Victim’s Right to Review

The victim’s right to review scheme can be complicated and daunting; in this article leading Criminal Barrister Quentin Hunt examines the VRR scheme and answers questions associated with it.

For people who are a victim of crime the prospect of undertaking the Victim Right to Review scheme unaided can seem like an intimidating prospect indeed. I am often approached by people embarking on the VRR procedure to assist them with guidance as to the process of the scheme and to make representations on their behalf. In this article I will examine the VRR scheme and try to assist by answering some of the question that I am most frequently asked.

What is the Victim’s Right to Review scheme?

The VVR scheme was implemented by the Crown Prosecution Service following a Court of Appeal decision in a case known as Killick. In that case the Court stated that victims of crime should have recourse to a scheme to review decisions not to bring charges or to terminate all proceedings. Therefore the CPS brought in the VRR scheme.

Under the VRR scheme victims of crime can ask for a review of so called ‘qualifying decisions’ these are:

- A decision not to charge a person with a criminal offence;
- A decision to discontinue or withdraw charges thereby ending proceedings;
- A decision to ‘offer no evidence’ in all proceedings (this means to withdraw existing proceedings where a plea has been entered);
- A decision to allow all charges in proceedings to "lie on file" (this means that proceedings are not continued with but can be resurrected with the leave of this Court or the Court of Appeal- this rarely happens).

The scheme is open to all victims of crime and applies to decisions made on or after 5 June 2013.

Who is a ‘victim’ under the Victim's Right to Review scheme?

A victim is defined as:

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

'Criminal conduct' is defined as behaviour which constitutes a criminal offence according to the National Crime Recording Standard.

Victims can also be the representative of others. For example relatives or partners in fatality cases, the parents of a victim who is a child, or a spokesperson for a family where the victim is incapacitated as a result of disability.

What are the time limits for a Victim’s Right to Review?

The request for review should ideally be submitted within five working days from the date the decision was communicated to the victim. The CPS state that they will consider requests for review for up to three months from the communication of the qualifying decision. In exceptional cases, the CPS may agree to review a decision after the three month period has expired but the applicant will need to justify why the review was not requested within 3 months and in those circumstances the CPS have a discretion not to review the decision.

Those embarking on VRR proceedings should be aware that some offences have time limits under which proceedings must be instituted. The conduct of the VRR procedure does not stop these time limits from running or being exceeded. Once they are exceeded then prosecution is an impossibility therefore it is often wise to seek legal advice as to whether there is urgency in the submission of the VRR representations.

What documentation am I entitled to see before requesting my review?

The letter sent by the police or CPS in respect of the original decision is often quite short and the victim is entitled to request a copy of the document outlining the reasons why a decision not to prosecute has been made (MG3A). A request can also be made for copies of the evidence in the case, such requests are often met with reluctance from the Police and often a Subject Access Request and/or other Data Protection Act 1998 request needs to be made in order to get copies of the relevant documentation.

How do I submit a Victim’s Right to Review?

The right to request a review should be clearly set out in the document informing the victim of the decision that has been made. The request for review does not have to be made in any set format and normally takes the form of a letter sent by post or email. The notification of the original decision that the victim receives should have the contact details for the local CPS office that made the decision and this is the first port of call for a review. Although the request for review does not need to give any reasons it is best in practice to outline why the decision should be reviewed in reference to both the facts of the case and the applicable statute and case law.

The request for review should contain as much detail as possible and should contain details of the decision that is to be reviewed, the reference numbers and return contact details. If a lawyer is acting on your behalf, the request should contain a signed document showing that the lawyer has authority to act.

What are the possible outcomes from a Victim’s Right to Review?

The possible outcomes of a VRR review are as follows:

- The original decision of the prosecution authorities may be upheld in which case there is no change to the decision.
- The original decision may be overturned, this can either be by way of the defendant being required to go to court or by way of an out of court disposal such as a caution.
- The original decision may be found to be wrong but nothing can be done due to, for example, a time limit having expired. In such a case then an apology will be given.

There are different stages to the Victim's Right to Review procedure and if the representations are not immediately accepted then the request for review can be escalated. I will examine this in more detail below.

What are the stages of a Victim’s Right to review?

The first stage is what is known as ‘Local Resolution’. A Crown Prosecution Service lawyer who was not involved in the first decision will review the decision and any representations made by the victim. This stage should be completed within 10 days of the request being lodged with the CPS although in cases that are more complex it is not unusual for the CPS to take more time.

If the local resolution is not completed in favour of the victim then the victim has the right to make further representations and seek a further review, this is known as an ‘Independent Review’ and should be conducted by a CPS lawyer from the Appeals and Review Unit or a Chief Crown Prosecutor. This will involve a full review of the case, considering the evidence and what decision they would have made based on all of the information available.

The independent review should be concluded within 6 weeks but in some cases, they will require longer. If they do they should inform you what they are doing and how long it will take.

How can a lawyer help me?

A victim of crime may require some assistance with legal matters in order to get the best outcome from the review that takes place. A good lawyer will have experience of how prosecutors think, how they consider a case and what they deem important. A lawyer acting on your behalf may be able to:

- Assist in concentrating on certain parts of the facts of the evidence, which may have been overlooked or not emphasised;
- Outline and analyse the tests to be applied in the making of the decision whether to prosecute or not and make appropriate representations based on those tests;
- Demonstrate where there is case law or statue that supports prosecution that may have been overlooked;
- Present additional evidence in support of prosecution;
- Outline further avenues of investigation that should have been followed by the Police;
- Demonstrate procedural or technical flaws in the original decision;
- Assist in presenting the request for review in the most favourable way so as to maximise the chances of success

Quentin Hunt is a specialist criminal barrister with over two decades experience of prosecuting and defending serious criminal cases. Quentin specialises in making of Victim’s Right to Review Representations on behalf of clients to work towards getting the best outcome possible in their cases. If you require expert legal assistance in respect of Victim’s Right to Review representations then you may contact Quentin for a free, no obligation conversation about your case.