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Apr 18, 2022 · However, those who are not formally recognised as victims by criminal justice agencies may be further harmed by interaction with the process. The designation of victim status is reliant on interactional processes present within the criminal justice response to interpersonal harm.
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- Summary of Victims’ Rights
- Introduction
- Enhanced Rights
- Right 1: to Be Able to Understand and to Be Understood
- Right 2: to Have The Details of The Crime Recorded Without Unjustified Delay
- Right 3: to Be Provided with Information When Reporting The Crime
- Right 5: to Be Provided with Information About Compensation
- Right 6: to Be Provided with Information About The Investigation and Prosecution
- Right 7: to Make A Victim Personal Statement
- Right 9: to Be Given Information About The Outcome of The Case and Any Appeals
1. To be able to understand and to be understood
You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services.
2. To have the details of the crime recorded without unjustified delay
You have the Right to have details of the crime recorded by the police as soon as possible after the incident. If you are required to provide a witness statement or be interviewed, you have the Right to be provided with additional support to assist you through this process.
3. To be provided with information when reporting the crime
You have the Right to receive written confirmation when reporting a crime, to be provided with information about the criminal justice process and to be told about programmes or services for victims. This might include services where you can meet with the suspect or offender, which is known as Restorative Justice.
What is the Victims’ Code?
The Code of Practice for Victims of Crime[footnote 1](Victims’ Code) sets out the services and a minimum standard for these services that must be provided to victims of crime by organisations (referred to as service providers) in England and Wales.
Who is a ‘victim’ under this Code?
This Code acknowledges that the terms ‘complainant’ and ‘survivor’ are often used in the criminal justice system to describe a person who has made a criminal allegation to the police. However, for the purpose of this Code, the definition of a ‘victim’ is: 1. a person[footnote 2] who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence[footnote 3] 2. a close relative[footnote 4](or a nominated family spokesperson) of a...
Which Rights will apply to you?
Which Rights apply to you will depend on whether the crime is reported to the police, if the case goes to court, and whether the defendant is convicted, as well as your personal needs and circumstances. Rights 1, 4 and 12 apply to all victims. The remaining Rights only apply where a crime has been reported to the police. The relevant service provider will tell you which Rights apply to you.
This Code acknowledges that victims who are considered vulnerable or intimidated, are a victim of the most serious crime (including a bereaved close relative) or have been persistently targeted are more likely to require specialised assistance (some victims may fall into one or more of these categories). Such support may include being offered a ref...
1.1 You have the Right to be helped to understand what is happening and to be understood. In considering appropriate measures, service providers must consider any relevant personal characteristics which may affect your ability to understand and to be understood. All service providers must communicate in simple and accessible language and all transl...
2.1 You have the Right to have details of the crime recorded by the police without unjustified delay after the incident. When you report an incident, you will be asked to provide details about the crime. 2.2 If you are asked to make a witness statement, the police will explain to you that this may result in you needing to give evidence at court, if...
3.1 If you report a crime to the police or have an allegation reported on your behalf, or if you are contacted as a victim in the course of investigations, you have the Right to written confirmation of your allegation. This will include the basic details of the offence, a crime reference number and the contact details of the police officer dealing ...
Court ordered compensation
5.1 If the defendant pleads or is found guilty, the judge or magistrate may order them to pay you compensation for any loss, damage or injury caused as a result of the crime. You have the Right to be told by the police how to seek compensation and you may be asked to provide evidence of any loss or damage, for example receipts or quotes for repairing the damage caused during the crime.
Criminal Injuries Compensation Scheme
5.2 If you have suffered a serious physical or mental injury as a direct result of a violent crime, you may be entitled to compensation through the Criminal Injuries Compensation Scheme (the Scheme).[footnote 27] The Scheme is for those injured in England,Wales and Scotland. You have the Right to be told by the police how to apply for compensation through the Scheme[footnote 28](see Right 3). 5.3 The Criminal Injuries Compensation Authority is responsible for administering the Scheme. 5.4 Do...
Civil (non-criminal) compensation
5.11 It may be possible to seek compensation from the suspect or offender outside of the criminal justice process. If you want to consider applying for civil compensation, you should seek legal advice and assistance from a solicitor.
6.1 You have the Right to be told by the police when key decisions on the investigation are made and, where applicable, to have the reasons explained to you within 5 working days (1 working day under Enhanced Rights) of a suspect being: 1. arrested; 2. interviewed under caution; 3. released without charge; and 4. released on police bail or under in...
7.1 You have the Right to make a Victim Personal Statement to explain in your own words how a crime has affected you, whether physically, emotionally, financially or in any other way. This is different from a witness statement. The Victim Personal Statement is considered by the judge or magistrate when determining what sentence the defendant should...
9.1 At the end of the case, you have the Right to be told the outcome, including where available, a brief summary of reasons for the decision,[footnote 37]by the Witness Care Unit, within 1 working day of them receiving the information from the court, which will be within 5 working days of the outcome of the case. 9.2 If the defendant is convicted ...
Formal definitions. Victim. The Code of Practice for Victims of Crime in England and Wales, November 2020 defines a victim as: ‘a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence;
Aug 3, 2021 · The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim.
- To be able to understand and to be understood. From the first point of contact and throughout the investigation process, they need to establish if
- To have the details of the crime recorded without unjustified delay. The crime should be recorded as soon as possible after the crime is reported.
- To be provided with information when reporting the crime. Within five working days (one working day for victims entitled to enhanced rights) of the crime being reported, victims must be provided with written confirmation that includes
- To be referred to services that support victims and have services and support tailored to their needs.
Dec 14, 2021 · What (and Who) Is a ‘Victim’? A victim may be defined in a variety of different ways: a person injured or harmed as a result of a crime, incident or other event/action, or someone who is duped or defrauded or who has come to feel helpless or passive when facing mistreatment or disaster.
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Nov 9, 2018 · He identifies five attributes of the ‘ideal’ victim: (i) the victim is weak (female, elderly); (ii) the victim was carrying out a respectable project (caring for her sister); (iii) she could not be blamed for where she was (she was outside in the daytime); (iv) the offender was ‘big and bad’; and (v) the offender had no personal ...