The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015

Made: 21st October 2015

Laid before Parliament: 23rd October 2015

Coming into force: 16th November 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by that section:

Citation and commencement

1

These Regulations may be cited as the Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015 and shall come into force on 16th November 2015.

Armed Forces Code of Practice for Victims of Crime

2

The code of practice entitled “The Armed Forces Code of Practice for Victims of Crime” set out in the Schedule shall come into operation on 16th November 2015.

Effect of non-compliance

3

• (1) If a person fails to perform a duty imposed on him by the code of practice set out in the Schedule, the failure does not of itself make him liable to criminal or civil proceedings.

• (2) But the code of practice is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code of practice in determining a question in the proceedings.

SCHEDULE — Armed Forces Code of Practice for Victims of Crime

PART 1 — Introduction

CHAPTER 1 — General

General

1

Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it.

2

This Code[^f00003] sets out the services to be provided by Service justice organisations and persons to victims of crime committed by persons subject to Service law or civilians subject to Service discipline.

3

This Code sets a standard for these services. Service providers can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the set standard.

4

For the purposes of this Code, a “victim” is:

• (1) a natural person[^f00004] who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence[^f00005];

• (2) a close relative (see definitions in Part 6 of this Code) of a person whose death was directly caused by a criminal offence and who has suffered harm as a result of that person’s death.

5

Enhanced entitlements are provided to victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims. These three categories are explained in Part 2 of this Code.

6

In addition to this Introduction which is important to read, table 1 below shows which Parts of the Code may be relevant to you. Each Part allows you to follow your journey through the Service justice process and find out what you are entitled to at each stage.

Person	Parts of the Code
An adult victim of crime entitled to services under the Code	Parts 2 and 3
A victim under 18 years of age entitled to services under the Code	Parts 2 and 4
An organisation providing services to victims under the Code	Parts 2, 3, 4 and 5

CHAPTER 2 — Which organisations have to provide services under this Code?

Service Providers

7

This Code requires the following persons and organisations to provide services to victims:

• (1) Service Police;

• (2) Commanding Officers exercising powers of investigation or charge;

• (3) Victim Liaison Officers;

• (4) The Military Court Service;

• (5) The Service Prosecuting Authority;

• (6) The Commandant, Military Corrective Training Centre;

• (7) The UK Supreme Court;

• (8) The Criminal Cases Review Commission;

• (9) Her Majesty’s Courts and Tribunals Service.

8

The persons and organisations that provide services under this Code are collectively referred to in this Code as “service providers”. Other organisations, including voluntary sector organisations may provide services for victims but they are not covered by this Code.

9

This Code does not require anything to be done by either a person acting in a judicial capacity, or a person acting in the discharge of a function of a member of the Service Prosecuting Authority which involves the exercise of a discretion.

10

Where required to share information under this Code, Service providers must do so effectively and in accordance with their obligations under the Data Protection Act 1998.

CHAPTER 3 — What kind of support can I expect as a victim of crime?

Support

11

Victims of criminal conduct, including bereaved close relatives, should have access to information on the range of victim support services (see definitions section) available. These victim support services may be provided by locally or nationally commissioned organisations. You will be directed to victim support services where required under this Code, but this does not prevent you from accessing those services directly if you wish[^f00006]. Service providers must communicate with you in simple and accessible language, taking appropriate measures where possible to assist you to understand and be understood. In considering appropriate measures, service providers must take account of any relevant personal characteristic of the victim which may affect their ability to understand and be understood.

12

If, due to the impact of the crime, you need assistance to understand or to be understood in your first contact (see Definitions) with the Service Police or a Commanding Officer exercising powers of investigation you are entitled to be accompanied by a person of your choice unless that service provider considers it would be contrary to your interests or prejudicial to the investigation or prosecution.

Written Information

13

You are entitled to receive written information on what to expect from the Service justice system such as the victim and witness information leaflets, or the details of a website which contains that information. Subject to paragraph 14, the following information must be offered to you without unnecessary delay from your first contact with the Service Police or Commanding Officer exercising powers of criminal investigation:

• (1) where and how to get advice or support, including access to medical support, any specialist support (such as psychological support) and alternative accommodation[^f00007];

• (2) what you need to do to report a criminal offence, and who you should contact in case you have any questions about the case;

• (3) any measures available for your protection, if required;

• (4) how to seek compensation;

• (5) what to do if you are not present in the UK;

• (6) the availability of interpretation and translation services;

• (7) how to make a complaint about a service provider or other competent authority;

• (8) how to recoup expenses incurred as a witness in a Service court hearing or Summary Hearing.

14

The extent or detail of the information in paragraph 13 may vary depending on the type of crime, your personal circumstances, or its relevance to the particular stage of the investigation or of the proceedings.

CHAPTER 4 — Who is entitled to receive services under this Code?

Victims of crime where an allegation has been made

15

Subject to paragraph 16 below, you are entitled to receive services under this Code if you have made an allegation to the Service Police or to the alleged perpetrator’s Commanding Officer that you have suffered harm (including physical, mental or emotional harm or economic loss) which was directly caused by a criminal offence committed by a person subject to service law or a civilian subject to service discipline, or have had such an allegation made on your behalf, or if you are contacted as a victim in the course of investigations[^f00008].

16

You are only entitled to receive the services set out in this Code:

• (1) if the crime took place in the European Union; or

• (2) for crimes that took place outside the European Union, only in relation to criminal proceedings that take place in the European Union.[^f00009]

17

Subject to paragraph 18 below, you are entitled to access victim support services at any time, whether you have reported a crime or not, and after the conclusion of the investigation and prosecution.

18

Where a victim is not present in the United Kingdom or has left the territory of the United Kingdom, it is the victim’s country of residence that should provide victim support services to that victim.

Bereaved close relatives of a victim of crime

19

Close relatives of the deceased are entitled to receive services under the Code as victims of the most serious crime.

The family spokesperson for families bereaved by crime

20

If a family is bereaved as a direct result of a criminal offence, the deceased’s close relatives are entitled to nominate a family spokesperson to act as the single point of contact to receive services under this Code. If the close relatives cannot choose a family spokesperson, the Service Police Senior Investigating Officer working on the case must choose the family spokesperson.

The family spokesperson for victims of crime who have a disability or for victims who have been so badly injured as a result of a criminal offence that they are unable to communicate

21

If you have a disability or have been so badly injured as a result of a criminal offence that you are unable to communicate, you or your close relatives are entitled to nominate a family spokesperson to act as the single point of contact to receive services under this Code.

