Victim Information Pack

Victim's Rights Summary

• 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 4 - To be referred to support services that support victims and have services and support tailored to your needs
• 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 8 - To be given information about the trial, trial process and your role as a witness
• Right 9 - To be given information about the outcome of the case and any appeals
• Right 10 - To be paid expenses and have property returned
• Right 11 - To be given information about the offender following conviction
• Right 12 - To make a complaint about your rights not being met

Introduction

Being a victim of crime can be a traumatic and sometimes life changing event. This pack aims to give you the information you need to help you cope and recover, including links to support agencies and networks.

The Victims’ Code

The Code of Practice for Victims of Crime (Victims’ Code) sets out the services and minimum standards that must be provided to victims of crime by the Police and other organisations.

You can read the Victims’ Code of Practice on the gov.uk website.

Under the Victims’ Code, you can expect to be treated with respect, dignity, sensitivity, compassion and courtesy.

Enhanced Rights

Victims who are vulnerable or intimidated, are a victim of the most serious crimes (including a bereaved close relative) or have been persistently targeted are more likely to require specialised assistance.

This may include being offered a referral to a specialist support service, being contacted sooner after key decisions(within 1 working day, instead of within 5 working days) and having access to ‘special measures’ if giving evidence in court.

Right 1 - To be able to understand and to be understood

You will be given information in a way that is easy to understand and be provided with help to be understood, including, where necessary, access to interpretation and translation services. The Police will conduct a needs assessment, to help them to work out what support you need.

Right 2 - To have the details of the crime recorded without unjustified delay

When you report a crime, you will be asked to provide details and these will be recorded by the police as soon as possible after the incident.

Right 3 - To be provided with information when reporting the crime

You can expect to receive written confirmation when reporting a crime, to be provided with information about the criminal justice process and to be told about services for victims.

This could include Restorative Justice, which gives victims an opportunity to tell the offender exactly how they feel about what has happened. More information about Restorative Justice can be found under Right 4.

The Police will also provide you with information about how to make a Victim Personal Statement. This is an opportunity to tell the court how the crime has affected you. More information can be found about Victim Personal Statements under Right 7.

Right 4 - To be referred to support services that support victims and have services and support tailored to your needs

Nottinghamshire Victim CARE is a free and confidential service available to all victims of crime and anti-social behaviour in Nottinghamshire.

If you report a crime to the police, they will ask if you would like to talk to Victim CARE about any help you might need to manage the impact the crime has had on you. If you agree, they will pass your details on to Victim CARE.

You do not have to report a crime to the police to access the service and you can choose to contact the service at a later date, if you wish.

A team of experienced caseworkers are available at Victim CARE to provide you with information and support designed around your individual needs. This may include:

• Emotional and or practical support or advocacy
• A dedicated case worker providing one to one support
• Outreach and drop in surgeries; and

Restorative Justice

Restorative Justice support is provided by Restorative Nottinghamshire. The process is voluntary, requiring consent from both the victim and the offender.

Restorative Justice is available at various stages of the criminal justice process including:

• after arrest
• after conviction
• or even once the offender has been released

Restorative Justice may be face to face or indirectly via a third person.

For more information or to contact Restorative Nottinghamshire:

Call: 0800 612 5717
Text support: NOTTSRS on 82228
Email: [email protected]
Web: www.restorativenotts.org.uk
Opening hours: 9am to 5pm Monday to Friday.

Specialist Services Bereaved Relatives

If you are a relative bereaved by homicide, your Family Liaison Officer will ask you if you wish to be referred to specialist independent support provided by the Homicide Service.

Domestic Violence

If you have been a victim of domestic violence or abuse the officer in charge of your case will ask you if you wish to be referred to specialist independent support, which may include help from an Independent Domestic Violence Advocate (IDVA).

You can also get help by calling the free 24 hour domestic and sexual violence helpline number on page 14 of this booklet.

Sexual Violence

If you have been a victim of sexual violence, the officer in charge of your case will ask you if you wish to be referred to specialist independent support such as the Sexual Assault Referral Centre (SARC), which is also called the Topaz Centre, or the Asa service delivered by Nottinghamshire Sexual Violence Support Services (NSVSS).

The Asa service is a single point of contact for all sexual violence needs, including Independent Sexual Violence Advisors (ISVA), counselling and therapy. Both the Topaz Centre and Asa are independent from the police and offer specialist support tailored to meet individual victims’ needs.

Right 5 - To be provided with information about compensation

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. The police will tell you how to seek compensation and you may be asked to provide evidence of any loss or damage as a result of the crime.

If you have suffered a serious physical or mental injury as a direct result of a violent crime, the police will tell you how to apply for compensation through the Criminal Injuries Compensation Scheme. You must apply as soon as reasonably practical and normally within two years of the incident.

