ADVICE AND GUIDELINES

Transcription

1 ADVICE AND GUIDELINES If you have been sexually assaulted, suffered a violent attack or another form of dangerous crime, this leaflet is intended for you The Prosecution Service

2 Contents This leaflet explains what happens when you have been subjected to violent crime. From crime to court case Getting help throughout the process If the case goes to court If the case has to be dropped Claiming compensation The leaflet also contains a section for the close relatives of victims who die as the result of violent crime. 2

3 From crime to court case INVESTIGATION When a violent crime has been committed, the police investigate the case. POSSIBLE MEDICAL EXAMINATION In some cases, you may have to be examined by a doctor. This could be done in a hospital casualty department or a Centre for Victims of Sexual Assault. It is up to you whether you agree to be examined, but it may be necessary in order to secure evidence. If it is necessary for you to be examined, the police will talk to you about it. SUSPICION AND CHARGES If the police find grounds to suspect a specific person, the police will charge that person with having committed a crime. When the investigation is over, the public prosecutor will decide what to do next. CHARGES AND COURT CASE The public prosecutor will bring charges, if it is considered there is enough evidence to get a conviction. To bring charges means that the case will be brought before the court. Sometimes a case does not come before the court: for example, less serious cases that can be settled by a fine. 3

4 Getting help throughout the process When you have suffered a violent crime, several people can help you throughout the process. LEGAL ADVOCATE A legal advocate is an attorney who can help you and safeguard your interests during the entire criminal proceeding. The legal advocate is free, and will do the following, among other things: Help you and give you advice and guidance while the police are investigating the case, and if the case later goes to court Advise you if you are afraid the offender will seek you out again Help you get compensation by calculating your claim for compensation and presenting your claim during a court case and to the Criminal Injuries Compensation Board Explain the proceedings of a criminal case and accompany you if you have to testify in court as a witness WHO IS ENTITLED TO HAVE A LEGAL ADVOCATE? If you have been raped or suffered a similar serious sexual assault, you will be assigned a legal advocate, unless you refuse that option. 4

5 If you have suffered another type of dangerous crime such as a serious assault or robbery, you must ask the police for a legal advocate if you want one. The police will advise you about your options for being assigned a legal advocate. The court decides whether you meet the conditions for having a legal advocate assigned to you. The court also decides which legal advocate to assign. If you want a specific attorney to help you, you must ask for that person. If you have been raped or suffered a similar type of assault, you will have the opportunity to talk to your legal advocate before the police question you the first time. In some cases the police may need to ask you questions before you have spoken with your legal advocate. CONTACT PERSON If the police expect that you will have to testify in court, you will be assigned a contact person in the police service or the Prosecution Service. This means you only have to contact one person if you have questions about your case. This system is used in particular for cases involving rape, violent assault or serious threats. You may also ask the police to assign a contact person for you. 5

6 VICTIM-OFFENDER MEDIATION In some cases, you can decide to participate in victim-offender mediation. This is a meeting between you and the offender, in which you can talk to the offender under safe conditions about what happened. Participation in the meeting is voluntary for you and the offender. A mediator will be present. Victim-offender mediation is only possible if the offender has admitted his or her guilt. The police assess whether a case is suitable for mediation. If you are interested in participating in victim-offender mediation, you must suggest it to the police. You can read more at or ask the police about the option. OTHER HELP OPTIONS Victim Support Denmark can put you in contact with professionals who can offer various types of advice and guidance. You can also contact this service if you need to talk to someone anonymously. Every police district has a Victim Support service. You can find addresses and read more at: 6

7 You can also contact Victim Aid Denmark, a private association that offers various types of help, advice and guidance. Read more at If you have been sexually assaulted, you can also seek advice and guidance from the Centre for Victims of Sexual Assault. Read more (in Danish) at Your local authority can also help if you need support as a result of the crime committed against you. In some cases, your own doctor can refer you to a psychologist. In some cases, the crime against you may entitle you to State compensation. You can read more about the Criminal Injuries Compensation Board at: 7

