Your Rights as a Victim of a Crime

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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.

If you're uncertain about which legal protections apply to your specific circumstances, you can use our free Rights Situation Checker.

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.

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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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.

The Next Step

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Now that you have read through the advice above, you might want to put it into practice. Our Rights Situation Checker lets you describe what has happened and find out which UK human rights protections apply and what you can do. Try it now →

Ask About Human Rights a Question
Richyroo 29/05/2020 at 11:22 pm
I caught a burglar climbing in through a first floor window. I saw he had a claw hammer on him at the time. I reported it but even though I knew the person's name, the police seemed reluctant to do anything about it.

So, I went to the police station after not hearing anything more about it. The Sergeant on the desk was surprised when he looked at the file. He said my name was not even mentioned. The burglar visits other tenants at the block of flats to intimidate and harass me. Again the police don't seem to be concerned about this. It seems that the burglar and his friends are pally with the Community Support Officers in the area and they tell her I have paranoid episodes. I don't but I don't have much corroborative witnesses, being new to the area.

That none of these people (who are identity thieves, hence the need to keep me isolated, so they can swing it in the numbers game) have got any training or qualifications doesn't seem to matter. It's like, if you say it enough times it must be true. If I report the abuse, the police knock MY door.

I am getting increasingly frustrated. I wish I never involved the police at all and just took care of the matter myself.
NellEvsy 19/01/2020 at 1:11 pm
hi my partner is currently on remand for violent entry to my home, common assault on me (he grabbed my wrist) and assault on two police officers when getting arrested. he was very drunk and possibly high at the time. I provided a witness or victim statement but now want to know if I can withdraw this or will either of us get in trouble for that?
Pete B 03/01/2020 at 6:28 pm
My brother is in prison and we have never had anyone in prison in the family before and we don t know, how things work we have visited and email him which is good, but will he stay at the same prison or be moved - when would he be allocated a social worker or probation office how does he get extra rights for good behaviour as i can t see him been a bad prisoner at all just need some we can talk to to get some answer we have
mrickey 20/08/2019 at 10:23 pm
My son is being held at HMP Bristol, he has not been convicted of any offense as yet so he should be classed as an unconvicted or remand prisoner, but for some reason the prison has classified him as convicted I have tried to book visits to see him only to be told that he can only have two visits a month, any letters sent to him either get to him weeks late or they don't arrive, I have since been informed that my son has been writing and sending letters to his family only to have them all returned to him, it seems to me that the prison is trying to drive him down as in the few times that I have been able to visit he is asking why his family are no longer writing when in fact they are but he does not receive them, so my question to you is the prison breaking his humen rights to make contact with his family.
asder 19/05/2019 at 1:15 am
hi

im a victim of a knife point robbery and will be attending court soon..

my question is im very scared to give evidance and my main concern is my name being printed in the press as this will shame my family and community.

do victims names always get published online?

i have requested reporting restrictions but i not sure on the outcome..

thanks
AboutHumanRights Editor 27/06/2018 at 2:48 pm
This depends on the offence and whether it's being heard at the Magistrates Court or Crown Court.
Gaz 26/06/2018 at 9:29 pm
How long after being charged at home does it take to get a court date I heard somewhere if they don't take you to court within 12 months then it's finished with is this right ?
Thanks in advance
AboutHumanRights Editor 09/05/2018 at 2:09 pm
We are not aware of any policy that refers to a 90 mile limit unfortunately. If a prisoner has children or infirm relations that find it difficult to visit, the prisoner can make an application to transfer, but the prison service does not have to grant the request.
Dee Dee 08/05/2018 at 8:39 pm
My husband is serving a prison sentence at present. He has been sent to a prison which is over 200 miles away. I have been told that they have to be within 90 miles from their hometown. I have visited him only twice in 5 months, as it is too expensive to travel on a weekly basis. He is not getting any other visitors either, as he is too far away. Is there anything I can do to complain. Thanks.
AboutHumanRights Editor 15/11/2017 at 2:42 pm
You might need to see a solicitor about this. If you weren't represented in court by one, have a look around, some solicitors offer a free first consultation.
Mrinnocent 14/11/2017 at 7:22 pm
Hi there quick question I have been on a curfew from 1900 to 0700 for 14 months but got found not guilty today is there any way I can get compensation as I've lost everything my job my car now I need to try and rebuild my life
JS2012 14/06/2017 at 12:57 am
When on remand are they allowed to lock someone in a cell on their own for 22 to 24 hours a day with no daily exercise? Study's show this can send a person mentally ill.
mxmc 11/03/2017 at 9:34 pm
In the last 2 years I have been subjected to inhumane treatment by;
. Local Authorities
. G.P (S)
. A certain Residential Judge
. Lawyer
I no longer have any trust in all of the above, for what they all have done is just unbelievable. These people can and have abused their power of authority.
Who do we turn when all else fails?, Who should we be trusting to protect us? The Justice system we do have is failing and turning a blind eye.
AboutHumanRights Editor 21/11/2016 at 2:29 pm
Unfortunately we can't give any advice here - it will be up to your husband to try and fight these charges himself if he isn't eligible for legal aid and cannot afford legal representation. Citizen's Advice might be able to help if he has all the evidence available to take to them.
SB 19/11/2016 at 2:52 pm
My husband has been charged with no insurance while driving, by City police. The officer has said that that is what it is for now, so he may be looking to prosecute for more taking it to court.