You should not wait for the outcome of a criminal trial to apply; your claim is not dependent on the conviction of an offender. The Scheme will take account of other compensatory payments made to you, such as court ordered compensation or a civil personal injury award.

Right 6 - To be provided with information about the investigation and prosecution

The Police will keep you informed at key points in the investigation, such as when a suspect is arrested; and when key decisions are made, such as whether a suspect is to be prosecuted or not, or if a suspect is given an out of court disposal. You have the right to receive regular updates; the police will talk to you about how often you would like an update and your preferred method of contact.

Alternatives to Court

Sometimes, the Police will deal with a crime, without it going to court. ‘Out of court disposals’ are generally not suitable for more serious cases, for repeat offenders or where the offender does not admit their responsibility. You can expect to have your views taken into account when an out of court disposal is being considered, but where this is not possible, the Police or the Crown Prosecution Service (CPS) will explain why.

There are a number of out of court disposals available for the Police to consider:

• Community Resolution
• Simple Adult Cautions or Youth Cautions (for under 18 year olds)
• Adult Conditional Cautions or Youth Conditional Cautions (for under 18 year olds)
• Penalty Notices for Disorder or Cannabis Warnings

The Victims’ Right to Review

You have the right to receive information about how you can seek a review of Police and / or CPS decisions not to prosecute, to discontinue, or offer no evidence in proceedings.

Nottinghamshire Police Victims’ Right to Review

The right of a victim to request a review arises where the Police:

• make a decision not to bring proceedings; or
• make a decision that the case does not meet the minimum requirements for referral

You have the right to request a review within three months of being notified of the decision not to prosecute.

There are a number of reasons why no further action may be taken, including insufficient evidence or where taking matters further is not in the public interest.

You will be updated with the reasons why this decision has been made by the investigating officer. A review will be allocated to a Review Officer of Inspector or more senior rank, dependent on the nature of the investigation.

To request a formal review of a case, please contact our Right to Review service direct via email at [email protected], ensuring that you provide your name, incident number, contact number and brief overview of the case you wish to be reviewed. By requesting a review, you are not making a complaint against the service you have received.

Crown Prosecution Service (CPS) Victims’ Right to Review

In many cases, decisions about what action to take are made by the CPS. Victims have the right to seek a review, if the CPS decide:

• not to charge
• to discontinue (or withdraw in the Magistrates’ Court) all charges
• to offer no evidence in all proceedings; or
• to leave all charges in the proceedings to ‘lie on the file’

Further details on the right to review can be found on the CPS website.

Right 7 - To make a Victim Personal Statement

A Victim Personal Statement is an opportunity to explain, in your own words, how a crime has affected you, whether physically, emotionally, psychologically, financially or in any other way. It is different from a Witness Statement. The Victim Personal Statement gives you a voice and helps the Judge or magistrate to understand what you have been through, when they are determining what sentence the defendant should receive. It can also help service providers to think about any additional support you or your family might need.

The Police will ask if you would like to make a Victim Personal Statement. You can make a Victim Personal Statement at any time prior to sentencing of the offender; however you may not have an opportunity to make it once the court hearing has started, especially if the defendant pleads guilty.

Making a Victim Personal Statement is voluntary. If the case reaches court, the defendant will usually be allowed to read your statement and you may also be asked questions about it during the trial. You will be asked whether you would like to read your statement out to the court, have it read by someone on your behalf or for a recording to be played. If your Victim Personal Statement is read out, what you said may be reported by the media. If you would prefer it not to be read out, the court will still consider it in sentencing.

Once the Victim Personal Statement is completed and signed it cannot be changed or withdrawn, if you have second thoughts about what you have said. However, if you remember something important, or feel that the impact of the crime on you has changed, you may make another statement.

If a crime has been committed against your business, you can make an Impact Statement for Business. This is similar to a Victim Personal Statement and will be used in the same way in court, but allows you to explain how a crime has affected your business, such as direct financial loss operational disruption or reputational damage. You can still make a separate Victim Personal statement, detailing how the crime has impacted on you personally. The officer in the case will arrange for the completion of this statement.

Right 8 - To be given information about the trial,trial process and your role as a witness

If your case goes to court, you will be assigned a Witness Care Officer, who will keep you up to date about what is happening and will support you until the case is finished. This includes providing information about the time, date and location of court hearings (within 1 working day for all victims), whether you will be required to give evidence, and the outcome of the hearing.

Having to go to court can be worrying, but your Witness Care Officer will explain what to expect and can arrange a court familiarisation visit with the Witness Service, if required. The Witness Service will ensure that you have a copy of your statement on the day of the trial, prior to you giving your evidence. This is to remind you of what you have said in your statement, but you will not be allowed to take the statement into the court room. Where possible, the prosecutor will meet you before you go into court to explain what will happen and answer any questions you may have.