8 If the case goes to court If the police find the offender, and the case is going to court, the Prosecution Service will send a letter informing you that charges have been brought in the case. NOTICE OF THE COURT HEARING As a rule, you will have to testify in court. This means that you must appear in court and explain what happened. You will receive a letter telling you where and when to appear in court. You will also be summoned to appear in court if you have made a claim for compensation against the person who has been charged. If you do not have to appear as a witness in court and are not making a claim for compensation, you can always ask the Prosecution Service when and where the court hearing is being held. As a rule court hearings are open to everyone. You can ask the court or the Prosecution Service for a free copy of the judgement. IF YOU HAVE TO APPEAR IN COURT AS A WITNESS If you are called as a witness, you are obligated to appear in court. When you are summoned as a witness, you will be informed how a court hearing takes place and of your obligations and rights as a witness. If you are unsure how the case will be dealt with in court, before the court hearing you may talk to your legal advocate, your contact person or the public prosecutor who is handling the case. This is also the case, if appearing in court as a witness is likely to cause you particular distress. 8

9 OPTIONS FOR SPECIAL CONSIDERATION If the court believes it would be particularly distressing for you to appear in court as a witness, the court can decide to make special considerations on your behalf. The public prosecutor or your legal advocate can usually clarify this with the court beforehand. In special cases, the police or the public prosecutor can make an arrangement with the court for someone to meet you when you arrive for the court hearing. It can also be agreed that you can wait in a special witness waiting room. That way you can avoid meeting the person charged or other witnesses while you wait. At your request, in some cases the court may decide that the person charged must sit so that you cannot see him or her when you give evidence. That could be at the very back of the courtroom, for example. The court can also decide in special cases that the person charged has to leave the courtroom while you give evidence. CLOSED SESSION If you have been raped or suffered a similar crime and must provide witness testimony in court, you have the right to request a so-called closed session while you provide your witness testimony. Your legal advocate or the public prosecutor in the case can ask the court on your behalf to decide that the session will be a closed one, not open to the public. 9

10 In certain situations with other serious crimes, you may also request a closed session while you testify as a witness. When the session is closed, only the people who are directly involved in the case can be present, and nothing said in court may be made public, for example, in the media. The court can make other decisions that may make it easier for you to testify. Talk to your legal advocate, your contact person or the public prosecutor about what the court can do. WHEN THE CRIMINAL CASE IS OVER You can ask the court or the public prosecutor for a free copy of the judgement when the criminal case is over. If you have asked to be informed where and when the case is heard in the City Court, you will be notified if the judgement is later appealed to the High Court. You will also be notified if you have to testify in High Court. In some cases, you may be informed when the offender is released after serving his or her sentence. In some cases, you may also be informed if the offender is going to participate in an interview in a newspaper or on a television or radio programme while serving their sentence. Your legal advocate or the police can tell you more about your options. 10

11 If the case has to be dropped In some cases, the police decide there is no basis to continue with the case, for example, if what has been reported is not a criminal offence. The police then reject the complaint and nothing further happens in the case. The police can also decide to discontinue their investigation. This happens, for example, it if proves impossible to find the offender. You will get a letter if the police reject your complaint or stop their investigation. The letter will inform you how you can appeal if you are dissatisfied with the police decision. Even if the police have charged a person, the public prosecutor may decide not to bring charges against the person so accused. This can happen, for example, if there is not enough evidence in the case. If that happens, you will get a letter from the Prosecution Service informing you that there will not be a criminal trial. The letter will inform you how you can appeal if you are dissatisfied with the decision made by the Prosecution Service. 11

12 Claiming compensation In some cases, the crime against you may entitle you to State compensation. The police will help you with the process of applying for compensation. If you have a legal advocate, that person can help you calculate the claim for compensation. You can read more about the Criminal Injuries Compensation Board at 12

13 Close relatives of a victim If the victim was killed by a criminal offence, the police or the Prosecution Service will inform any close relatives about the possibilities to follow the criminal case. Close relatives are those people closest to the deceased, such as a spouse or partner. Close relatives must be informed if charges are brought in the case, and told where and when the court hearing will take place, if they ask for such information. Close relatives must also be informed if the police or public prosecutor stops the investigation or decides not to bring the case to court. Close relatives may also appeal such decisions. In special cases, close relatives may ask the police to assign them a legal advocate. A legal advocate can answer any questions about compensation. The legal advocate can also help calculate a claim for compensation and present it to the court. 13

14 Read more In Danish on the police service website at > Borgerservice > Servicedeklarationer In Danish on the website of the Danish Crime Prevention Council at In English on the website of the Criminal Injuries Compensation Board at 14

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16 Director of Public Prosecutions Frederiksholms Kanal Copenhagen K