Victims Right to Review

The Victims Right to Review scheme gives victims of crime, in certain circumstances, the right to ask for a review of a police decision not to prosecute.

When is it applicable?

It is only applies to decisions not to prosecute that made on or after 1st April 2015 and to cases in which a suspect has been identified and interviewed under caution, either following an arrest or by voluntary interview.

Your right to request a review arises in the following circumstances where police decide:

Not to bring proceedings in cases where they have authority to charge a suspect; or
The case does not meet the evidence standard for the required Threshold test to refer the matter to the Crown Prosecution Service for a decision to charge an offender. You can read more about this on the Crown Prosecution Service website.

Are there cases that do not qualify for the Police Victim Right to Review?

Yes. The following cases do not fall within the scope of the Police Victim Right to Review:

Cases where no suspect has been identified and interviewed, for instance cases investigated and closed after initial report;
Instances where charges are brought in respect of some (but not all) allegations made or against some (but not all) possible suspects;
Cases where a charge is brought that relates to the matter complained about by the victim but the offence charged differs from the crime recorded; for instance the suspect is charged with common assault but an offence of actual bodily harm has been recorded;
Cases concluded by way of out of court disposal; for instance the suspect is given a conditional caution for the offence; and
Cases where the victim retracts their complaint or refuses to co-operate with the investigation and a decision is therefore taken not to charge/not to refer the case to the Crown Prosecution Service for a charging decision.

Who can apply under the Police scheme?

Any victim (as defined in the Code of Practice for Victims of Crime 2015) whose case meets the criteria can seek a review of the police decision not to prosecute. Applicants can include:

Close relatives of a person whose death was directly caused by criminal conduct;
Parents or guardians when the main victim is a child or youth under 18;
Police officers who are victims of crime;
Family spokespersons of victims with a disability or who are so badly injured that they cannot communicate;
Businesses, providing they give a named point of contact.
The Police should have been notified of your right to ask for a review at the point you were informed of the decision not to prosecute.

The Victim Right to Review is intended to allow the victim to have a way to appeal a decision not to prosecute. It is separate and distinct from any complaint process regarding conduct or service.

Is there a time period within which I can ask the police for a review?

Yes, you can request a review within 3 months of being notified of the decision not to prosecute.

How long will it take?

Once we receive your request we will acknowledge your request within 10 working days. Wherever possible, the review will be completed and the decision communicated to the victim within an overall timeframe of 30 working days (i.e. 6 weeks from receipt of the request from the victim).

If the case is particularly complex or sensitive, it may not be possible to provide a VRR decision within the usual time limits. In such cases, you will be notified and provided regular updates on the progress of the review.

What can I expect?

There are six potential outcomes of a review:

The original decision is upheld;
The decision is overturned and proceedings are commenced against the suspect, i.e. they are charged/summonsed;
The original decision is overturned and the suspect is dealt with by way of an out of court disposal for example a caution;
The original decision is overturned and the case is referred to the CPS for a them to make a decision;
It is determined that further enquiries need to be completed before the reviewing officer can make their decision;
The original decision is overturned but the time within which information can be laid is out of time (statute-barred) and proceedings cannot be instigated.

Apply for a review

To apply for a review, write to:

Police Victims’ Right to Review Scheme, Cleveland Police, Shared Service Centre, c/o St Marks House, St Marks Court, Thornaby, Stockton-on-Tees. TS17 6QW.

Your letter must include the following

Your name;
Date of birth;
Address and postcode;
Contact phone number and/or email address;
How you’d like us to keep in touch.

If acting on behalf of the victim, please supply the following additional details:

Your name;
Details of your relationship to the victim;
A declaration stating you are acting on the direct instructions of the victim;
If the victim can’t communicate, is a minor or suffering from severe disability and can’t provide instructions, a declaration that you have a legitimate and lawful authority to act on their behalf.

Your letter must contain details of why you’d like the incident or crime reviewed. It would help if you could also provide:

The reference number for the incident/crime;
Date and time of the incident/crime;
Names of the people involved.

We require the same information, as above, if you call us on 101 and request a Victims Right to Review.

The Crown Prosecution Service’s Right to Review

in addition to the police, the Crown Prosecution Service (CPS) runs its own Victim Right to Review scheme. The CPS is the body, which prosecutes on behalf of the police.

The Victims’ Right to Review makes it easier for victims to seek a review of a CPS decision not to bring charges or stop proceedings. The scheme only applies to qualifying decisions made on or after 5 June 2013.

Who are the Victims?

The scheme’s definition of a victim is:

‘A person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct.’

This definition also includes:

Bereaved relatives or partners in murder cases;
Parents where the main victim is a child or youth under 18;
Police officers, who are victims of crime;
A family spokesperson, where the victim is incapacitated due to disability.

In cases submitted on or after 10 December 2013, a victim, is:

‘A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct’.

This definition includes:

Close relatives of a person whose death was directly caused by criminal conduct;
Parents or guardians where the main victim is a child or youth under 18;
Police officers, who are victims of crime;
Family spokespersons acting for victims with a disability or who are so badly injured they cannot communicate; and
Businesses, providing they give a named point of contact.

Extra Support

The Victims Code thinks victims in the following groups are more likely to need extra support:

Victims of the most serious crime
Persistently targeted victims
Vulnerable or intimidated victims.

We will offer you a meeting at the end of the review to discuss the outcome if you are entitled to extra support,.

Qualifying decisions

You can seek a review of the following CPS decisions:

Not to charge
Discontinue (or withdraw in the Magistrates’ Court)
Offer no evidence
Let all charges “lie on file”

Non-qualifying decisions

The following cases do not fall within the scope of the scheme:

The qualifying decision was made before 5 June 2013;
Police exercise their discretion not to investigate/not to investigate further;
Charges are brought in respect of some (but not all) allegations made against some (but not all) possible suspects;
A single charge/s is terminated but another or related charge continues;
Proceedings against one (or more) defendants are terminated but related proceedings against other defendants continue;
A single charge/charges are greatly altered but proceedings continue;
Some, but not all, charges are left to lie on file;
Cases concluded by way of out of court disposal;
Victims or witnesses ask proceedings to be stopped or they withdraw support for the prosecution and a decision is to terminate proceedings;
Cases concluded in circumstances where the prosecution may have a right of appeal or where a decision is made not to oppose an application to dismiss charges.