The parent or guardian of a victim who is under 18 years of age

22

If you are a victim who is under the age of 18 you, and usually your parent or guardian, are entitled to receive services under this Code[^f00010].

CHAPTER 5 — Additional information for all those entitled to receive services under this Code

General

23

You are entitled to access services under the Code regardless of whether anyone has been charged or convicted of a criminal offence and regardless of whether you decide that you do not wish to cooperate with the investigation.

24

If, following an investigation, it is decided that you are not a victim of a criminal offence you or, where relevant, the family spokesperson will be informed by the relevant service provider that you are no longer entitled to services under this Code.

Information provided under this Code

25

Where a service provider is required to communicate information to which a victim is entitled under this Code, this may be provided by posting or personally delivering a letter to your last known correspondence address given by you to the service provider, or sending an electronic message to the electronic contact details given by you to the service provider. Additionally, if written communication is not required, communication may be made by telephone call, audio-visual communication or a face to face meeting. The choice of communication method is to be determined by the service provider.

26

Where there is a high number of victims involved in a case, or where otherwise appropriate in exceptional cases, the service provider may communicate information to which a victim is entitled under this Code through alternative channels such as the service provider’s website.

27

Nothing in this Code requires a service provider to provide information where disclosure of that information:

• (1) could result in harm to a person;

• (2) could affect the proper handling of any criminal investigation or prosecution, or could otherwise prejudice any civil or criminal case; or

• (3) would, in the service provider’s view, be contrary to the interests of national security.

Interpretation and translation

28

If you do not understand or speak English, you are entitled to request interpretation into a language you understand:

• (1) when reporting a criminal offence[^f00011];

• (2) when being interviewed by the Service Police or Commanding Officer exercising powers of investigation; and

• (3) when giving evidence as a witness.

29

If you do not understand or speak English, you are entitled on request to translation of the following information:

• (1) the written acknowledgement of the reported crime;

• (2) where it is essential for the purposes of the interview, summary hearing, or court hearing to see a particular document that is disclosed to you, the relevant parts of the document;

• (3) the document informing you of the date, time and place of trial; and

• (4) the outcome of criminal proceedings where so entitled under this Code and at least brief reasons for the decision where available.

30

An oral translation or summary of the information in paragraph 28 may be provided, unless doing so would prejudice the fairness of the proceedings. The relevant service provider must ensure such interpretation or translation is available free of charge.

31

If you are unhappy with a decision not to provide interpretation or translation services, you are entitled to make a complaint to the relevant service provider. The relevant service provider must consider your request in accordance with the complaints procedure in Part 3, Chapter 8 (for adults) and Part 4, Chapter 8 (for children and young people).

What if my case is transferred to a civilian jurisdiction?

32

Where the allegation made leads to a criminal investigation which is later transferred to a civilian jurisdiction, any person entitled to services as a result of the allegation having been made will cease to be entitled to further services under this Code from the date that jurisdiction is transferred provided that they are notified of the transfer of jurisdiction. Responsibility for support will then transfer to the civilian sector. Where there is a joint civilian/military investigation, the Code applicable to the lead agency will apply.

What if I do not want to receive the services that I am entitled to under the Code?

33

You may decide that you do not want some or all of the information or services you are entitled to under this Code or that you want to opt out of receiving these at a later date. If this is the case, you can discuss with the service provider how these entitlements are best tailored to your needs.

34

You may choose to opt back into receiving services under the Code at any time the case is under active investigation or prosecution.

What happens if I don’t receive the services that I am entitled to under this Code?

35

Part 3, Chapter 8 (for adults) and Part 4, Chapter 8 (for children and young people) of this Code sets out your entitlements if you wish to make a complaint about the services you have received.

PART 2 — Enhanced Entitlements

CHAPTER 1 — Victims entitled to receive enhanced entitlements

General

36

This Code sets out enhanced entitlements for victims entitled to receive services under this Code[^f00012] in the following categories because they are more likely to require enhanced support and services through the Service Justice System:

• (1) Victims of the most serious crime;

• (2) Persistently targeted victims; and

• (3) Vulnerable or intimidated victims.

How do I know if I am in one of the three groups who are entitled to receive enhanced entitlements?

37

The three categories are designed to ensure that victims who are most in need will be able to access enhanced support. You may be entitled to enhanced services under more than one category at the same time. For example, if you are under 18 years of age you will be automatically eligible for enhanced services as a vulnerable victim regardless of whether you are also a victim or the most serious crime or are a persistently targeted victim. A victim of domestic violence is eligible for enhanced services as a victim of the most serious crime, but may also qualify for enhanced services as a vulnerable or intimidated victim.

38

The final decision on whether you fall into one or more of the three categories is the responsibility of the relevant service provider.

39

Victims of a criminal offence entitled to receive services under the Code are entitled to an assessment by the initial service provider (Service police or the Commanding Officer exercising powers of investigation) to identify any needs or support required, including whether and to what extent they may benefit from Special Investigation Measures and Special Measures. This is known as a Needs Assessment. The length and content of this assessment depends on the severity of the crime and your individual needs. The assessment will take into account your personal characteristics, the nature and circumstances of the crime, and your views. The more information you are able to provide during the assessment, the more tailored the level of support will be to your individual needs.

40

As your needs may change while the criminal offence is being investigated due to your health, intimidation or any other reason, service providers must give you the opportunity to be re-assessed if your change of circumstances is brought to their attention.

41

Once a service provider has identified that you are eligible for enhanced entitlements under this Code, that service provider must ensure that this information is passed on as necessary to other service providers with responsibilities under this Code and to victim support services where appropriate[^f00013]. Service providers should check with you first that you are content for them to pass on your information to victim support services.

42

If you do not fall into the three categories outlined below, although they are not obliged to do so a relevant service provider may exercise his/her discretion and provide enhanced entitlements, according to the provisions of this Code, to any victim entitled to receive services under this Code depending upon the individual’s circumstances and the impact that the crime has had on them.

43

If a victim meets the requirements of paragraph 37 of this Code, but does not wish to receive enhanced entitlements, the advice contained in paragraphs 33 to 34 of this Code should be followed.

Victims of the most serious crime

44

You are eligible for enhanced entitlements under this Code as a victim of the most serious crime if you are a close relative bereaved by a criminal offence, a victim of domestic violence, hate crime terrorism, sexual offences, human trafficking, attempted murder, kidnap, false imprisonment, arson with intent to endanger life and wounding or causing grievous bodily harm with intent. Additional enhanced entitlements that are available for bereaved close relatives are identified separately at various states of this Code.

