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In relation to Enhanced Rights, what is a vulnerable or intimidated victim?

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You are eligible for Enhanced Rights under this Code as a vulnerable victim if:

  • you are under 18 years of age at the time of the offence, or
  • the quality of your evidence is likely to be affected because you
  • suffer from mental disorder within the meaning of the Mental Health Act 1983
  • otherwise have a significant impairment of intelligence and social functioning; or
  • have a physical disability or are suffering from a physical disorder

You are also eligible for Enhanced Rights under this Code as an intimidated victim if the service provider considers that the quality of your evidence will be affected because of your fear of distress about testifying in court.18

When assessing whether a victim is intimidated, the service provider must consider:

  • the behaviour towards the victim on the part of the suspect, members of their family or associates, or any other person who is likely to be a suspect or witness in the case
  • the victim’s age
  • if relevant, the victim’s social and cultural background, religious beliefs or political opinions, ethnic origin, domestic and employment circumstances
  • the nature and alleged circumstance of the offence to which the case relates (victims of a sexual offence or human trafficking will be considered to be intimidated); and
  • any views expressed by the victim