PART 4VICTIMS AND WITNESSES
The Victim Charter and the Witness Charter
28The Victim Charter
1
The Department must issue a Victim Charter.
2
The Charter must set out—
a
the services which are to be provided to victims by specified criminal justice agencies and the standards which are to be expected in relation to those services;
b
the standards which are to be expected in relation to the treatment of victims by such agencies.
3
In particular the Charter must include provision for a victim—
a
to be treated with courtesy, dignity and respect;
b
to be informed about the services available to victims;
c
to be informed about—
i
the progress of relevant proceedings, and the reasons for any delay in those proceedings, at such intervals or at such times as are specified;
ii
the final outcome of relevant proceedings, within such time as is specified;
d
where in the course of relevant proceedings a decision is taken not to prosecute a person in respect of the criminal conduct concerned, to be given the reasons for that decision within such time as is specified;
e
to be informed about any special measures which may be available to the victim under Article 4 or 5 of the Criminal Evidence (Northern Ireland) Order 1999 if called as a witness in criminal proceedings arising out of the criminal conduct concerned;
f
to be informed about the opportunity to make a victim statement under section 33;
g
to have considered by an independent body any complaint against a criminal justice agency in relation to any provision of the Charter which has not been resolved by that agency.
4
The Charter may restrict the application of any of its provisions and, in particular, may restrict the application of any of its provisions to—
a
specified descriptions of victims;
b
victims of specified offences or descriptions of conduct;
c
specified criminal justice agencies;
d
cases where the criminal conduct concerned has been reported to the police.
5
The Charter may provide for exceptions to its provisions, including in particular exceptions for the purpose of—
a
ensuring compliance with any statutory provision or order of a court;
b
avoiding jeopardising any criminal investigation or criminal proceedings;
c
avoiding endangering any individual.
6
The Charter may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more other persons as well as the victim.
7
The Charter may not require anything to be done by—
a
a person acting in a judicial capacity;
b
a person acting in the discharge of a function of a member of the Public Prosecution Service for Northern Ireland which involves the exercise of a discretion.
8
In this section “criminal justice agency” means a body or person which has any functions relating to—
a
victims; or
b
any other aspect of the criminal justice system.
9
A criminal justice agency must, in carrying out any functions mentioned in subsection (8), have regard to the Charter.
10
In this section—
“criminal conduct concerned”, in relation to a victim, is to be construed in accordance with section 29(1);
“relevant proceedings”, in relation to a victim, means the investigation into the criminal conduct concerned, the taking of a decision whether to prosecute any person in respect of that criminal conduct and any criminal proceedings taken against any person in respect of that criminal conduct;
“specified” means specified in the Victim Charter.