Persistently targeted victims

45

You are eligible for enhanced entitlements under this Code as a persistently targeted victim if you have been targeted repeatedly as a direct victim of crime over a period of time, particularly if you have been deliberately targeted or you are a victim of a sustained campaign of harassment or stalking.

Vulnerable or intimidated victims

46

You are eligible for enhanced entitlements under this Code as a vulnerable victim[^f00014] if:

• (1) You are under 18 years of age at the time of the offence, or

• (2) The quality of your evidence is likely to be affected because;

• (a) You suffer from mental disorder within the meaning of the Mental Health Act 1983;

• (b) You otherwise have a significant impairment of intelligence and social functioning; or

• (c) You have a physical disability or are suffering from a physical disorder.

47

You are eligible for enhanced entitlements under this Code as an intimidated victim if the service provider considers that the quality of your evidence will be affected because of your fear or distress about testifying in court.[^f00015]

48

When assessing whether a victim is intimidated, the service provider must take account of;

• (1) Any behaviour towards the victim on the part of the accused, members of the family or associates of the accused, and any other person who is likely to be an accused or witness in a potential court case’

• (2) The nature and alleged circumstance of the offence to which a potential court case relates. Victims of a sexual offence or human trafficking will automatically be considered to be intimidated; and

• (3) The victim’s age and, if relevant, the victim’s social and cultural background, religious beliefs or political opinions, ethnic origin, domestic and employment circumstances.

CHAPTER 2 — Special Investigation Measures

Special Investigation Measures

49

When your needs are assessed by a relevant service provider and you are identified as being eligible for enhanced entitlements, the relevant service provider will discuss the Special Investigation Measures available with you and determine whether you would benefit from such measures and therefore if any should be applied in your case, and, if so, what they should be. You are entitled to ask the relevant service provider, which could be the Service Police or the Commanding Officer, for Special Investigation Measures to be used. The service provider will take your views into account when deciding whether any Special Investigation Measures should be provided. The following Special Investigation Measures may be available:

• (1) To have the same person, where possible, conduct all the interviews (unless to do so would prejudice the proper handling of the investigation):

• (2) To be offered the opportunity to have a person of the same sex conduct the interview where you are a victim of sexual violence, gender-based violence, or domestic violence (any request will be met where possible unless to do so would prejudice the proper handling of the investigation);

• (3) To have interviews carried out by or through professionals trained for that purpose;

• (4) To have interviews carried out in premises designed or adapted for that purpose.

50

If you are under 18 years of age, the additional Special investigation Measure of audio-visual recording of interviews may be available.

51

If you are considered to be a vulnerable victim (in accordance with paragraph 46 of this Code, then in addition to the above Special investigation Measures, the use of communication aids are available.

52

A Special Investigation Measure shall not be made available if operational or practical constraints make this impossible or where there is an urgent need to interview a victim and failure to do so could harm the victim or another person or could prejudice the course of the proceedings.

CHAPTER 3 — Special Measures

Special Measures

53

If you give evidence at a Service court you will do so as a witness. Special Measures is the term used to describe the measures a Service court can order to assist vulnerable or intimidated witnesses to give their best evidence in court. Special Measures are mentioned in Parts 3 and 4 of this Code. When your needs are assessed by a relevant service provider and you are identified as being eligible for Special Measures, the relevant service provider will discuss the measures available with you and record what you think will best help you to give evidence. You are entitled to ask the relevant service provider, which could be the Commanding Officer, Service Police or the Service Prosecuting Authority for Special Measures to be used during the trial to help to give your best evidence. The Service Prosecuting Authority will take your views into account when deciding whether to make an application. In cases where the Service Prosecuting Authority does make an application for Special Measures, you are entitled to be informed of the outcome of this application. It is the court that decides whether Special Measures should be ordered. Once the court orders Special Measures, you are entitled to receive them. If you are a vulnerable or intimidated victim (in accordance with paragraph 37 of this Code) the following Special Measures may be available:

• (1) Screens/curtains in the courtroom so the witness does not have to see the defendant, and, in some cases, the public gallery;

• (2) A live video link allowing a witness to give evidence away from the courtroom. This could be from a separate room within the court building, or from a dedicated live-link site outside the court building;

• (3) Giving evidence in private – the public gallery can be cleared in certain cases including those involving a sexual offence, human trafficking, or where the court is satisfied that someone other than the accused may seek to intimidate the witness;

• (4) Removal of wigs and gowns by judges, defence and prosecution advocates;

• (5) Video-recorded statements – these allow a witness to use a pre-recorded video statement as their main prosecution evidence.

54

If you are considered to be a vulnerable victim (in accordance with paragraph 46 of this Code) then in addition to the above Special Measures, the use of communication aids, such as assistance from Registered Intermediaries (see paragraph 55 of this Code), are available.

Registered Intermediaries

55

Registered Intermediaries are specialists who help vulnerable witnesses with an assessed communication difficulty to give their best evidence in court. The intermediary is approved by the court and can help to explain the questions and answers so far as necessary to help the witness but without changing the substance of the evidence.

PART 3 — Victims’ Entitlements – Entitlements for Adults

CHAPTER 1 — Introduction

Introduction

56

This Chapter tells you about victims’ entitlements if you are over 18 and are a victim entitled to receive services under this Code[^f00016].

CHAPTER 2 — Service Police and Commanding Officers’ Investigations

General

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.

Information, referral to victim support services and needs assessments

58

You are entitled to receive[^f00017] 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[^f00018], 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.

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[^f00019]. 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.

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.

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.

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.

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[^f00020].

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.

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.

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.

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.

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.

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[^f00021].

Victim personal statement

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.

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).

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.

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.

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.

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[^f00022]. 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.

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.

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.

Victim personal statement and the Service courts and Summary Hearings

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.

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.

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.

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.

CHAPTER 3 — Pre-Trial – Charge and Service Custody

Charge and Service Custody

82

You are entitled to be informed of a decision:

• (1) to refer the case to the Commanding Officer or the Director of Service Prosecutions;

• (2) not to refer the case to the Commanding Officer or the Director of Service Prosecutions;

• (3) to charge the suspect;

• (4) not to charge the suspect.

83

Following:

• (1) a Service Police decision not to refer a case in which a suspect has been identified and interviewed after caution, to the Commanding Officer or the Director of Service Prosecutions,

• (2) a Commanding Officer’s or Service Prosecuting Authority decision[^f00023] not to bring or direct a charge, or

• (3) a Commanding Officer’s decision not to refer the case to the Director of Service Prosecutions, where the Commanding Officer does not have power to charge without first referring the case to the Director of Service Prosecutions,

you are entitled to be notified of the reasons why this decision was made, how you can access further information about the decision and how you can seek a review of the decision and how you can seek a review of the decision if you are dissatisfied with it, in accordance with their victims’ right to review scheme.

