Victim's Code

Question 1

Who Oversees the Wellbeing of Victims?

Answer 1

A Victims Commissioner

Question 2

What Statutory Entitlements do victims have? (whether appearing as a witness or not)

Answer 2

• Being kept informed about the progress of an investigation or potential trial.
• Opportunity to present their Victim Personal Statement to court at the time of sentencing.

Question 3

What is the definition of a Priority Victim?

Answer 3

• A victim of the most serious offences
• Persistently targeted victim (stalking, harassment)
• Vulnerable victim
• Intimidated victim

Question 4

What enhanced entitlements are priority victims given the right to receive?

Answer 4

Victims must be notified within 1 working day of any changes or advancements in their case

E.g. when a suspect has been charged, provision of an out of court disposal, decision that no charges will be brought etc.

Question 5

What is a vulnerable victim?

Answer 5

• Under 18 yrs old (at the time of offence)
• The quality of their evidence is likely to be affected due to a:
  1. Mental disorder
  2. Significant impairment of intelligence and social functions
  3. Physical disability or they’re suffering from a physical disorder

Question 6

What is an intimidated witness?

Answer 6

• Classified as intimidated witness if Service Provider feels their evidence will be affected because of fear or distress about testify in court.
• Victims of human trafficking, sexual offences and knife or gun crime are automatically considered intimidated.
• Victim’s age, social, cultural background, religious beliefs, ethnic origin, domestic and employment circumstances

Question 7

Who is entitled to special measures?

Answer 7

Both victims (under the Victim Code) and witnesses (under the Witness Charter).

Question 8

What is a Needs Assessment?

Answer 8

• An assessment by police to identify any needs or support a victim requires.
• Includes whether and to what extent they may benefit from special measures.

Question 9

What special measures are offered to vulnerable and intimidated victims / witnesses?

Answer 9

• Screens in the court room
• Witness able to give evidence via a live video link
• Evidence in private (usually for sexual offences or human trafficking)
• Removal of wigs and gowns by judges and barristers
• Pre-recorded evidence in chief, cross examination and re-examination

Question 10

What information regarding the suspect must victims be informed of within 5 working day (1 working day if priority victim)

Answer 10

A suspect

• Being arrested
• Being interviewed under caution or voluntary interview
• Being released without charge
• Released on Police Bail or if bail conditions change / are cancelled.