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Victims' Right to Review Scheme |
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Good morning,
Hope this WMNow message finds you well.
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 reviewedYou have the right to request a review if it's been fewer than three months since the police decided: not to charge someone that the case doesn’t meet the test for the Crown Prosecution Service (CPS) to charge someone This applies even if you: previously withdrew your complaint and have now reinstated it were not cooperating with the investigation but are now It does not cover decisions on whether: a crime is recorded an investigation into a crime can continue the Crown Prosecution Service (CPS) charge someone Find out what can you do if the CPS decide not to charge someone.
Cases that can not be reviewedVRR does not apply to cases where: a suspect has not 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 victim withdraws their complaint or chooses not to continue engaging with the investigation, so police decide not to charge or to refer the case to the CPS the victims complaint is currently withdrawn, or they have chosen not to continue engaging with the investigation an out-of-court resolution has been given, such as a 'conditional caution' or 'community resolution' 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 whenYou must request a review within three months of the police decision not to charge. You can request a review of the case if you are: a victim of a crime a close relative 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 Member of Parliament (MP) registered victim support service We will need written confirmation that they have permission to act on your behalf. You can withdraw your permission at any time. Contact the officer handling your review. You should get their name and contact details by letter or email when your review starts. If you don’t have their details, you can contact us online and we’ll help you reach the right officer. If you are applying for a review on someone else’s behalfWe will need written confirmation that the victim will allow you to act on their behalf. Claiming to have permission when you do not is a serious offence.
How to apply for a reviewOnlineComplete an online application. By postWrite to us with: your full name a contact phone number and email address your full address and postcode what the offence is (quote the offence as written on your email from us) the date the crime happened any reference you have been given (for example a crime reference number) if you are not the victim, the victim’s name and your relationship to them
What happens nextWe 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 reviewsThere 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.
Have a great day, Steven | ||
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