84

Where a suspect is arrested, taken into custody or charged by a person of that suspect’s unit in respect of a criminal offence, a Victim Liaison Officer is to be allocated to your case no later than 3 working days after the day of the event, and within 1 working day where you are a victim of the most serious crime, persistently targeted or vulnerable or intimidated. Upon allocation, the CO must inform the Victim Liaison Officer of the event.

85

You are entitled to be informed by the Victim Liaison Officer or the Service Prosecuting Authority of the date, time and location of any court hearings in your case.

86

You are entitled to receive the information at paragraphs 82, 83 and 85 of this Code without unreasonable delay.

87

You may request the Victim Liaison Officer or the Service Prosecuting Authority 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.

88

You are entitled to the information requested in paragraph 87 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[^f00024].

89

If you are dissatisfied with any of the decisions set out at paragraph 83 of this Code, you are entitled to seek a review of that decision in accordance with the Service Police, Commanding Officers, or Service Prosecuting Authority victims’ right to review schemes as appropriate. The schemes give victims of criminal offences a right to request a review of those decisions.

90

Where you are notified of a decision that qualifies for a review in accordance with paragraph 89 of this Code, you are entitled to receive sufficient information in the notification to enable you to decide whether or not you wish a review to take place.

Post-Charge

91

You are entitled to be informed by the Service Prosecuting Authority of a decision made by the Service Prosecuting Authority to:

• (1) substitute for the charge another charge against the accused;

• (2) substantially alter a charge;

• (3) bring an additional charge against the accused;

• (4) discontinue proceedings on the charge;

• (5) offer no evidence in all proceedings;

• (6) refer the charge to the accused’s Commanding Officer;

• (7) make a direction barring further proceedings.

92

You are entitled to be informed by the Victim Liaison Officer of any decision made by the Commanding Officer to:

• (1) substitute for the charge another charge against the accused;

• (2) substantially alter a charge;

• (3) bring an additional charge against the accused;

• (4) discontinue proceedings on the on the charge;

• (5) refer the charge to the Director of Service Prosecutions.

93

In addition, where the Service Prosecuting Authority, or the Commanding Officer, discontinues, or the Service Prosecuting Authority offers no evidence in all proceedings or makes a direction barring further proceedings, you are also entitled to be informed by the Service Prosecuting Authority or Victim Liaison Officer as appropriate of how you can access further information about the decision and to seek a review of the decision if you are dissatisfied with it, in accordance with the Service Prosecuting Authority or the Commanding Officer’s victims’ right to review schemes as set out in paragraphs 89 and 90 of this Code. Where you are notified of a decision that qualifies for a review you are entitled to receive sufficient information in the notification to enable you to decide whether or not you wish a review to take place.

94

You are entitled to receive the information in paragraphs 91, 92 and 93 of this Code without unreasonable delay.

Pre-Trial

95

In this section, where your Victim Liaison Officer is required to provide you with some of the services listed below the Service police may provide some or all or those services instead. You will be told by the Service police if this is the case.

96

You are entitled to:

• (1) request the investigator to inform you of:

• (a) a suspect being released from Service Custody with no further action;

• (b) a suspect being released from Service Custody and any Service custody release requirements which are imposed, changed or cancelled;

• (2) receive the information requested in paragraph 96(1) 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[^f00025];

• (3) be informed, without unreasonable delay, of the date, location and outcome of any court or Summary hearings in the case by your Victim Liaison Officer;

• (4) in cases where the accused pleads not guilty in a Service court, or where you may be required to give evidence in a Summary hearing, discuss any needs you may have with the Victim Liaison Officer and be referred to relevant victim support services[^f00026] where appropriate;

• (5) be informed, without unreasonable delay, by your Victim Liaison Officer if you are required to give evidence. You are also entitled to be told about what to expect, including how to access the Military Court Service “Witness Information” leaflet;

• (6) view your statement to help refresh your memory – if you made a written statement, it will be available for you at court or Summary hearing on the day; if you made a video recorded statement, arrangements will be made for you to view this separately before the trial;

97

If you are required to give evidence, you are entitled to be offered a full needs assessment by the Service police, the Commanding Officer or Service Prosecuting Authority as appropriate to make sure you are supported in giving your best evidence. This may include consideration of the use of Special Measures (see paragraphs 53 and 54 of this Code) and whether a Summary Hearing is appropriate. If you are to give evidence in the court, you are also entitled to visit the court before the trial to familiarise yourself with the building and the court room.

98

In addition to the entitlements outlined above you are also entitled to be informed of the outcome of any Special Measures application.

99

If the suspect pleads not guilty in Service court or if you are required to give evidence in the Summary Hearing, you are entitled to talk to the Military Court Service (if your case is being heard in a Service Court) or your Victim Liaison Officer (if your case is being heard in a Summary Hearing) about what support you may need. You can ask for your contact details to be sent to victims’ services so they can get in touch with you to talk about any extra support they could offer you.

Measures for victim’s protection in case of escape

100

In the event of a suspect escaping from service custody, if there is a danger of an identified risk of harm to you, the Service Police, once aware of the escape or notified of it by the Military Corrective Training Centre, will notify you wherever possible of the escape and any measures taken for your protection if it is assessed that the suspect poses a significant risk of harm to you.

CHAPTER 4 — Trial

Attending Court as a Witness

101

If you are attending court as a witness, you are entitled to:

• (1) ask the Military Court Service staff if you and any family members who are also attending court can enter and leave the court building through a separate entrance from the accused and their family and friends;

• (2) where circumstances permit, meet the Service Prosecuting Authority advocate or representative to ask him or her questions about the court process. They will indicate where possible how long you may have to wait before giving evidence;

• (3) wherever possible, receive an explanation from the Service Prosecuting Authority advocate or representative if there is a delay in proceedings on the day and how long the wait is likely to be;

• (4) wait and be seated in an area separate from the accused and their family and friends. The Military Court Service staff will ensure this is done wherever possible. If you have family members who may attend court they will also be seated in a separate area from the accused and their family and friends wherever possible;

• (5) have any Special Measures set up for you where these have been ordered by the court;

• (6) be given a Military Court Service contact to point at the court so you can find out what is happening in the case whilst it is being heard.

102

If you need to leave the court building at any time, you should give your contact details to Military Court Service staff so they can contact you if necessary.

