BACKGROUND INFORMATION: Supporting Victims and Witnesses is central to the service Northumbria Police provides to its communities, it is important that the right level of support and information is provided to assist victims of crime to cope and recover from their experience. It should also be recognised that, as cases progress to the Criminal Justice system, additional guidance may be required to assist victims and witnesses with a process they may be unfamiliar with. Introduction The Victims Code of Practice (VCOP) 2015 sets out the minimum services victims of crime are to be provided by each agency (service provider) as a case progresses through the Criminal Justice System. The code sets two standards of service delivery depending on whether you are likely to require an enhanced service. Victims of Crime are entitled to receive the services described below and be provided with information (when required) within 5 working days of the event, however, if the victim is entitled to an enhanced service this information will be provided within 1 working day. An automatic right to enhanced service will apply to all victims who are either: Vulnerable Intimidated Persistently targeted victim Victim of the most serious crimes Victim or Witness under 10 years of age The assessment of vulnerability and entitlement to an enhanced standard of service will be determined by the needs assessment conducted by the officer upon 1st contact with the victim. The various stages at which the victim is entitled to information is as follows: 1. Police Investigation 2. Pre-trial Charge and Bail 3. Trial 4. Sentencing Information 5. Appeal 6. Post Trial 7. Restorative Justice 8. Applying for Compensation 9. How to make a complaint 1. Police Investigation/Report of Crime The Police obligations with regards to victims of crime at this stage are: a) Conduct a Needs Assessment b) Agree level of information to be provided and at what stage this is required c) Arrange referral to support services d) Provide information on Victims Code, referral agencies/procedure and how to complain e) Record Victim Personal Statement (VPS) and how the victim wishes this to be communicated to the court. f) Assess for the potential of a Special Measures application g) Apply Young Witness protocol if victim or witness is under 10 years of age
Following the report of a crime the police will conduct a detailed needs assessment on all victims of crime and record the information on the Victims Contract and Force System. As part of the needs assessment the Officer in Charge (OIC) will establish the following: Any cope and recovery needs Entitlement to enhanced service Any information to be provided, method and timescales for delivery Detail if no support needs are present and no information update is required Cope and Recover Needs and Referral to Support Provider If any cope and recovery needs are identified the case will be referred to Victims First Northumbria Victims First Northumbria is an independent organisation offering support, practical help and information to people from all communities. This is provided by trained staff who on receipt of a referral from Northumbria Police will co-ordinate the care of victims of crime in respect of both their emotional and practical support, by putting them at the heart of this bespoke service. Once a victim has been referred to the Victims First Northumbria service, they will be the single point of contact for the life of the case including progression through the court process. Further information on the services that Victims First Northumbria provide can be found on the Victims First Northumbria website Information Only Required Where the victim requires information only on the progress of the investigation and has no identified cope and recovery needs, the method and timescale for this information to be provided will be agreed and recorded on the Victim Contract The OIC will be responsible for delivering the information and will be the single point of contact for the victim up to the institution of court proceedings. Once court proceedings have commenced, the single point of contact will be Court Liaison (formally Witness Care Unit). No identified needs and information not required If no cope and recovery needs are identified and no information is required the Victim Contract should be updated and no further contact provided. If court proceedings are commenced then any potential involvement in the court process for the victim (eg. Witness Warning) will be managed via Court Liaison. Additional Information to be provided at first contact As part of the initial victim contact, the victim will be provided with a Victim of Crime leaflet. This will provide information on the Victims Code, details on how to contact Victims First Northumbria and other support routes should they not require support at a later date. The leaflet also provides information on how to make a complaint and the address of a dedicated victim based website which holds a comprehensive set of information documents including details on Restorative Justice and general advice for victims of crime. Victim Personal Statement (VPS) The VPS is intended to give victims of crime a formal opportunity to describe how they have been impacted by the crime. When taking an evidential statement from a victim of crime the officer must
also offer the opportunity for the victim to make a VPS. If a VPS is taken then the officer must record the method for delivering this statement to the court. Victims have the right to choose whether or not to request that the statement be read to the court by the Prosecutor on their behalf, or request that they be able to read the statement personally at court. This information must be available on the evidential file for the 1st court hearing. Further information on the VPS and how to record both the VPS and method of delivery is included in the attached procedure (click here to access the VPS). Special Measures Application Victims may be required to give evidence at court and may be entitled to do so using Special Measures. Special Measures is a collective term for aids that assist victims/witnesses in presenting their evidence to the court and include examples such as screens to protect face to face contact and video links etc. An application to apply for Special Measures should be made to the court at the earliest opportunity and the relevant documentation (MG2) provided by the police to the Crown Prosecution Service (CPS) for the 1st hearing with the initial evidential file. If you consider a victim to be vulnerable or intimidated in accordance with the following definition you must consider if an application for Special Measures is required Victim is under 18 year of age, or The quality of the victims evidence is likely to be affected because of any of the below: Mental Health Intelligence or Social Functioning Physical disability or disorder Fear or distress about giving evidence in court Intimidating behaviour by or on behalf of defendant towards victim/witness Sexual offence or Human Trafficking offence Age/Cultural/Religious/Domestic or Employment Further information on the Special Measures process, what potential measures are available and the process on how to record a Special Measures application is included in the attached procedure 2. Pre-trial Charge and Bail The victim is entitled to be informed (if requested during needs assessment) if an investigation is closed or in the event a suspect is identified the following information: Arrest Disposal and Final Outcome following bail Reason for a decision not to prosecute (NFA) and why Right to request the decision not to prosecute be reviewed (applies to both Police and CPS decisions). Details of the Victims Right to Review will be included in the Victims of Crime leaflet and available on Police and Victims first web-site Post Charge Following the decision to charge a suspect with a Crime additional obligations are placed on the Police and CPS post charge.
