Hate Crimes

3. Victims’ Right to Review scheme

1. What to expect as a victim or witness of a crime

The Victims’ Right to Review (VRR) Scheme gives victims the right to ask for a review of a police decision not to charge a suspect.

VRR applies to cases where a suspect has been identified and interviewed under caution. This happens either after they’ve been arrested or because they’ve volunteered to be interviewed.

Cases you can ask to be reviewed

You have the right to request a review if the police decide:

not to charge someone

where the police decide that the case doesn’t meet the test for the Crown Prosecution Service (CPS) to decide to charge someone

VRR only applies where the decision is made not to charge or not to pass the case to the CPS to make a decision to charge someone.

It doesn’t cover decisions on whether a crime is recorded or whether an investigation into a crime can continue. If the CPS decides not to charge someone, their website explains what you can do.

Cases that can’t be reviewed

VRR doesn’t apply to cases where:

a suspect hasn’t been identified and interviewed
only some of the charges are brought against some of the suspects
a positive decision has been made about someone else in connection with the incident. This could include a range of outcomes. For example, community resolutions or a caution, through to charge and a court appearance
the suspect is charged with a different crime from the one that was recorded and complained about by the victim. For example, the suspect is charged with common assault but an offence of actual bodily harm was recorded
the case has been closed
the victim withdraws their complaint, or refuses to cooperate with the investigation, so police decide not to charge or to refer the case to the CPS

Sometimes an investigation into an offence is ongoing, so even though police have made a decision on whether to charge someone, a VRR consideration may be postponed until the investigation is complete.

The scheme applies to any decision made on or after 1 April 2015.

If your request to review relates to the CPS VRR scheme, you can request a review on a decision made on or after 5 June 2013. As this is a CPS scheme, the right to review lies with them. Visit the CPS website for more information.

Who can ask for a review and when

You must request a review within three months of the decision not to charge.

If the case qualifies under the scheme, any victim of a crime can request a review of the case.

Other people can apply on behalf of a victim. These include:

close relatives of someone who has died as a result of a crime
the parent or guardian of a victim who is under the age of 18
someone who is representing a victim who has a disability or who has been badly injured as the result of a crime which means they can’t represent themselves
a business

You can ask someone to act on your behalf, such as a solicitor or Member of Parliament (MP). If you do, we will need written confirmation that they have permission to act on your behalf.

How to apply for a review

To request a review of a police decision not to charge, email us:

your full name
how you would like us to contact you (by phone or by post)
a contact phone number and/or email address
your full address and postcode
what the offence is (quote the offence as worded on your letter or email from us)
the date the crime happened
any reference you have been given (eg crime reference number)
if you are not the victim, the victim’s name and your relationship to them

What happens next

We aim to contact people within 10 working days to let them know we have received their request.

An officer, who wasn’t involved in the case, will be assigned to review the case. The officer’s role is not to review the previous decision, but to take a fresh look at the evidence and to make their own decision.

A review is usually completed within 30 working days. In complex or sensitive cases, it may take longer. You will be given regular updates.

Outcomes of reviews

There are six potential outcomes of a review:

the new officer reviewing the case agrees with the first decision
the new officer disagrees with the first decision and the suspect is charged by the police, or the decision to charge is sent to the CPS
the original decision is overturned and the suspect dealt with out of court (an out of court disposal). This is a way of resolving an investigation for offenders of low level crime and anti-social behaviour.
the new officer disagrees with the decision and the case is sent to the CPS for a decision to charge.
the police decide they need to investigate further so the new officer can make a decision.
the new officer disagrees with the decision but the statute of limitations has run out so nothing more can be done.

We will contact you to let you know the outcome.

If you’re not happy with the decision, you can apply to the High Court for a judicial review.

Giving a witness or victim statement

In this section:

3. Victims’ Right to Review scheme

4. Giving a witness or victim statement

1. What to expect as a victim or witness of a crime

If you’re the victim or witness of a crime, you may be asked to make a witness statement.

This is your written or video recorded account of what happened to you, what you saw, heard or know about the crime. An officer will ask you questions to find out exactly what happened or what you know.

We’ll try to arrange a convenient time and place for you to give your statement. It could be at a police station, your home or at work.