103

Part of the court process involves the cross-examination of witnesses to test their evidence. It is up to the court to make sure the trial is conducted in a fair and just manner, taking into account representations from the defence advocate and the Service Prosecuting Authority advocate representing the Crown. The Service Prosecuting Authority will treat victims who are witnesses in court respectfully and, where appropriate, will seek the court’s intervention where cross-examination is considered by the prosecutor to be inappropriate or too aggressive.

104

If you are not a witness in the case you are generally entitled to observe court proceedings from the public gallery.

Attending a Summary Hearing as a Witness

105

If you are attending a Summary Hearing as a witness you are entitled to:

• (1) ask the Commanding Officer’s discipline staff if you and any family members who have permission to accompany you can enter and leave the place of the hearing through a separate entrance from the accused and their family and friends where possible;

• (2) where circumstances permit, meet a member of the Commanding Officer’s discipline staff to ask him or her questions about the Summary Hearing process. They will indicate where possible how long you may have to wait before giving evidence;

• (3) wherever possible, receive an explanation from the Commanding Officer’s discipline staff if there is a delay in proceedings on the day and how long the wait is likely to be;

• (4) wait and be seated in an area separate from the accused. The Commanding Officer’s discipline staff will ensure this is done for you and any family members who have permission to accompany you wherever possible.

106

If you need to leave the building at any time, you should give your contact details to Commanding Officer’s discipline staff so they can contact you if necessary.

107

Part of the Summary Hearing process involves the questioning of witnesses to test their evidence. It is up to the Commanding Officer to make sure the hearing is conducted in a fair and just manner. The Commanding Officer will treat victims who are witnesses respectfully and, where appropriate, will intervene where questioning is considered inappropriate or too aggressive.

After the trial/Summary Hearing

108

Following the trial/Summary Hearing, where your Victim Liaison Officer is required to provide you with some of the services listed below, the Service Police may provide some or all of those services instead. You will be told by the Service Police if this is the case.

109

Following the trial or Summary Hearing, you are entitled to:

• (1) be paid within a reasonable time any expenses the Military Court Service or Commanding Officer have decided are due to you if you have attended court or a Summary Hearing to give evidence and have submitted a correctly completed claim form;

• (2) be informed by the Victim Liaison Officer about the outcome of the trial or Summary Hearing including, where available, a brief summary of reasons for the decision. This information will be provided without unreasonable delay;

• (3) be directed by the Victim Liaison Officer to victim support services where appropriate and where they are available[^f00027].

CHAPTER 5 — Sentencing Information

General

110

In this Chapter, where your Victim Liaison Officer is required to provide you with some of the services listed below, in some cases, the Service Police may provide some or all of those services instead. You will be told by the Service Police if this is the case.

Information to be provided

111

You are entitled to be informed by the Victim Liaison Officer of the sentence given to the accused (if convicted) without unreasonable delay. This includes a short explanation about the meaning and effect of the sentence.

112

Where the sentence follows a trial at a Service court, you are entitled to be referred to the Service Prosecuting Authority who will respond to any questions you may have about the sentence which the Victim Liaison Officer is not able to answer.

CHAPTER 6 — Appeals

General

113

Where your Victim Liaison Officer is required to provide you with services in this section, the Service Police may provide some or all of those services instead. You will be told by the Service Police if this is the case.

If an application is made to the Summary Appeal Court to appeal against a conviction or sentence in the Summary Hearing

114

You are entitled to be informed without unreasonable delay of the following information by your Victim Liaison Officer:

• (1) any notice of appeal that has been made;

• (2) the date, time and location of any hearing;

• (3) the outcome of that appeal, including any changes to the original sentence.

115

You are also entitled to:

• (1) ask the Military Court Service staff if you and any family members who are attending court can enter and leave the court building through a separate entrance from the accused and their family and friends;

• (2) wait and be seated in court in an area separate from the appellant and their family and friends. The court will ensure this is done wherever possible. If you have family members who may attend court they will also be seated in court in a separate area from the accused and their family and friends wherever possible;

• (3) be provided with a Military Court Service contract point at the Summary Appeal Court;

• (4) receive information about victim support services where appropriate and available[^f00028].

116

An appeal to the Summary Appeal Court involves a rehearing of the charge and/or the punishment. In such a case the relevant entitlements relating to Victim Personal Statements set out in Section 1 of this Part of the Code will apply. The relevant entitlements set out in Chapters 2, 3 and 4 of this Part of the Code will also apply.

If an application is made to the Summary Appeal Court to have a case stated for the opinion of the High Court

117

You are entitled to be informed, without unreasonable delay, of the following information by your Victim Liaison Officer:

• (1) an application to the Summary Appeal Court to have a case stated for the opinion of the High Court has been made;

• (2) the judge advocate’s decision as to whether or not they have decided to state a case;

• (3) the date, time and location of any hearing before the High Court;

• (4) the outcome of that stated case.

118

If you or your family members attend the High Court you are also entitled to:

• (1) ask the High Court if you and any family members who are attending court can enter and leave the court building through a separate entrance from the accused and their family and friends;

• (2) wait and be seated in court in an area separate from the appellant and their family and friends. The court will ensure this is done wherever possible. If you have family members who may attend court they will also be seated in court in a separate area from the accused and their family and friends wherever possible.

• (3) be provided with a High Court staff contact point at the High Court;

• (4) receive information about victim support services where appropriate and available[^f00029].

If an appeal is made to the Court Martial against a conviction or sentence in the Service Civilian Court

119

You are entitled to be informed, without unnecessary delay, of the following information by your Victim Liaison Officer:

• (1) any notice of appeal that has been made;

• (2) the date, time and location of any hearing;

• (3) the outcome of that appeal, including any changes to the original sentence.

120

You are also entitled to:

• (1) ask the Military Court Service staff if you and any family members who are attending court can enter and leave the court building through a separate entrance from the accused and their family and friends;

• (2) wait and be seated in court in an area separate from the appellant and their family and friends. The court will ensure this is done wherever possible. If you have family members who may attend court they will also be seated in court in a separate area from the accused and their family and friends wherever possible;

• (3) be provided with a contact point at the Military Court Service;

• (4) receive information about victim support services where appropriate and available[^f00030].

121

Where an appeal is made, the case will be dealt with by a rehearing of the charge and/or sentence before the Court Martial. In such a case the relevant entitlements relating to Victim Personal Statements set out in Chapter 2 of this Part of the Code will apply. The relevant entitlements set out in Chapters 2, 3 and 4 of this Part of the Code will also apply.