If you have any problems or concerns about going to court, please contact 101 and ask for the Witness Care Unit or contact your investigating officer.

Special Measures

If you are a vulnerable or intimidated victim (including those under 18 years of age), you can ask for special measures to be used during the trial, to help you to give your best evidence in court. If you are a young victim, you may prefer your parent or guardian to be updated with the progress of the case.

Special measures include:

• Screens -so that you cannot be seen by the defendant whilst giving evidence
• Live link -you may be able to give evidence during the trial from a suitable location outside the court room, via live TV link (screens can also be applied for, to block the defendant’s view of television monitors in court)
• Evidence given in private -members of the public are excluded from the court room whilst you give evidence
• Removal of wigs and gowns -at Crown Court, the Judge and lawyers remove their wigs and gowns to create a less formal environment (this is mostly used for young victims and witnesses)

Providing evidence or being cross-examined through Pre-Recorded Video – this should make it easier for you to tell the police what happened and can mean that you don’t have to give evidence at the trial. However, you can choose to give evidence in court, if you would prefer.

You are also entitled to:

• Meet with the CPS advocate, wherever possible, to ask about the court process
• Ask to use a different entrance; and
• Wait in a separate area.

Please talk to the officer in your case, your Witness Care Officer or other point of contact for more information. The CPS will apply for any special measures on your behalf, but the Court will make the final decision about whether the special measures that have been requested can be used.

Nottinghamshire Police’s website also has information on what to expect when going to court for young victims and parents / guardians. For more information visit the Child Victim Information page.

Right 9 - To be given information about the outcome of the case and any appeals

At the end of the case, your Witness Care Officer will tell you the outcome, including where available, a brief summary of the reasons for the decision. This will be 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.

If you are a bereaved close relative, you will be offered a meeting with the CPS, following conviction, following sentencing, or where the defendant is found not guilty or convicted of a lesser charge.

The Witness Care Unit will tell you if the offender makes an application to appeal the sentence.

Right 10 - To be paid expenses and have property returned

If you go to court, you will be given information about how to claim certain expenses from the CPS (for example, for travel, childcare, loss of earnings, refreshments and meals).

Right 11 - To be given information about the offender following conviction

If the offender is sentenced to 12 months or more for certain violent or sexual offences, you have the right to be automatically referred to the National Probation Service’s Victim Contact Scheme and assigned a Victim Liaison Officer. If you choose to take part in the Scheme, you will be given information at key stages of the offender’s sentence, including if / when they become eligible for consideration of parole or release.

Right 12 - To make a complaint about your rights not being met

If you do not receive the information and / or services you are entitled to, you have the right to make a complaint. For more information please visit the complaints page on the Nottinghamshire Police website.

Further information and support agencies

All services are free, confidential and you do not need to report the crime to the police.

If you have been a victim of any crime and would like support, call Nottinghamshire Victim CARE: 0800 304 7575 or visit www.nottsvictimcare.org.uk

For support around domestic violence and abuse:

Women’s 24 hour free domestic and sexual violence helpline: 0808 800 0340

Hearing impaired people can make contact via text phone on 18001 followed by the helpline number.

If you require this booklet interpreting please contact your Officer In Case who will be able to support.

Men’s domestic abuse service provided by Equation: 0115 960 5556

Men’s domestic abuse helpline (national): 0808 801 0327

For support around sexual violence and abuse: Adults

Sexual Assault Referral Centre

(Topaz Centre): 0800 085 9993 (24 hour) or
www.topazcentre.org

Provides crisis support for men and women who have been sexually assaulted or raped, including forensic examinations and access to healthcare and
other follow on support.

Asa, Support After Sexual Violence, delivered by Nottinghamshire SVS Services

Provides access into all support services for victims and survivors of sexual violence including child sexual abuse.

This includes information, practical and emotional support, advocacy including through the criminal justice system and access into Independent Sexual Violence Advisers (ISVA), the Survivor Support Service and counselling and other therapies.

Helpline: 0115 941 0440 The helpline is open 10am-1pm and 4.30-7.30pm Monday to Friday and 10am-1pm on Saturdays and Sundays.

https://nottssvss.org.uk/

Children and Young People East Midlands Paediatric Children and Young People’s Sexual Assault Service (EMCYPSAS)

EMCYPSAS provides crisis support, forensic examinations, short term therapy and access to follow on support including children’s ISVA and healthcare.

Tel: 0800 183 0023 (24 hour)
www.emcypsas.co.uk

Other support for victims of crime:

If you are worried about forced marriage: 0207 008 0151