The Rights of a Victim of Crime
Anyone who has been a victim of a crime has certain legal rights. These rights will include compensation claims for certain crimes and the right to be informed of certain details regarding the criminal.
Victims and Reporting a Crime
There is no legal rule that can make the victim of a crime report the crime to the police. Not reporting the crime will mean that the perpetrator is free to repeat the crime. It is important to report crimes to ensure that the police do have a chance of catching criminals. A victim does not have to report the crime in person. A representative can be sent to report the crime on behalf of the victim and the police will still investigate. But it may be the case that the police will wish to speak to the victim in order to obtain evidence.The Right to Be Kept Informed by the Police
Victims of crime do have legal rights to be informed regularly on the police’s investigations into the crime. The victim should be updated on the investigation on at least a monthly basis. Victims should also be informed if the criminal is arrested and charged with the crime. Updates should also include whether the criminal has been bailed and sentenced during a court hearing. If the criminal is sent to prison for over 12 months for a violent or sexual crime the victim should be notified of the criminal’s release.Making a Victim Personal Statement
Crime victims do have the right to make a victim personal statement (VPS). This gives victims the opportunity to detail how the crime has affected them whether physically, emotionally, financially and psychologically. Victims can also state their concerns over intimidation fears if the criminal is bailed. A victim personal statement is not a witness statement but a judge may consider this statement when deciding on a sentence. If the police do not ask whether the victim wishes to make a VPS the victim can request to make one.Claiming Compensation as a Victim of a Crime
There are certain criminal acts that can lead to the victim claiming compensation. If a victim has been injured or had property damaged or stolen then a claim for criminal compensation may be warranted. The police will need to be informed of the crime and given details of the injury, theft or damage. If the criminal is apprehended and the case does proceed to the courts then criminal compensation can be claimed through the courts.Claiming Criminal Compensation through Civil Courts
Another alternative when claiming criminal compensation is to use the civil courts. This option can be pursued whether the perpetrator is found guilty or not. There are downsides to this method of claiming criminal compensation. The victim will usually require a legal representative and this can be expensive. The victim can also lose the civil case and if this does happen they may have to pay all court costs. A good lawyer or solicitor will be able to assess the likelihood of winning the civil court case.The Right to Victim Support
Everyone in the UK has the right to Victim Support. This service is free and is designed to help people who have been the victims of crime. The Victim Support organisation is a national charity that offers information and emotional support to crime victims. This help is available whether the victim has reported the crime or not. Victim support is not part of the police or the courts system.How Can Victim Support Help
There are number of ways Victim Support can help those who have been affected by a crime. This support will include:- Advice to crime victims on the rights that apply to them
- Information and help on criminal compensation
- Counselling services for crime victims
- Advice on court procedures and what to expect if attending court
- Extra support for those who have been affected by the death of a friend or family member by murder or manslaughter, including help with funeral arrangements
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Comments...
I was staled by a person one morning, I managed to walk away physically unharmed but psycologically stunned!
Next morning I discovered that the person had murdered (?) someone literally 35 minutes after my run in!
I supplied a very comprehensive statement to the police several days after the event. After 2 years of suffering I formally requested a copy of my witness statement from the CPS and discovered at least 60% of my statement is missing!
Just because my statement would have inadvertantly supported the initial claim of the defendant does not give any police officer the right to omit vital evidence from my statement!
In effect, the shear horror I experienced in that event was considered irrelevant, but as was stated to me in written form "I am sure you will understand that court trials are based around the points the prosecution need to prove and only evidence supporting that aim will get as far as the court room"! The very person who wrote that, shouted at mein a private meetting at a police station (8 months after the court case concluded) and said, and I quote "I and I alone took the deccision not to submit any of your evidence for I was there for the prosecution"!
To conclude, I was a victim and subsequently a witness of and for the defendant!
But I have never lost hope that one day, my true story will come out and prove corruption amongst the police and that us victims (I had to receieve counselling) are not always treated as stated by the CJS!
Lee - 20 February 2012 @ 7:25 AM
