57. Service offences may be investigated either by a Commanding Officer or by the Service Police. Regardless of which of these investigates your complaint you have the following entitlements.
Commencement Information
I1Sch. para. 57 in force at 16.11.2015, see reg. 1
58. You are entitled to receive(1) the following:
(1) a written acknowledgement that you have reported a crime including the basic details of the offence. The written acknowledgement could be in the form of a letter, an electronic notification such as an email or text, or it could be written by hand. You may request not to receive such acknowledgement. Where the Service Police or Commanding Officer consider there may be a risk of harm to you from sending the written acknowledgement (for example in domestic violence cases) they may agree with you not to send one;
(2) a clear explanation of what to expect from the Service Justice System when you report a crime;
(3) a timely assessment of your needs to help work out whether you want support, and, if so, what help or support you may need. This will help to identify whether you are in one of the three categories of victim who may need enhanced support(2), and to determine whether and to what extent you may benefit from Special Investigations Measures and Special Measures;
(4) written information (in accordance with paragraphs 13 and 14 of the Introduction) on what to expect from the Service Justice System such as the victim and witness information leaflets without unnecessary delay from your first contact with the with the Service Police or Commanding officer exercising powers of investigation;
(5) to be notified, without unnecessary delay, of your entitlement to receive the following information:
(a)any decision not to proceed with or to end an investigation or not to prosecute a suspect, including a brief summary or reasons for the decision where available;
(b)the time and place of the trial or Summary Hearing, and the nature of the charges against the accused;
(c)any final judgement in the trial or Summary Hearing, including a brief summary of reasons for the decision where available;
(d)information enabling you to know about the state of the criminal proceedings on your request unless the proper handling of the case may be adversely affected by such notification;
(e)where you are notified of a decision that qualifies for a review under the Service Police, Commanding Officers or Service Prosecuting Authority victims’ right to review schemes, that you are entitled to receive sufficient information to enable you to decide whether to request a review;
(6) to be informed how often you will receive updates on the status of the case following discussion with the investigator;
(7) an explanation, without unreasonable delay, of a decision not to investigate a crime;
(8) to be advised, without unreasonable delay, when an investigation into the case has been concluded with no person being charged or referred, and to have the reasons explained to you.
Commencement Information
I2Sch. para. 58 in force at 16.11.2015, see reg. 1
59. Victim support services are voluntary organisations which offer victims of crime help and support to help them cope and recover after a crime. You are entitled to have your details passed to victim support services after reporting the crime if you wish them to be(3). The Service Police or Commanding Officer will ask if you want this to happen and will seek your explicit consent before sending your details to victim support services.
Commencement Information
I3Sch. para. 59 in force at 16.11.2015, see reg. 1
60. You are entitled to receive information about victim support services including the contact details so that you can access their support at any time.
Commencement Information
I4Sch. para. 60 in force at 16.11.2015, see reg. 1
61. If you are making a witness statement the investigator should explain to you that this may result in you needing to give evidence in court or at Summary Hearing proceedings, if the case goes to trial or hearing.
Commencement Information
I5Sch. para. 61 in force at 16.11.2015, see reg. 1
62. You may request the investigator to inform you of:
(1) a suspect being released from Service custody with no further action;
(2) a suspect being released from Service custody and any Service custody release requirements which are imposed, changed or cancelled.
Commencement Information
I6Sch. para. 62 in force at 16.11.2015, see reg. 1
63. You are entitled to the information requested in paragraph 62 of this Code only where there is a danger or an identified risk of harm to you, in which case the information will be provided without unnecessary delay(4).
Commencement Information
I7Sch. para. 63 in force at 16.11.2015, see reg. 1
64. You may discuss and agree with the investigator timings to receive the information and services in paragraphs 58 to 62 of this Code to suit your needs.
