Your Rights as a Victim of a Crime

Nobody ever wants to be a victim, and hopefully we will never be faced with the pain or trauma of a crime being committed against us, or the aftermath. However, if we are, no matter how powerless we may feel, we still have rights.

Reporting a Crime

When you report a crime to the Police they have to abide by the very strict ‘Code of Practice for Victims of Crime’. Among other things this code ensures that you will be informed, within 5 days of your report, whether or not they intend to pursue an investigation.

If they do decide to investigate then you, as the victim, have the right to be informed of their progress on a monthly basis, at the very minimum, until they have finished their investigation. Similarly, if anyone is arrested and/or charged, then you have the right to be informed straight away.

If that person is then released on bail you have the right to know within 5 days, within a day if you are considered to be in danger.

If they do not investigate, or their investigation does not lead to a conviction that you are happy with then you have the right to take out a private prosecution but this is very expensive and you must make sure you take legal advice first.

Protection

Once you have reported the crime against you then there are many ways in which you, and your family, are entitled to be protected from intimidation or further offences by the criminal in question (or their friends and family). If the particular offender has a history of intimidating witnesses, or a string of other offences to their name, then the Police can decide to provide you with dedicated emergency phones, panic alarms and 24 hour surveillance of your home. If there is a proven danger to you or your family’s safety then they can also provide you with long or short term safe-housing or even change your identity and relocate you to a new life.

Victim Support

There can be nothing as distressing as being a victim of a crime, especially if that crime is violent in nature. The Code that the Police have to follow includes referring your case to the Witness Service and they can provide a dedicated counsellor who will help you deal with the feelings of powerlessness, anger or shock that can follow. You do not have to use this service but they are there to help you deal with what has happened, their expertise is invaluable and, no matter how tough you may think you are, it always helps to talk to someone.

Privacy from the Press

You may think that the crime against you was stressful enough, but this could be compounded by unwanted media interest. The Police may release details of the case to the media, in order to help themselves investigate the offence, but if this worried you then you have the right to tell them that you would rather your name was kept out of it. If the crime against you was sexual in nature then it becomes a criminal offence for anyone to release your details, nor are they permitted to release details of minors that may be involved, even peripherally.

What About Freedom of the Press?

While the media does have a right to freedom of expression under the European Convention on Human Rights, they have a responsibility towards you and your family to respect your private life and that of your family. The Convention does not give them free reign; it balances the two needs to, hopefully, the satisfaction of everybody.

The Crown Prosecution Service

As a victim you will have no say in how a prosecution is handled, no input into the decisions made and no right to appeal if they decide not to prosecute the offender. What you do have is a right to be informed, within 5 days, of any decision that makes a significant difference to the way in which the case is handled. You could be informed by letter, phone or, if the offence relates to a death, child abuse, racially-based offences or sexual offences, by face-to-face meeting.

In Court

You may have reported the crime that started the ball rolling but in Court you will not be a party to the proceedings, this is the sole arena of the Prosecution and Defence Counsel. You will have no right to representation and no legal status. You do have rights in relation to compensation orders, reparation and mitigation and, of course, the full support of the witness service.