The victim is entitled to the following: 1. To be informed of the initial court hearing (if required) 2. To be informed of the outcome of the 1st hearing 3. To being informed of any subsequent court hearings 4. To be contacted following a Not Guilty Plea and informed of the Trial 5. If warned to give evidence an assessment of victims needs conducted and relevant support arranged including Pre-trial visit if required Every victim will be contacted following the 1st hearing, informed of the outcome and a second contract agreed dependent on the level of information/contact requested by the victim. This will be further re-visited and refreshed should the victim be required to attend court as a witness. If the victim is already being supported by Victims First Northumbria than they will continue to provide the support for both the victim and witnesses right through the court process. If no cope and recovery needs were identified and no referral to Victims First Northumbria made then the responsibility for managing the court process and Prosecution Support for these victims and subsequent witnesses will be Court Liaison. If, however, during the court process any cope and recovery needs are identified then the Court Liaison section will refer the victim to Victims First Northumbria. 3. Trial On arriving at court Victims and Witnesses should be able to enter the court by a separate entrance (if available) and wait in a discreet waiting area away from the suspect or their supporters. The Witness Service, an independent national service managed by the Citizen Advice Bureau, will have staff/volunteers based at each court centre and will be available to help and assist witnesses on the day of the trial. The CPS Prosecutor will wherever possible meet with the victim/witnesses in advance of them giving evidence, they will explain the process on the day and the likely timescale victims/witnesses may have to wait for the case to be heard. Any Special Measures procedures that have been granted by the court will be in place and the victim will be able to read, or have their VPS read to the court following a conviction in the case. 4. Sentencing Information Following the conclusion of a case the victim will be informed of the court s decision and any sentence given to the suspect (if convicted) and a short explanation about the meaning and the effect of the sentence. This information will be provided by either Victims First Northumbria or Court Liaison depending on who has been appointed as the single point of contact (see Post Charge above). 5. Appeal If an appeal is made against the court s decision to convict a suspect, or against the sentence passed by the court, the victim will be informed of this decision. The nominated single point of contact will inform the victim/witness of the relevant date, location and outcome of the appeal and support the victim/witness should any future hearings be required.
6. Post Trial Victims of violent and sexual offences where the offender is sentenced to a custodial sentence of 12 months or more will be referred to the Probation Service Victim Contact Scheme. The Probation Service will liaise with the victim and, if required, keep the victim informed at key stages of the offender s sentence, such as a transfer to open conditions, applications for parole, release dates and conditions that may be attached to any release from prison. The contact point for these updates will be via the Victim Liaison Officer from the Probation Service and not Victims First Northumbria or Court Liaison. 7. Restorative Justice All victims of crime are entitled to be informed about Restorative Justice and what options are available, should they wish to consider the option of a Restorative Justice solution. This information should be provided at the 1st appropriate opportunity and officers are asked to consider if it is appropriate to discuss as part of the initial needs assessment. Should this not be appropriate the option of Restorative Justice can be explored during any subsequent cope and recovery plan, or the victim will be made aware of how to ask for the option of Restorative Justice to be explored within the Victim of Crime leaflet. Restorative Justice can be considered at any stage of the Criminal Justice process and can be applied either as part of a Community Resolution, Out of Court Disposal or either Pre or Post Court Sentence. If a victim is interested in exploring the option of Restorative Justice (other than those delivered immediately as part a Community Resolution) then they should be referred to Victims First Northumbria who will manage and co-ordinate the Restorative Justice Process alongside relevant partner agencies (Youth Offending Teams, Probation etc). 8. Applying for Compensation Compensation for loss or damage to property should be considered as part of the investigation process, and where appropriate loss recovery included in the decision making process for the most appropriate Criminal Justice outcome. If the suspect is charged to court then the details of any compensation sought should be included within the evidential file submitted for the first court hearing. If a victim is considering a claim for compensation following an injury then they should be directed to the Criminal Injuries Compensation Authority for advice and appropriate guidance. 9. How to make a complaint If the victim is dissatisfied with the level of service provided or if they feel that they have not received a service they were entitled to under the Victims Code then they should make contact in the first instance with the relevant service provider (Police, CPS etc). If the internal complaints procedure fails to address the issue successfully then the victim may contact the Parliamentary and Health Ombudsman via the victim s Member of Parliament (MP). The Parliamentary and Health Ombudsman will consider any complaints referred to them and undertake an independent investigation, where appropriate.