If an application is made to appeal against a conviction or sentence to the Court Martial Appeal Court, or an application or appeal is made to the UK Supreme Court in a criminal case on a point of law

122

You are entitled to:

• (1) be told by the Victim Liaison Officer, without unreasonable delay, that the appellant has been given leave to appeal;

• (2) receive information from the Victim Liaison Officer , without unreasonable delay, about the date, time and location of any hearing;

• (3) request the Victim Liaison Officer to inform you if the appellant is to be released on bail pre-appeal or if the bail conditions have varied or if bail has been revoked;

• (4) receive the information requested in paragraph 122(3) 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[^f00031];

• (5) receive an update from the Victim Liaison Officer, without unreasonable delay, on any changes to hearing dates;

• (6) be provided, by your Victim Liaison Officer , with a contact point for the Court staff;

• (7) be told, without unreasonable delay, about the result of the appeal. This includes any changes to the original sentence;

• (8) wait and be seated in court in an area separate from the appellant and their family and friends. The court staff will ensure this is done wherever possible. This will also be done for members of our family who attend court wherever possible. It is rare for the appellant to attend hearings in the Supreme Court. Special arrangements will be made for you if the appellant is present and you do not wish to sit in the courtroom;

• (9) request a copy from the Court Martial Appeal Court or UK Supreme Court staff of the court’s judgment in the case once it has been published.

The Court Martial Appeal Court and Victim Personal Statements

123

In determining an appeal against sentence, the court will always take into account any Victim Personal Statement (VPS) that is presented to it which was provided to the sentencing court.

124

It is normally necessary for a further VPS to be provided to the Court Martial Appeal Court. However, if there is information the court should know about the continuing impact the crime has had on you, a new or further VPS may be sent to the court through the Service Police or Service Prosecuting Authority. In very rare cases, you may be asked questions about your VPS in court. If the VPS is used in evidence, it will be disclosed to the defence and should not contain any comments about the sentence given or whether the appeal should succeed or not.

CHAPTER 7 — Post-Trial

Criminal Cases Review Commission

125

On receiving an application from an offender, the Criminal Cases Review Commission undertakes reviews of convictions and sentences imposed as a result of the offender’s criminal offending. The Commission may refer a conviction or sentence for a fresh appeal if there is some new information or new argument which might mean the conviction is unsafe or the sentence too long. When reviewing a case, the Commission will assess the potential impact on you and decide if you should be notified. The Commission will record the reasons for its decisions as to the form of contact with you and in appropriate cases will notify the Service police if their assistance in contacting you is required.

126

You are entitled to be notified by the Commission if it deems there is a reasonable prospect of a review coming to your attention.

127

If the Commission decides that is appropriate to contact you during the course of the review, the Commission will notify you that an application has been received and that the case is under review. Following the review, the Commission will decide if the conviction or sentence should be referred to the courts, and will notify you of its decision unless you have expressly asked not to be informed.

128

If the Commission decides that it is not appropriate to contact you during the review, but subsequently decides to refer the conviction or sentence to the courts, the presumption is that the Commission will inform you of the referral.

Unwanted contact from offenders

129

Persons subject to sentences of Service detention have limited access to telephone and internet facilities. If you receive unwanted contact from such a person in any form, you can report this by calling the Military Corrective Training Centre.

130

Prisoners are not allowed mobile phones and are allowed access to the internet only for educational purposes, employment and resettlement activities. They are not permitted to use social networking sites. If you receive unwanted contact from a prisoner in any form, you can report this by calling the National Offender Management Service Victim Helpline.

131

If you receive unwanted contact from an offender who is on licence (see ‘licence conditions’ in Definitions) in the community, you can contact the National Probation Service, or the police. If the offender is under 18 and being supervised by a Youth Offending Team, you can contact that Youth Offending Team to report any unwanted contact.

Armed Forces Victim Contact Scheme

132

The Armed Forces Victim Contact Scheme is offered to victims of offences including bereaved close relatives in cases where the offender:

• (1) receives a sentence of Service detention;

• (2) receives a sentence of imprisonment or youth custody of 12 months or more; or

• (3) has been detained in a hospital for treatment because he, or she, has a mental disorder.

133

If you wish to utilise this scheme you should notify the Military Corrective Training Centre. The purpose of the Armed Forces Victim Contact Scheme is to provide victims who are concerned for their safety with information keeping them informed of the key stages of the offender’s sentence, such as periods of unsupervised release including Short Term Temporary Release, Re-Integration Leave, Compassionate Leave, Community Work placements, transfer to open conditions as well as release. The detail of the information provided is subject to the discretion of the Commandant of the Military Corrective Training Centre and information will not be provided in cases where there is an identified risk of harm to the offender which would result from the notification.

134

If you are eligible, and choose to take part in the Armed Forces Victim Contact Scheme you are entitled to the information set out in this paragraph 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[^f00032]:

• (1) decide whether you want to receive information about key stages of the offender’s sentence. In the case of an offender detained in a hospital for treatment because he or she has a mental disorder, some of the decisions about their management will be related directly to their medical treatment, and as such, will be confidential medical information;

• (2) be assigned a Military Corrective Training Centre Liaison Officer who will act as your point of contact for the scheme;

• (3) receive information from the Military Corrective Training Centre without unnecessary delay about the offender’s Short Term Temporary Release, Re-Integration Leave, Compassionate Leave, transfer to open conditions, release on licence, or Community Work placements, or final release;

• (4) be informed by the Commandant of the Military Corrective Training Centre without unnecessary delay about any orders or conditions which an offender is subject to on unsupervised release which relate to you or your family. For example, this could include an order to prevent the offender from contacting you or your family;

• (5) be informed about any other information which the Commandant of the Military Corrective Training Centre considers to be appropriate in the circumstances of the case, including about key stages of the offender’s sentence, or treatment in the case of a mental health patient.

135

If you are a bereaved close relative of the victim of an offender sentence to service detention, or to imprisonment of 12 months in prison or more for a violent or sexual offence or detained in a secure hospital for treatment, you will also be offered participation in the Armed Forces Victim Contact Scheme if there is a danger or an identified risk of harm to you.

136

If you are the parent, guardian or carer of a victim who is under 18, a vulnerable adult, or is otherwise unable to fully participate in the Armed Forces Victim Contact Scheme, then you will usually be offered participation on their behalf. However, this participation may not be offered to a parent, guardian or carer if it is considered not to be in the best interests of the victim.

137

In the event of a suspect escaping from custody, if there is a danger or an identified risk of harm to you, the Service Police or police, once aware of the escape or notified of it by the Military Corrective Training Centre, the prison, Youth Offending Team, hospital or immigration detention centre, will notify you wherever possible of the escape and any measures taken for your protection if it is assessed that the suspect poses a significant risk of harm to you.