Commencement Information
I8Sch. para. 64 in force at 16.11.2015, see reg. 1
65. If you are being interviewed by the Service Police or as part of a Commanding Officer’s investigation, you are entitled to:
(1) be accompanied by a person of your choice, unless a reasoned decision has been made to the contrary;
(2) have any interviews with you conducted without unjustified delay;
(3) have the number of interviews limited to those that are strictly necessary for the purposes of their investigation;
(4) have medical examinations kept to a minimum and carried out only where strictly necessary for the purposes of the criminal proceedings.
Commencement Information
I9Sch. para. 65 in force at 16.11.2015, see reg. 1
66. In addition to the entitlements in paragraph 65 of this Code, if you are a victim of the most serious crime, persistently targeted or vulnerable or intimidated, you may also be entitled to receive Special Investigation Measures as set out in paragraphs 49 to 52 of this Code.
Commencement Information
I10Sch. para. 66 in force at 16.11.2015, see reg. 1
67. The Service Police will ensure, wherever possible, that you and your family members do not come into direct contact with the suspect while on Service police premises.
Commencement Information
I11Sch. para. 67 in force at 16.11.2015, see reg. 1
68. In addition to the entitlements outlined above, if you are a victim of the most serious crime, persistently targeted or vulnerable or intimidates, you are entitled to the following from the Service Police or Commanding Officer:
(1) to have information on Special Investigation Measures explained to you where appropriate (see paragraphs 49 to 52 of this Code);
(2) to have information on Special Measures explained to you, where appropriate (see paragraphs 53 and 54 of this Code);
(3) on being advised that a case has been concluded without referral or charge, to be asked if you wish to be informed if the investigation is to be reopened. The Service Police or Commanding Officer must consider your views if reopening of the case is formally considered.
Commencement Information
I12Sch. para. 68 in force at 16.11.2015, see reg. 1
69. In addition to the entitlements outlined above, if you are a bereaved close relative of a victim who died as a result of a criminal offence, you are entitled to:
(1) have a Service Police Family Liaison Officer assigned to you by the Service Police where the Senior Investigating Officer considers this to be appropriate;
(2) be offered accessible advice on bereavement and information on available victim support service by the Service Police(5).
Commencement Information
I13Sch. para. 69 in force at 16.11.2015, see reg. 1
70. A Victim Personal Statement (VPS) gives you an opportunity to explain in your own words how a crime has affected you, whether physically, emotionally, financially or in any other way. This is different from a witness statement about what happened at the time, such as what you saw or heard. The VPS gives you a voice in the Service Justice System. However, you may now express your opinion on the sentence or punishment the suspect should receive as this is for the court, or the Commanding Officer in a Summary Hearing to decide.
Commencement Information
I14Sch. para. 70 in force at 16.11.2015, see reg. 1
71. You are entitled to make a VPS at the same time as giving a witness statement about what happened to the Service Police or commanding officer about a crime. When making your VPS, you are entitled to say whether or not you would like to have your VPS read aloud or played (where recorded), if the case is dealt with before a Service court and the suspect is found guilty. In such a case, you are also entitled to say whether you would like to read your VPS aloud yourself or to have it read aloud (usually by the Service Prosecuting Authority advocate).
Commencement Information
I15Sch. para. 71 in force at 16.11.2015, see reg. 1
72. If you do not want to read your VPS aloud yourself or have it read aloud on your behalf, you do not have to choose this option. Your VPS will still be considered as part of the evidence before the Service court prior to sentencing if the accused is found guilty. If at first you choose to have your VPS read aloud but later decide you do not want this, you can change your mind.
Commencement Information
I16Sch. para. 72 in force at 16.11.2015, see reg. 1
73. In Summary Hearing your VPS will be considered as part of the evidence before the Commanding Officer prior to sentencing if the case against the accused is found to be proved.
