A Guide For Victims and Witnesses
A Guide For Victims and Witnesses
Who is my lawyer?
Victims and witnesses do not have separate lawyers to represent them. However, there is a Code of Practice for Victims of Crime which ensures that victims are kept fully informed and involved in their cases by the police and by the CPS. Further information is available on our website at www.cps.gov.uk under Victims and Witnesses. Furthermore, the CPS has made commitments to victims of crime in The Prosecutors Pledge,
which include taking account of the views of victims when making decisions on a case, ensuring that as much support as possible is given to victims when they are at court, and promising to keep victims informed of key developments in the cases in which they are involved. The Prosecutors Pledge can also be found on our website at www.cps.gov.uk
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continue no matter how serious a case it may be. If the case does pass the evidential stage we must then decide if it is in the public interest to prosecute.
What things does the CPS consider when deciding if it is in the public interest to prosecute?
A balance has to be struck between the views and interests of the victim and the risks to that victim and to other individuals. The safety of the victim and any children will be a key factor for us to consider. If there are children in the household where there is abuse we will want to know about the effect it has had on them. Some examples of what helps us decide whether it is in the public interest to prosecute are: the seriousness of the offence, the victims injuries, whether children are involved, whether a weapon was used, and whether there has been violence before.
attend court or be remanded in custody. The court will then decide if the defendant can be given bail (with or without conditions) or should remain in custody. After appearing in court, the defendant will be asked if he admits the offence (pleads guilty) or denies the offence (pleads not guilty). Depending on the nature of the charge and the seriousness of the case, it will be heard at either a magistrates court or the Crown Court. If the defendant has pleaded guilty, the case may be put off to another date for reports to be prepared by the Probation Service or it may be dealt with there and then. If the defendant has pleaded not guilty, a trial date will be set. At the trial, evidence will be heard by the court. Witnesses will need to come to court to give their evidence in person, although in some cases evidence can be read out. The defendant will be found guilty if the magistrates or jury are sure that the defendant committed the offence.
person on bail or to keep him in custody for the court to decide. We may ask that the defendant remains in custody to protect you or other witnesses or to stop further offences from being committed. We will work closely with the police and, where possible, obtain your views about bail conditions (for example, the defendant may have a condition not to approach you, your home address or your children) and any proposed variations. Ultimately, the court will decide whether or not the defendant is given bail. If the defendant breaches their bail conditions, the police can arrest them and the court can remand them in custody.
Examples of special measures include: screens, use of a separate room (sometimes in a different building) with a live television link through to the court room, use of communication aids, giving evidence through an intermediary (who can help the witness communicate with the court), and clearing the public gallery.
How do I let the court know how this has affected me?
You will be asked by the police if you would like to make a Victim Personal Statement. A Victim Personal Statement is different from a statement made to the police describing the incident. The purpose of this statement is to ensure that the court understands the victims views before it decides on the defendants sentence. Through this statement, a victim of crime can explain the effect that the crime has had on them. This can include physical, emotional or financial aspects. The statement is optional. It can be made at any time and it is possible to make more than one statement. Copies of the statement will be provided to the defence and the court.
Further information about restraining orders can be found on our website at www.cps.gov.uk in the Legal Resources section.
Who can I speak to if I am not happy with the way in which my case has been treated?
Anyone who has a complaint about the way they have been treated by the CPS, or feel that the criminal justice system has let them down and does not know who may be responsible, can write to the Chief Crown Prosecutor for the CPS Area where they live. Details about the CPS feedback and complaints policy, and the procedure to follow, can be found on our website: www.cps.gov.uk
Further copies of this leaflet may be obtained from: CPS Communication Division Rose Court 2 Southwark Bridge London SE1 9HS Tel: 020 335 70913 Email: [email protected]