Civilian Victim Contact Scheme

138

If you are the victim of a criminal offence where the offender serves a sentence of imprisonment, youth custody, or detention in hospital in Scotland, the Armed Forces Victim Contact Scheme does not apply, but the Scottish civilian procedures will apply. The contact details for that system can be obtained from the Military Corrective Training Centre.

CHAPTER 8 — How to make a complaint

Complaints

139

You are entitled to be treated by service providers in a respectful, sensitive and professional manner without discrimination of any kind. Where they fail to do so, or fail to provide the services required under this Code, you are entitled to make a complaint and for that complaint to be swiftly and fully addressed. A complaint made pursuant to this Section of the Code is not a Service Complaint made under the Armed Forces Act 2006.

140

In the first instance, if you feel your entitlements have not been met or that any service provider has not delivered their duties under the Code, and you feel comfortable doing so, you should discuss your complaint with the person you have been dealing with at that service provider.

141

If you remain dissatisfied, or if you do not feel comfortable discussing the complaint with the person you have been dealing with in the relevant service provider, you can make a complaint through the internal complaints procedure of that service provider, If you send your complaint to the wrong service provider, that provider will use its best endeavours to redirect your complaint to the relevant service provider and inform you that they have done this. Complaints wrongly directed to Her Majesty’s Courts and tribunal Service or the UK Supreme Court will be forwarded to the Victim Liaison Officer for them to identify the relevant service provider and they will inform you they have done this.

142

You are entitled to:

• (1) receive information from the service provider on how to make a complaint, including contact details and the process for dealing with a complaint;

• (2) make a complaint if you feel that your entitlements set out under the Code have not been met by service providers;

• (3) receive either an acknowledgement of your complaint or full response to your complaint within 10 working days of receipt of the complaint;

• (4) if you receive an acknowledgement of your complaint, be given information on the internal complaints process of the service provider to whom you are complaining, including a timeframe for receiving a substantive response where appropriate;

• (5) receive a full response from the relevant service provider within a set timeframe, provided in an accessible language and format.

CHAPTER 9 — Transfer to Civilian Jurisdiction

General

143

If at any time during proceedings, the matter is turned over to the civilian authorities, Service responsibility will cease, and you should be directed to consult the applicable civilian procedures by the Victim Liaison Officer.

PART 4 — Victims’ Entitlements – Entitlements for Children and Young People

CHAPTER 1 — Introduction

General

144

This Part of the Code tells you what information, help and services you should receive from the service providers if you are under 18 and are a victim entitled to services under this Code[^f00033]. It should be read along with Parts 1 and 2 of this Code.

145

Your parent or guardian may also receive help and support unless they are a suspect in connection with the crime or if it is considered not to be in your best interests. A suspect is someone who the Service Police or Commanding officer believes may be involved in the crime.

How should I read this Part of the Code?

146

You can use this Part of the Code to help you follow your journey through the Service justice system and find out what help you should get at each stage. It is written for you and shows you what information, help and services you should get. These are called tour “entitlements”.

147

You can also use the definitions contained in Part 6 of this Code which explain what certain words and phrases mean.

148

A victim information leaflet is also available which also explains what you can expect during the Service justice process.

CHAPTER 2 — Service Police and Commanding Officers’ Investigations

General

149

Service offences may be investigated either by a Commanding officer or by the Service Police.

Information provided to you when you report a crime

150

When you report a crime to the Service Police or the Commanding officer, you are entitled to:

• (1) receive written confirmation 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 happens next;

• (3) a leaflet with information for victims of crime to be provided without unnecessary delay from your first contact with the Service Police or Commanding officer. This will include information about people you can talk to if you are upset and need support and how you can get in touch with them;

• (4) talk to the investigator to help you work out what support you need. This is called a “needs assessment”;

• (5) have your contact details sent to organisations that help victims if you want this to be done. The investigator will ask if you want your details sent to them first. These organisations are called “victim support services” in this Code. If you agree to have your details sent to victim support services then they will get in touch with you to let you know what support is available to you[^f00034].

• (6) 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 allowing you to know about the state of the criminal proceedings on your request unless the proper handling of the case may be harmed;

• (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.

Investigation

151

A Service Police and Commanding Officer’s investigation is when the Service Police or Commanding Officer looks for suspects and evidence of the crime you told them about. If the Commanding officer or Service Police decide not to investigate they will let you know without unreasonable delay from the decision.

152

The Service Police or Commanding Officer’s investigator will talk to you as part of your Needs Assessment. As you are under 18, they will consider whether any Special Investigation Measures or Special Measures should be used in your case and, if so, what they should be. They will discuss these with you. The Special Investigation measures include video recording your witness statement. You can find a full list of Special Investigation Measures in paragraphs 49 to 52 of this Code. You can ask if you would like some to be used, and the investigator will take your views into account when making their decision.

153

After you have told the Service Police or Commanding Officer a crime has taken place, you may then be asked to tell them what happened. This is called a witness statement. When you give your witness statement you are entitled to:

• (1) have someone with you unless the Service Police or investigator decides this is not allowed and tell you why. This could be a parent or family friend but normally they should be over 18 years old;

• (2) ask for someone to help you understand the questions you are being asked;

• (3) be told about Special Measures if you might have to go to court. Special Measures are things ordered by a court to make it easier for you to give evidence in court. These can include giving evidence from a different room by video link or judges removing their wigs and gowns. You can find a full list of Special Measures in paragraphs 53 and 54 of this Code.

154

You may also be entitled to receive Special Investigation Measures as set out in paragraph 153 of this Code.

155

You are also entitled to make a Victim Personal Statement. The Victim Personal Statement lets you explain in your own words how you feel the crime has affected you. This is not the same as a witness statement about what you saw and heard. Both your witness statement and Victim Personal Statement can be video recorded where appropriate. You do not have to make a Victim Personal Statement if you do not want to. If you decide not to make a Victim Personal Statement at first, you can do it later, but only if this is before sentencing. Sentencing is when the court or Commanding Officer orders the punishment that the offender will receive. The information you give in a Victim Personal Statement will be shared with the defence (who represent the person who has been accused of the crime) or the accused if it is used in court or Summary hearing. The accused or their defence might ask you questions about your Victim Personal Statement on rare occasions.

