AC1.4
Victim Rights
Victims' rights are established under the Domestic Violence, Crime and Victims Act 2004 and this
practically created a code which consists of rights that victims are entitled to. When reporting a
crime, the victim code explains how a written confirmation has to be issued from the police, along
with a reference number and any contacts of the personnel involved. During this stage the victims
also have the option to write a victim personal statement that then can later be read out in court.
Rights during the investigation include being updated in the case with information such as suspect
arrests, trial date or if the CPS/ police prosecutors have decided to drop the case (victims are
allowed to disagree with this decision). Right of privacy is also present at the reporting stage and this
is where the police must get permission from the victim itself before turning to the media for any
help - it is illegal to publish anything that reveals the victim's identity. In terms of the trial, the
victims have a right to support services - whether it’s because they are a vulnerable witness or suffer
with any medical conditions that may prevent their performance in court. The care officer has the
job of keeping the victim updated on any suspect convictions, and they have to inform this verdict
within 24 hours, including the length of the sentence and if the suspect appeals. Victims also have
the right to claim any compensation from the Criminal Injuries Compensation Authority if they meet
the requirements. The victim does not have the automatic right to appeal, if they disagree with the
charges, they (or their legal representative team) have to contact the director of public prosecutions
within 28 days.
Witness rights
The rights of a witness whilst giving a statement include being allowed to read the written statement
of their report to ensure that the statement is of true account, once the detail is confirmed they
have to sign and agree that the statement is accurate. There is also the option of recording the
interview if that makes it easier for the witness to give a statement, but this is usually down to the
police force. During the investigation, witnesses have the right to be frequently informed about the
decisions made in the trial, as well as have a witness care officer that has the responsibility of
debriefing the witness and providing any support needed. The trial hold special right for the
vulnerable and intimidated witnesses which could be found under the witness charter, an example
of an adjustment is the judges removing their wigs and gowns in order to reduce the intimidating
circumstances. Despite being a vulnerable witness, if they have been summoned by the court, they
still have the legal obligation to appear at the trial and most likely give the statement. Witnesses
don’t hold many rights when it comes to appealing, their main right is to be made aware of whether
the suspect has decided to Woodall their sentence or not.
Suspect rights
Suspects have various key rights when it comes to their arrest, this includes making sure that they
are arrested lawfully (unlawful detentions lead to the right to requesting that their information is
removed from the police database), the right to remain silent which the police officers have the
compulsory responsibility of reading out during the arrest. This right could all be found under the
Police and Criminal Evidence Act 1994 (section 24). To add to that, the human rights act also states
that whilst in custody, the suspect could only be held for 24 hours before the decision of being
charged is made, if the prosecutions are lacking evidence, the suspect must be released. They also
cannot be questioned without any legal representatives if they have requested some and also have
the right to medical assistance when needed. During the trial, suspects have the right of
presumption of innocence, where no guilt can be appointed to them until the verdict. On top of that,
they have the right to a fair trial: their defence case and evidence has to be considered just as much
as the prosecution's case against them.When it comes to appealing the sentence, the rights mainly
come down to which type of court the trial takes place. The magistrates court only allows appeal if
Victim Rights
Victims' rights are established under the Domestic Violence, Crime and Victims Act 2004 and this
practically created a code which consists of rights that victims are entitled to. When reporting a
crime, the victim code explains how a written confirmation has to be issued from the police, along
with a reference number and any contacts of the personnel involved. During this stage the victims
also have the option to write a victim personal statement that then can later be read out in court.
Rights during the investigation include being updated in the case with information such as suspect
arrests, trial date or if the CPS/ police prosecutors have decided to drop the case (victims are
allowed to disagree with this decision). Right of privacy is also present at the reporting stage and this
is where the police must get permission from the victim itself before turning to the media for any
help - it is illegal to publish anything that reveals the victim's identity. In terms of the trial, the
victims have a right to support services - whether it’s because they are a vulnerable witness or suffer
with any medical conditions that may prevent their performance in court. The care officer has the
job of keeping the victim updated on any suspect convictions, and they have to inform this verdict
within 24 hours, including the length of the sentence and if the suspect appeals. Victims also have
the right to claim any compensation from the Criminal Injuries Compensation Authority if they meet
the requirements. The victim does not have the automatic right to appeal, if they disagree with the
charges, they (or their legal representative team) have to contact the director of public prosecutions
within 28 days.
Witness rights
The rights of a witness whilst giving a statement include being allowed to read the written statement
of their report to ensure that the statement is of true account, once the detail is confirmed they
have to sign and agree that the statement is accurate. There is also the option of recording the
interview if that makes it easier for the witness to give a statement, but this is usually down to the
police force. During the investigation, witnesses have the right to be frequently informed about the
decisions made in the trial, as well as have a witness care officer that has the responsibility of
debriefing the witness and providing any support needed. The trial hold special right for the
vulnerable and intimidated witnesses which could be found under the witness charter, an example
of an adjustment is the judges removing their wigs and gowns in order to reduce the intimidating
circumstances. Despite being a vulnerable witness, if they have been summoned by the court, they
still have the legal obligation to appear at the trial and most likely give the statement. Witnesses
don’t hold many rights when it comes to appealing, their main right is to be made aware of whether
the suspect has decided to Woodall their sentence or not.
Suspect rights
Suspects have various key rights when it comes to their arrest, this includes making sure that they
are arrested lawfully (unlawful detentions lead to the right to requesting that their information is
removed from the police database), the right to remain silent which the police officers have the
compulsory responsibility of reading out during the arrest. This right could all be found under the
Police and Criminal Evidence Act 1994 (section 24). To add to that, the human rights act also states
that whilst in custody, the suspect could only be held for 24 hours before the decision of being
charged is made, if the prosecutions are lacking evidence, the suspect must be released. They also
cannot be questioned without any legal representatives if they have requested some and also have
the right to medical assistance when needed. During the trial, suspects have the right of
presumption of innocence, where no guilt can be appointed to them until the verdict. On top of that,
they have the right to a fair trial: their defence case and evidence has to be considered just as much
as the prosecution's case against them.When it comes to appealing the sentence, the rights mainly
come down to which type of court the trial takes place. The magistrates court only allows appeal if