Commencement Information
I17Sch. para. 73 in force at 16.11.2015, see reg. 1
74. Although you are entitled to make a VPS, you do not have to do so. If you are initially unsure about making a VPS when you are giving a witness statement about what happened, you may choose to make a VPS at a later time – provided this is before the case comes to court or the accused is sentenced, or in the case of a Summary Hearing, before the case summary and written evidence are provided to the accused. You should be aware that if you choose not to make a VPS when initially offered, you only have a limited opportunity to make one later on. This is because the case may be dealt with by the Service courts or the Commanding Officer very quickly.
Commencement Information
I18Sch. para. 74 in force at 16.11.2015, see reg. 1
75. In addition to the entitlements outlined above, if you are a victim of the most serious crime (including bereaved close relatives), persistently targeted, or vulnerable or intimidated, you are entitled to make a VPS to the Service Police prior to sentence whether or not you make a witness statement about what happened(6). You should be aware that if you choose not to make a VPS when initially offered, you only have a limited opportunity to make one later on. This is because the case may be dealt with by the Service courts or the Commanding Officer very quickly.
Commencement Information
I19Sch. para. 75 in force at 16.11.2015, see reg. 1
76. If you are not giving a witness statement about what happened and you are not a victim in one of the three priority categories as outlined in paragraph 74 of this Code, the Service Police or Commanding Officer may make arrangements for you to make a VPS at their discretion.
Commencement Information
I20Sch. para. 76 in force at 16.11.2015, see reg. 1
77. Once the statement is completed and signed, a VPS (like any other formal statement) cannot be changed or withdrawn if you have second thoughts about what you have said. However, you may submit a further VPS to the Service Police or Commanding Officer to add or clarify your original VPS.
Commencement Information
I21Sch. para. 77 in force at 16.11.2015, see reg. 1
78. A VPS will always be shared with the Service Prosecuting Authority if a case is referred to the Service Prosecuting Authority. If the case reaches a Service court, then the VPS will be served on the court and the defence if it is included as evidence in the trial, so that accused will usually be able to see it. In Summary Hearing proceedings, the VPS will form part of the evidence before the Commanding Officer and will be provided to the accused.
Commencement Information
I22Sch. para. 78 in force at 16.11.2015, see reg. 1
79. If the accused is found guilty before a Service court, you are entitled to say whether you would like to have your VPS read aloud or played (where recorded) in a Service court. You are also entitled to say whether you would like to read your VPS aloud yourself or to have it read aloud (usually by the Service Prosecuting Authority advocate). Before deciding whether you wish to have your VPS read aloud or played in court, you will be advised about the possible consequences, including that your VPS could be reported on in the media. You could also be asked questions about your VPS in court by the defence.
Commencement Information
I23Sch. para. 79 in force at 16.11.2015, see reg. 1
80. If you do request that your VPS is read aloud or played in court, it is for the court to decide whether and what sections of the VPS should be read aloud or played, and who will read it, taking into account your interests. In most cases some or all of your VPS will be read out (either by you or the Service Prosecuting Authority advocate) or played, unless the court decides there are good reasons not to do so. You will be told of the court’s decision.
Commencement Information
I24Sch. para. 80 in force at 16.11.2015, see reg. 1
81. The Service court (or Commanding Officer in a Summary Hearing) will pass what it judges to be the appropriate sentence, having regard to all the circumstances of the offence and of the offender. This will include taking into account, so far as the court (or Commanding Officer) considers it appropriate, the impact of the offence on you as set out in your VPS. Your VPS will be considered in exactly the same way whether or not it is read or played in court.
Commencement Information
I25Sch. para. 81 in force at 16.11.2015, see reg. 1
Information will be provided to your last known correspondence address or electronic contact details given by you to the service provider. In exceptional cases, for example due to the high number of victims involved in a case, information may be provided through the press, through an official website of the service provider or through a similar communication channel.
See also paragraph 39 of this Code.
See, however, paragraphs 16 to 18 of this Code.
You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.
See, however, paragraphs 16 to 18 of this Code.
In the case of a Summary Hearing, this may be done prior to the case summary and written evidence being provided to the accused.