If you have difficulty understanding or speaking English, you can ask for an interpreter. You can also ask for the translation of any documents you need to read in court or to add to your statement.

When you make a statement the officer will:

explain why you need to make a statement
ask if you need help to make the statement
let you read it to check that it’s correct, or ask someone else to read your statement back to you
change anything you’re not happy with
ask if there’s any other information you want to include
ask you to sign your statement
explain what will happen next

When you sign a witness statement you’re agreeing that the statement is true. This means what you’re saying in your statement is true to the best of your knowledge.

Your witness statement may be used as evidence in court.

You don’t have to give a statement but you might still be asked to go to court and say what you know.

Victim Personal Statement (VPS)

If you’re a victim, as well as giving a witness statement, you can also give a Victim Personal Statement (VPS). This lets you explain, in your own words, how the crime has affected you physically, emotionally, financially or in any other way.

If someone has been found guilty, the court will consider your VPS when they’re deciding how to punish them for the crime.

You can make a VPS if:

you’re giving a witness statement or evidence by video recorded interview
you’re vulnerable (under 18 years old, have a physical or mental health disability)
you’ve been intimidated (frightened or threatened) by someone involved in the case or someone linked to someone involved in the case
you’ve been a victim of the most serious crime (rape or other sexual assault, domestic abuse, hate crime, attempted murder) or have been targeted repeatedly

If none of these apply to you, you can still ask to make a VPS.

If the defendant is found guilty, you can ask to read out your VPS in court or get someone to read it for you.

The court will consider your VPS before sentencing an offender, whether it’s read out or not.

Going to court

In this section:

3. Victims’ Right to Review scheme

5. Going to court

1. What to expect as a victim or witness of a crime

Only a small number of cases end up in court, but as a victim or witness of a crime if you’re asked to give evidence in court, you must go.

You’ll only have to go to court if the defendant (the person accused of the crime):

denies the charge and pleads ‘not guilty’; or
pleads guilty but denies a part of the offence which might affect the sentence they’re given

Find out more about how the courts work.

Preparing for going to court

If you’re asked to give evidence in court, we can make sure you get help and support.

We’ll introduce you to a member of the Witness Care Unit.

This person will be your contact during the trial. They’ll:

answer any questions you have
give you all the information you need
make sure you’re prepared

They can arrange a court visit before the trial so you can see what the courtroom looks like. They’ll also explain where key people might sit and what happens on the day of the trial.

On the day, you may be able to arrive through a different entrance to the defendant and wait in a separate area.

Special measures

If you’re feeling vulnerable or are afraid of the offender, or if a child or young person is giving evidence, the court may be able to provide ‘special measures’, these are:

giving evidence from behind a screen or by a live link from another room
trained professionals, called intermediaries, who can help to explain things
giving evidence in private, with no press or public allowed in the courtroom
communication aids (eg alphabet boards, speech systems)

To find out more about going to court as a victim or witness, visit the Crown Prosecution Service. And there’s information for witnesses at Citizens Advice.

For those attending court in Scotland, the above services are provided by the Crown Office and Procurator Fiscal Service. For more information visit the Scottish Government’s website or the Crown Office and Procurator Fiscal Service

What happens if I don’t go to court?

If you have any concerns about going to court, you must tell the person who asked you to go as soon as possible. They can help explain things to you and look at what support you can get.

If you won’t go to court, you may get a ‘witness summons’ from the court. A witness summons says you have to go to court.

If you still fail to go to court without a good reason, you could be ‘in contempt of court’ and you may be arrested.

Expenses for going to court

You can claim expenses when you go to court as a:

prosecution witness (from the CPS)
defence witness (from the defence lawyer)

Your employer doesn’t have to pay you for your time off work.

Prosecution witnesses

You can claim expenses from the CPS for travel, meals, drinks, loss of earnings and childcare.

If you’re not sent an expenses form before the trial, ask for one from a court usher or someone from the Witness Care Unit.

Defence witnesses

If the court usher doesn’t give you an expenses form, ask the court or the defence lawyer if you can claim expenses for your time in court.

Returning property

When an item is no longer needed as evidence or as part of the investigation, you have the right to get it back as soon as it’s no longer required.

What happens after the trial?

