Ministry of Justice Code for victims of criminality comes into force

The Victims’ Code paves the way for a new Victims’ Law on which ministers will consult this summer. It seeks to underpin victims’ rights in legislation and ensure that justice agencies are held to account for delivering them.

The Lord Chancellor Robert Buckland QC MP explained: “Having worked for over 25 years as a criminal barrister, I know how daunting the justice system can be for victims which is exactly why the information and support they receive is so vital. Our new Victims’ Code provides victims with a simplified and stronger set of rights, making clear their entitlements at every step of the way as they recover from crime. We are not stopping here and will consult on strengthening these rights even further through a Victims’ Law as we continue to build back confidence in the justice system.”

The Victims’ Code brings together 12 overarching rights that are straightforward, concise and easy to understand, duly outlining the minimum level of information and service victims can expect at every stage of the criminal justice process.

For the first time, eligible victims will be automatically referred to the Victim Contact Scheme and offered the support of a Victim Liaison Officer who provides vital updates on offenders as they serve their sentence, including their potential release from prison. The latter can also help victims apply for licence conditions to reduce the chances of them encountering an offender in the community and assist with requesting reviews of Parole Board decisions.

The ability for vulnerable victims to have their cross-examination pre-recorded away from the courtroom will reduce the stress of them having to give evidence in court, which many such victims find particularly intimidating.

There’s now greater flexibility over when and how a Victim Personal Statement, which tells the court how the crime has affected the victim, can be made, subsequently recognising that, for many, the impact of the crime may not be immediately apparent. Victims will also be able to request a copy of their Victim Personal Statement for them to refer to in the future.

Victims also have the right to be informed as to the reasons why a suspect will not be prosecuted. If unhappy about such an outcome, victims will also be able to ask the police or the Crown Prosecution Service to review this decision.

Step in the right direction

Dame Vera Baird QC, the Victims’ Commissioner for England and Wales, asserted: “We all want a system which delivers justice and the launch of the new Victims’ Code is to be welcomed as an important step in the right direction. Under the Victims’ Code, everyone has a right to support following a crime. The Victims’ Code sets out the services and information victims of crime are entitled to receive from criminal justice agencies from the moment they report a crime to the end of the trial. This new and simplified Victims’ Code represents a positive step forward for victims. These 12 rights are well set out and should provide some much-needed clarity for victims and victims’ services.” 

The Victims’ Commissioner added: “I also welcome the Government’s commitment to consult on victims’ legislation. A Victims’ Law would ensure that victims’ rights, such as to information, making a personal statement and accessing independent support services are legally enforceable. With a Victims’ Law in place, we would then have the opportunity to truly transform the victims’ experience of the justice system. I look forward to engaging with the Government in the coming months to make that scenario a reality.”

The new Victims’ Code is part of recent action across Government to build back confidence in the justice system. That action includes the recruitment of 20,000 extra police officers in tandem with new legislation orchestrated to cut crime and boost public protection.  

Meanwhile, hundreds of millions of pounds are being spent to deliver speedier justice for victims and reduce delays in the courts caused by the pandemic.