Complication: my husband has a record for driving offence etc when he was younger. But years clear since.

He was driving a TFL registered vehicle, hired from a hire company. He was working on the Uber platform.

The vehicle was supposed to be insured by the hire company for working as a cab (hire & reward insurance). When he went to pick up the car, all the paperwork was ready to sign- the hire agreement clearly stated the 'lessor' will organise the insurance. He had a copy of the insurance to keep in the car as required for a cab. They even had helped him upload the documents to his uber account from their computer. (insurance documents etc). He paid deposit and had been paying weekly rental.

At the time the police stopped him, they said the insurance was not right and he was not properly insured. Apparently the insurance only covered the 'employees' of the hire company to drive. They took the car and his phone. They said once the car is picked up, they will return his phone. The next day the hire company sent someone to pick the car up and my husband went to get his phone. They told him his going to be charged for no insurance while driving.

Today we find out the sergeant is also planning to do him for fraud. So the hire company said that they gave the car to him for him to sort his own insurance. And the insurance copy my husband has is not like the original copy (which they gave to police) and that he must have 'tipp-exd' out something about 'drive away & employees bit.

Now my husband only has the the hire agreement which clearly states they are to sort the insurance (and they themselves admit it is a tfl registered vehicle for hire). Yet they say it was agreed for him to get insurance? The insurance document was a copy and there is noway my husband could see that it was interfered with.

So they hire company is basically saying my husband tipp-exed out THEIR insurance document so he could drive a uber car.

He went to them specifically as they deal with taxi drivers hiring to work on the uber platform and paid them weekly for a Uber vehicle insured and everything so it was less hassle for him. He even asked them he only wanted for a month just to see if it was worth ubering. They allowed it.

My husband is currently doing the knowledge of london. And this was a way to earn money, free up time and help him with the knowledge while his out on the road. There is no way we would risk anything to have his license revoked, tfl license. The initial solicitor has said he can't get legal aid. Problem is he has done nothing wrong and to avoid a heavy sentence his been told to plead guilty.... to fraud and no insurance! Which means his knowledge and everything he uses to work is gone. We want to fight this as it is this com
Dylan Vole 26/11/2015 at 9:22 am
Yeah, eesh. I am starting to think that though constituted, the rights to the children and the victim isn't always present. Also, no TOILETRIES? I know you are restricted in prison, but having no toiletries is wrong. Jesus Christ, this is a really stupid police force, allowing someone to steal a kiddy is discombobulating and totally wrong.

Comments Below
miss x 12/08/2015 at 2:25 pm
HOW CAN SOMEONE BE BAND FROM A HOSPITAL FOR TRYING TO SNATCH A NEWBORN BABY AND END UP GETTING THE BABY. THE HEALTH VISTOR SAID REPORT HIM FOR WHAT HE WAS DOING TO THE BABY TO THE POLICE BUT HE STILL GOT AWAY WITH IT. HE HAS GOT AWAY WITH PUNCHING ME IN MY BREAST AND ARM IN N13 AND TRYING TO TURN OVER THE PRAM WITH MY BABY IN IT. HE HAS GOT AWAY WITH PUNCHING ME IN MY BREAST AND MY ARM AGAIN IN EDMONTON N18, HE DID THAT IN EDMONTON BECAUSE MY DAUGHTER RAN OVER TO ME SAYING MUMMY I LOVE YOU AND I WANT TO COME HOME WITH YOU AND DANILEL AND SHAUN HER BROTHERS, THE POLICE DID'NT HELP CAMERAS WERE AROUND BUT THE POLICE IGNORED WHEN I HAVE REPORT IT. THIS LITTLE GIRL SCREAMED HER HEART OUT WHEN HE ENTERED MCDONALD'S IN FORE STREET AND RAN UNDER THE TABLE AND WOULD NOT COME OUT. THIS IS THE WORST THING TO OF EVER HAPPEN TO ANYBODY ON THIS EARTH. HE KNOWES HE HAS DONE WRONG THIS IS WHY HE KEEPS RUNNING WITH MY DAUGHTER.
challenger1 27/06/2015 at 1:12 am
I would like to know why my partner who has been sentenced to 12 months will serve 3 months has not been inducted in to the prison system has not been informed of the process to arrange visitation for her 2 under 8 children and myself, she has not been informed what water is safe to drink she is in smoking block however given a single room she is subjected to smoke most of the time from she walks to and from her cell through smoke filled corridors for her meals, shower etc, she has not been given addition toiletries because she has not been inducted and does not know the system,she was convicted and sent to prison with no personal items as she was not informed prior to the court case that she may be imprisoned ,i have contacted the prison on 3 or more occasion and have also raised this with my mp is this the way that someone should be treated in prison as a 1st time offender ??
Anton Torture Victim 04/04/2015 at 3:14 am
I have been subjected to torture since 2009 as a vulnerable adult by all local authorities who became disabled then I have been subjected to pshycological torture since 2011 I receive no form of help from any source and refused medical help since 2009.

Lost.
Redforever 11/03/2015 at 2:34 pm
My future son in law has been waiting for nearly two years for his case to be heard he was in court in September 2014. The case was adjourned till April 2015 the witnesses did not turn up my future son in law did not commit the crime he is being set up by his old friend one of the witnesses. He is quite prepared to wait but now the barrister representing him has a more pressing case at the same time. How can they do this when the boy has already had to go to court for something he didn't do now he has to go through it all again with a different barrister I don't think this is right at all.
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