In this section:

3. Victims’ right to review scheme

6. What happens after the trial?

1. What to expect as a victim or witness of a crime

After the trial, the Witness Care Unit will tell you the outcome of your case. If the defendant is found:

not guilty, this means the charge against the defendant couldn’t be proven beyond a reasonable doubt
guilty, the judge or magistrates will decide on their sentence

Why a sentence is given will be explained to you. If the defendant appeals against their conviction or sentence, you’ll be told about the appeal and its outcome.

Appealing against a sentence

If you think a sentence is too low, you can ask for it to be reviewed by the Attorney General’s Office. You need to request a review, in writing, within 28 days of the court’s sentencing decision.

For more information on appeals visit the UK government’s website or the CPS.

Victim Contact Scheme (VCS)

You’ll be asked if you want to join the Victim Contact Scheme if:

you’re the victim of a violent or sexual crime

and
the offender is sentenced to 12 months or more in prison (or kept in hospital for treatment under the Mental Health Act 1983)

You’ll get a letter from the National Probation Service (NPS) asking if you want to join the Victim Contact Scheme. If you join you’ll be given a Victim Liaison Officer who’ll let you know about any changes in the offender’s sentence, for example if they’re moved to an open prison, or how and when they’ll be released.

You won’t be told where the offender is being held.

The Victim Contact Scheme can also speak for you at the offender’s Parole Board hearing. They can give your feedback on any ‘licence conditions’, the rules the offender must follow if and when they’re released on parole, for example not contacting you and your family.

If you decide not to join the VCS when you’re asked about it but later change your mind, or if you’ve not been asked but think you want to join, you can email the Victim Contact Scheme.

Restorative justice

As a victim, you may be able to take part in ‘restorative justice’, if the offender pleads guilty.

Restorative justice lets victims of crime tell the offender how the crime has affected them, gives the offender the chance to explain why they committed the crime and is a chance for both to talk about ways to put things right.

This can be a face to face meeting or a letter, recorded interview or video.

Restorative justice is used for any type of crime and at any stage of the criminal justice process, including if the offender is serving a prison sentence.

For more information visit the Restorative Justice Council.

If you think your rights as a victim or witness haven’t been met

You can complain if you’re not happy with a service or can’t get a service you need. You can complain directly to the service (eg make a complaint to the police or the CPS).

If you’re not happy with what they say, you can make a complaint to the Parliamentary and Health Service Ombudsman.

How victims of crime can apply for compensation

If you’re the victim of a crime that’s left you injured, or with lost or damaged property, you can apply for compensation.

What happens after the trial?

In this section:

3. Victims’ right to review scheme

6. What happens after the trial?

1. What to expect as a victim or witness of a crime

After the trial, the Witness Care Unit will tell you the outcome of your case. If the defendant is found:

not guilty, this means the charge against the defendant couldn’t be proven beyond a reasonable doubt
guilty, the judge or magistrates will decide on their sentence

Why a sentence is given will be explained to you. If the defendant appeals against their conviction or sentence, you’ll be told about the appeal and its outcome.

Appealing against a sentence

For more information on appeals visit the UK government’s website or the CPS.

Victim Contact Scheme (VCS)

You’ll be asked if you want to join the Victim Contact Scheme if:

you’re the victim of a violent or sexual crime

and
the offender is sentenced to 12 months or more in prison (or kept in hospital for treatment under the Mental Health Act 1983)

You won’t be told where the offender is being held.

If you decide not to join the VCS when you’re asked about it but later change your mind, or if you’ve not been asked but think you want to join, you can email the Victim Contact Scheme.

Restorative justice

As a victim, you may be able to take part in ‘restorative justice’, if the offender pleads guilty.

Restorative justice is used for any type of crime and at any stage of the criminal justice process, including if the offender is serving a prison sentence.

For more information visit the Restorative Justice Council.

If you think your rights as a victim or witness haven’t been met

You can complain if you’re not happy with a service or can’t get a service you need. You can complain directly to the service (eg make a complaint to the police or the CPS).

If you’re not happy with what they say, you can make a complaint to the Parliamentary and Health Service Ombudsman.

How victims of crime can apply for compensation

If you’re the victim of a crime that’s left you injured, or with lost or damaged property, you can apply for compensation.

Victim and witness support organisations

3. Victims’ Right to Review scheme