156

If the accused is found guilty in a Service court, you are entitled to say if you would like to have your VPS read aloud or played (if recorded) in court before the accused is sentenced. When the Service Police are taking your Victim Personal Statement, you are entitled to say, if the case is to end up in a Service court, whether you would like to read your Victim Personal Statement aloud, have it read aloud by someone else or played in court and what this means. If your case ends up being dealt with by a Commanding officer in a Summary hearing, you may read out your Victim Personal Statement if you are called to give evidence. If you are not called to give evidence in a Summary hearing, your Victim Personal Statement will still be considered by the Commanding Officer as written evidence.

157

When the Service Police or Commanding Officer are investigating your case you are entitled to:

• (1) receive information about what is happening and discuss with the investigator how often they will contact you;

• (2) be told if no one is found to be a suspect, or if the case is closed and be told without unreasonable delay from the decision being made;

• (3) ask the investigator to inform you of a suspect being released from Service custody and any Service custody release requirements which are made by the court, or if those release requirements change;

• (4) receive the information requested in paragraph 157(3) 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[^f00035];

• (5) say if you want to be told if a closed case has been reopened, so the Service Police or Commanding Officer can consider your wishes.

158

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.

CHAPTER 3 — Before the trial - charge, Service custody and information about the trial

Charge and Service custody

159

This Chapter tells you what happens when the suspect is charged with committing the crime. Being charged is when there is enough evidence (or proof) and it is in the public interest to formally accuse the suspect of the offence.

160

You are entitled to be told, without unreasonable delay, of the following events happening:

• (1) if the case is referred by the Service police to the Commanding Officer or the Director of Service Prosecutions or a decision is made not to refer the case and be told why if not. You can ask for a review of a decision not to refer the case if you are not happy with it and you should be given enough information to help you decide whether or not you want to do that;

• (2) a Commanding Officer’s decision to charge the suspect or to refer the case to the Director of Service Prosecutions, or a decision not to do these things. If the Commanding officer decides not to charge or does not refer the case (where they do not have the power to charge without first referring the case to the Director of Service Prosecutions), you are entitled to be told why not. You can ask for a review of a decision not to refer the case or not to charge if you are not happy with it and you should be given enough information to help you decide whether or not you want to do that;

• (3) a Service Prosecuting Authority decision to prosecute (take to court) or not to prosecute the suspect. You are entitled to be told how you can get more information about the decision if the Service Prosecuting Authority decides not to prosecute the suspect. You can ask for a review of the decision if you are not happy with it and you should be given enough information to help you decide whether you want to do that. The Service Prosecuting Authority prosecutes (takes to court) service offences.

• (4) the date of any hearing being set and the outcome of the hearings;

• (5) where there is a danger or an identified risk of harm to you, on request, the investigator will inform you, without unnecessary delay, of a suspect being released from Service custody and any Service custody release requirements which are made by the court, or if those release requirements change[^f00036].

Preparation for the trial

161

Where a suspect is charged with committing a crime, you are entitled to be informed without unreasonable delay of a Service Prosecuting Authority or Commanding officer’s decision to make big changes to the charges against the suspect, to stop the case, to charge the suspect with another crime or a Service Prosecuting Authority decision to offer no evidence to the court (i.e. end the case).

162

Where the Service Prosecuting Authority or the Commanding Officer decides to stop the case by discontinuing proceedings or the Service Prosecuting Authority decides to offer no evidence, you are entitled to be told how you can get more information about the decision and how you can ask for a review of the decision if you are not happy with it. You are entitled to receive enough information to help you decide whether or not you want to ask for a review.

163

Paragraphs 165 to 168 of this Code give you information about services you are entitled to get from the Victim Liaison Officer. Sometimes the Service Police might provide you with this information and support instead if they are your main point of contact. The Service Police will tell you if they are your main point of contact.

164

You are entitled to be told about the date, time and place of any court hearings or Summary Hearing, the court or Commanding Officer’s decision and what should happen next. You will be given this information by the Victim Liaison Officer without unreasonable delay. You will also be told what this means for you and what you need to do.

165

• (1) You may ask the Victim Liaison Officer to inform you of a suspect being released from Service custody and any Service custody release requirements which are made by the court, or if those release requirements change;

• (2) You are entitled to the information requested in paragraph 165(1) 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[^f00037].

166

If the accused pleads not guilty in a Service court or if you are required to give evidence in the Summary hearing, you are entitled to talk to the Military Court Service (if your case is being heard in a Service court) or your Victim Liaison Officer (if your case is being heard in a Summary hearing) about what support you may need. You can ask for your contact details to be sent to victim support services so that they can get in touch with you to talk about any extra support they could offer you[^f00038].

167

You are entitled to be told by your Victim Liaison Officer, without unreasonable delay, if you have to give evidence.

168

If you are asked to give evidence at the trial you are entitled to:

• (1) see your video recorded or written statement shortly before the trial to help you remember what you said when you told the Service police what happened to you. The Service Police will arrange this for you;

• (2) if you made a written statement, it will be available for you on the day. If you made a video recorded statement, arrangements will be made for you to view this separately before the trial;

• (3) be informed by the Military Court Service staff about what will happen on the day. The Service Prosecuting Authority advocate will explain the Special Measures available to help you (see paragraphs 53 and 54 of this Code);

• (4) be told by the Military court Service how you can get leaflets that help you understand what will happen when you give evidence to a court;

• (5) if you are due to attend court as a witness, visit the court before the trial to see what it looks like. You should see the court room and practice using Special Measures equipment like video links or screens around the witness box depending on what the court has ordered. Where possible, you will get to meet the staff who will help you on the day.

169

If you are required to give evidence at the Summary Hearing, you are entitled to:

• (1) view your statement to help refresh your memory, a copy will be made available to you on the day of the hearing;

• (2) be informed by the Victim Liaison Officer about what will happen at the Summary Hearing.

170

In the event of a suspect the event of a suspect escaping from service custody, if there is a danger of an identified risk of harm to you, the Service Police, once aware of the escape or notified of it by the Military Corrective Training Centre, will notify you wherever possible of the escape and any measures taken for your protection if it is assessed that the suspect poses a significant risk of harm to you.

CHAPTER 4 — Trial or Summary Hearing

Trial at Service court

171

If you do go to court to give evidence at the trial, you are entitled to:

• (1) wherever possible, meet the Service Prosecuting Authority advocate (the lawyer who presents the case against the accused) or representative to ask him or her questions about what will happen in court, how long you may have to wait before giving evidence and be told of any delay;

• (2) ask court staff if you and any family members who are also attending court can use a different entrance and exit from the accused and their family and friends. This means that when you go to court you do not need to see the accused or their family and friends;

• (3) wait and be seated in an area separate from the accused and their family and friends. If you have family members who may attend court, they will also be seated in a separate area from the accused and their family and friends wherever possible;