible victims may also be able to make representations about licence conditions, such as restrictions preventing the offender from entering a particular area or making contact.

Compensation From the Offender

A criminal court may order a convicted offender to pay compensation for personal injury, loss or damage caused by the offence.

The court will consider the circumstances of the offence and the offender's financial means. The amount ordered may therefore be less than the victim's full loss.

Compensation is not automatic, and victims should provide evidence of losses to the police or prosecution as early as possible.

Criminal Injuries Compensation

A person who suffers physical or psychological injury as a result of a violent crime may be able to apply to the Criminal Injuries Compensation Authority.

Eligibility is governed by the Criminal Injuries Compensation Scheme. Relevant matters can include:

• The nature and seriousness of the injury
• Whether the crime was reported promptly
• The applicant's cooperation with the police
• The applicant's conduct and criminal record
• Whether the application was made in time

Applications normally have to be made within two years of the incident. However, exceptions may apply, particularly in cases involving childhood abuse or circumstances that prevented an earlier application.

A person does not necessarily have to wait for a criminal trial or conviction before applying.

Returning property

Property taken by the police as evidence should be returned as soon as it is no longer required.

Some items may need to be retained until the investigation, trial or appeal has concluded. In suitable cases, the police may be able to copy or photograph evidence rather than keeping the original item.

A victim experiencing hardship because property has been retained should raise this with the officer dealing with the case.

Requests for Personal Information

Police and other investigators sometimes request medical, counselling, education or other third-party records when investigating an offence.

Such requests should be necessary, proportionate and connected to a reasonable line of inquiry. Victims should be told why information is being requested, what is being sought and how it may be used.

A victim should not be asked to agree to unnecessary or excessively broad access to private records merely because they reported a crime.

What If the Victims' Code Is Not Followed?

A victim who believes that an organisation has failed to provide the required service should first complain directly to that organisation.

The complaint should identify:

• Which right was not provided
• What happened and when
• Who was involved
• How the failure affected the victim
• What outcome is requested

If the complaint is not resolved, it may be possible to escalate it through the organisation's complaints process and ultimately to an ombudsman or other oversight body.

The Victims and Prisoners Act 2024 also strengthens oversight of compliance with the Victims' Code. However, a breach of the Code does not normally invalidate a conviction or automatically create a right to compensation.

Support Without a Conviction

Victim support should not depend entirely on whether someone is arrested, charged or convicted.

Independent support organisations may provide:

• Emotional support
• Practical safety advice
• Help communicating with criminal justice agencies
• Support with compensation applications
• Specialist assistance for domestic or sexual abuse
• Help for bereaved families

Some services accept self-referrals, so a victim does not always need to wait for the police to make a referral.

Obtaining Legal Advice

A victim may need legal advice where they are considering a compensation claim, challenging an unlawful information request, seeking a protective injunction or complaining about a serious failure by a public authority.

Victims do not usually have their own lawyer conducting the criminal prosecution. The Crown Prosecution Service represents the public rather than acting as the victim's personal solicitor.

A suitably qualified solicitor can explain whether separate civil, family, public law or compensation proceedings may be available.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. Victims' rights, compensation rules and criminal justice procedures may change, and their application will depend on the individual circumstances. You should seek advice from a suitably qualified solicitor or specialist victim-support organisation before taking or refraining from action.