Victims’ Right to Review Scheme 

If you have recently had a case against you closed and you were informed of the Victims’ Right to Review (VRR) scheme, you are probably unsure what this means and how it could affect you in the future.

Many individuals find themselves in this position and having had the case against them dropped, feel that they are unable to move forward with their lives in fear of proceedings being instituted or reinstated. This article explains the VRR scheme to help you understand how the scheme operates, when it applies and its limitations:

What is the Victims’ Right to Review scheme?

The VRR scheme was launched in 2013 in England and Wales and provides victims of crime, who are not happy with a prosecution decision not to prosecute, the opportunity to request that the police or CPS decision be reviewed.

This is offered to a victim following:

1. A pre-charge decision to take no further action; or
2. Where proceedings before the court are terminated.

The scope for who can request a review includes the victim of a crime; a close relative of a person whose death was directly caused by criminal conduct; parents or guardians where the main victim is a child under 18 years and family spokespersons of victims with a disability or so badly injured that they cannot communicate.

Is there a guarantee that the decision will be instituted or reinstated if the victim asks for a review?

The right to request a review of a final decision does not guarantee that proceedings will be instituted or reinstated. The fact that a victim is unhappy with a decision will not result in this occurring.

A decision being instituted or reinstated is only likely to occur in certain situations as follows:

• Where the original decision was wrong
• Where the case had been stopped pending further anticipated evidence likely to become available in the near future
• Where there is a lack of evidence but new significant evidence is discovered
• Cases involving a death and findings of an inquest conclude that a prosecution should be brought
• Cases where the offence has become barred due to the statute of limitations contrary to the Magistrates’ Court Act 1980 (this applies to summary-only matters and means that the time allowed by law to charge that particular offence has expired).

Does the VRR scheme apply to every case?

The VRR scheme does not apply in every case. It applies to suspects who have been identified, interviewed under caution and in situations that are described as ‘qualifying decisions’ which means cases that included a decision that had the effect of being final.

Let’s look at the stages when this could occur in more detail:

Pre-charge

The VRR scheme applies at the pre-charge investigation stage, where, following a police investigation, a decision to take no further action (NFA) has been made by the police or CPS.

This will occur where the police believe the evidential threshold is not met or where the CPS decides that there is insufficient evidence on evidential or public interest grounds to prosecute.

Post-charge

The VRR scheme applies post-charge where a suspect has been charged and faces court proceedings where the CPS: discontinue or withdraw all charges; offers no evidence in all proceedings or ask the court to leave all charges in the proceedings “to lie on the file”.

Are there any situations where VRR doesn’t apply?

There are a number of situations where decisions not to prosecute are not eligible for the VRR. Below is a list of some examples where the police and CPS will not consider VRR:

Police

• Where a suspect has not been identified or interviewed
• Where a positive decision was made in relation to someone else in connection with the same incident
• Where the victim withdraws their complaint, or refuses to cooperate with the investigation so police decide not to charge or refer the case to the CPS

CPS

• Where the qualifying decision was made prior to 5 June 2013 except for decisions relating to allegations of child sexual abuse which are considered separately under the Child Sexual Abuse Review Panel
• Where the CPS had not made a decision that has the effect of being final at pre-charge stage (for example where the police made the decision not to charge)
• Where some of the allegations were charged against some of the suspects (but not other defendants)
• Where some charges were discontinued but other charges relating to the same victim continue
• Where proceedings against a defendant are discontinued but continue against other defendants relating to the same victim
• Where the charges are substantially altered but proceedings involving the victim continue
• Where some but not all charges are left to lie on the file
• Cases which were concluded by way of out of court disposal
• Where the victim requests proceedings be stopped or withdraws support for the prosecution and a decision is therefore taken not to charge/to terminate proceedings
• If the victim does not attend court to give evidence without providing reasonable notice (unless there are exceptional circumstances)
• Cases brought to an end where the prosecution may have a right of appeal (such as a Judicial Review or to state a case)
• Where the Director of Public Prosecutions decision is required by law

Who completes the VRR review?

The police have the power to no further action (NFA) certain cases without seeking CPS authority and where the offence under consideration falls within their power to charge. A review in these scenarios would be completed by a new police officer who could either agree or disagree with the original decision.

Where the decision not to proceed was made by the CPS, a review would normally be considered by the local CPS office by a different prosecutor. A prosecutor must follow strict guidelines issued by the Attorney General along with the policies and guidance of the CPS issued on behalf of the Director of Public Prosecutions, unless there are good reasons or exceptional circumstances to depart from them.

The CPS review will involve two stages:

1. Firstly, a new prosecutor (at the same local CPS office) will review the original decision.
2. Secondly, if the new prosecutor agrees with the original decision not to prosecute, an independent review will be carried out at a different CPS Appeals Review Unit.

What are the possible outcomes following VRR?

If the new police officer disagrees with the original decision, the suspect could be charged and/or the case sent to the CPS for a charging decision.

Following a CPS review, there are two possible outcomes: a new decision to charge is made overturning the earlier decision or the original decision not to prosecute is upheld.

What action could a victim take if they disagreed with the outcome of the VRR review?

The victim could submit a complaint to the CPS. There is a six-month time limit for bringing a complaint as per the CPS Feedback and Complaints policy.

A victim who is unhappy with the decision could apply to the High Court for a Judicial Review of the decision.

Will I be notified if a victim requests a review under the VRR scheme?

A suspect is not routinely informed that a request has been made for a review. You would normally only be contacted by the police, after the review has been completed by the CPS and if the charges are instituted or reinstated.

Your solicitor could make enquiries with the investigating officer on your behalf.

Are there any timeframes for a VRR review request?

A request for a review should be made within 10 working days of the date of the decision letter to the victim. A request made after 10 days may be submitted although the delay could impact negatively on the outcome of the decision-making process.

Once a request has been received, the CPS will complete the review within an overall timeframe of 30 days where possible. If you find yourself in the situation where the victim has requested a review, we advise you to prepare for the possibility that a review is likely to take longer than 30 days to be completed.

There is a three-month time limit to make request. Requests made after this length of time are unlikely to be accepted unless there are exceptional circumstances.

Do I have any right to object to the VRR scheme being offered to the victim?

It may seem unfair, but there is nothing you can do to prevent this from happening.

Is there any action I should take if the victim asks for a review?

It is essential that you retain all evidence that supports your case as it will be essential if the case is reinstated. You must also refrain from contacting the victim directly or indirectly. Any bail conditions would no longer apply, but you could find yourself under arrest for new criminal offences if a new complaint is made by the victim.

How can Olliers help?

We have a team of expert lawyers who specialise in pre-charge engagement who will work hard to ensure the right decision is made by the police and CPS in your case whilst continuing to engage with the investigating officer after the case has been closed should the complainant request a review under the VRR scheme.

If you would like to discuss how Olliers can proactively assist you in relation to your case at the pre-charge stage, contact our new enquiry team by telephone on 0161 834 1515 (Manchester) or 020 3883 6790 (London) by email to info@olliers.com or complete the form below and we will contact you.

Research links:

Victims’ Right to Review Scheme | Police.uk (www.police.uk)

Judicial review – Courts and Tribunals Judiciary

Victims’ Right to Review Scheme | The Crown Prosecution Service (cps.gov.uk)