Victims' Right to Review Solicitors

Victims' Right to Review Solicitors

If you are the victim of crime, reporting the offence and going through the initial stages can be both daunting and emotionally difficult. In some cases, the Police may decide to take No Further Action (NFA), or the Crown Prosecution Service (CPS) may decide not to prosecute. This decision can mean feeling let down and ignored, with little understanding of where to go next. That’s where our Victims Right to Review Solicitors come in…

In many cases, the decision to not prosecute or end a prosecution can be reconsidered. The process is called the Victims’ Right to Review. This right is very important. It can help victims seek justice.

If you have been the victim of a crime for which the police or prosecution have not charged, then contact our solicitors for advice in your right to review.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

 

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FAQ

The Victim’s Right to Review (VRR) scheme gives victims of crime a way to challenge the decision of either Police or the Crown Prosecution Service (CPS) not to charge and/or prosecute a suspect. It also allows for victims of crime to request a prosecution that has been discontinued to restart.

This provides an opportunity for victims to have their case looked at again if  it doesn’t move forward because no charge is made by the police/prosecutor or a is dropped at court by the prosecution. It does not apply to cases which are stopped by the court.

The Victim’s Right to Review is a way for victims to ensure that they have a fair chance at justice. When the law does not seem to be on their side, this right allows them to challenge that.

There are two schemes. The police scheme and the prosecution scheme. There are exemptions to the scheme, as some decisions cannot be reviewed. The police or prosecution decision letter will explain if the exemption applies and if so why.

The Victims’ Right to Review (VRR) scheme was launched on 5th June 2013. The scheme was introduced to provide a mechanism where victims of crime can request a review if their case is stopped by the Police (through a No Further Action – NFA) or the CPS decide not to prosecute.

It is recommended that a victim should ordinarily request a review within 5 or 10 working days of the decision letter, though a request can be made up to three months after receiving the letter.

It is important to comply with any deadlines.

You will receive a letter from the prosecutor. The letter will read something like this:

“I am writing to update you, and to unfortunately bring what will be disappointing news.

I must inform you that I have taken the decision not to bring any charges and therefore will not be a prosecution in this case. This is because ….”

The prosecutor will explain how he has made his decision and why he has made the decision he has.

It may be the case that the prosecution will say that their decision was made because the legal test was not met. They will tell you that they have carefully considered their decision.

They will explain what charge they considered. They will explain that they will have considered the factual evidence and the law. They will have applied the relevant tests in the Code for Crown Prosecutors.

They will tell you something like this: “now the decision to stop the case has been made, you do not need to do anything.”

They will explain your options:

  • That you can have a meeting with the prosecutor to discuss the decision to stop the case.
  • That you are entitled to have a review of the decision carried out by another CPS lawyer. The prosecution letter will contain a leaflet explain the Victims Right to Review scheme (VRR). If you request a review and the other lawyer disagrees with the decision to stop the case and decides the case should continue, the CPS will restart the prosecution.

You must request a review within ten days of this letter. The prosecution will consider a later request so long as it is made within three months, if there are good reasons for being late.  The time starts from when they learn the case won’t move forward. But one thing you should remember is to act fast. The quicker you ask for a review, the better.

You do not have to given reasons for asking for a review, that comes later. We can help with the reasons for a request and with identifying what the prosecutor has overlooked or considered incorrectly or the correct application of the law.

This process is not hard. The first step is to contact the prosecutor. Let them know you want a review. They will tell you what to do next. Having details about the case can help make the process smoother. These details could be things like case numbers or dates. The prosecution letter will give you the contact details for the person or department that you need to email or write to in order to ask for a review.

In some cases, yes, others can apply to seek a review:

  • A close relative of someone who has died as a result of a crime.
  • The parent or guardian of a victim under the age of 18.
  • Someone who is representing a victim who has a disability or who has ​been badly injured as the result of a crime which means they can’t represent themselves.
  • A business.

A judicial review is when the High Court is asked to review a decision by the police or the CPS. If following a Victims Right to Review the prosecutor upholds the original decision, if the decision is still incorrect, it may be possible to judicially review it.

To conclude, the Victim’s Right to Review is a powerful tool. It gives victims a voice in their case. It provides them with a way to seek a review of a decision to stop a case or not charge a case. If you or someone you know is a victim, remember these rights. Use them to ensure you get the justice you deserve.

But remember, you don’t have to do this alone. There are people who can help. You can reach out to the police officer in the case or a lawyer. They can help you understand these rights better. Even if you feel like all is lost, don’t forget you have rights. It’s never too late to stand up for justice.

At Reeds Solicitors, our Victims Right to Review Solicitors have significant expertise in acting on behalf of Victims who are seeking a Right to Review.