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

Type Statutory-Instrument

Publication 2015-10-21

Last updated 2022-12-05

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) be given a contact point at the court where you can find out what is happening while you are waiting to give your evidence;

(5) have any Special Measures arranged for you by the court staff when the court has ordered them. For example, if you have pre-recorded your witness statement, the court may, as a Special Measure, allow this to be played to the court so that you do not have to give this evidence again. You would then be asked questions about your evidence. This is called cross-examination. Another Special Measure is for you to provide your evidence from a different room using a video link;

(6) give your contact details to court staff so they can call you back quickly if you have left the court building for a short while;

(7) watch the trial in the public gallery if you have finished or are not giving evidence as a witness.

172

At a trial by a Service court, 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 way, taking into account what is said by the defence lawyer and the Service Prosecuting Authority advocate. 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.

Summary Hearing

173

If you do attend a Summary hearing to give evidence 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 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.

174

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

175

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 by the accused is considered inappropriate or too aggressive.

CHAPTER 5 — After the trial

Expenses

176

Following the trial or Summary hearing you are entitled to be paid any expenses without unreasonable delay which the Military Court Service or Commanding Officer has 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.

General

177

Paragraphs 178 and 179 of this Code tell you about the 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 this is the case. You are entitled to receive this information without unreasonable delay.

The sentence

178

You are entitled to be informed about the decision of the court or Commanding Officer and, where available, receive a brief summary of reasons for the decision. If the accused has been found guilty or the case has been proved in a Summary hearing, you are entitled to be told the sentence he or she has been given. The sentence is the punishment ordered by the court or Commanding Officer. This will include a short explanation about what the sentence is and what it means. If the Victim Liaison Officer is not able to answer your questions about the sentence, they will pass you to the Service prosecuting Authority or Commanding officer. They will help to answer your questions.

Victim Support Services

179

You are entitled to be put in touch with victim support services by the Victim Liaison Officer where available and appropriate[^f00039].

CHAPTER 6 — Appeals

Appeals

180

Sometimes the offender asks the court to look at the case or the sentence again. This is called an appeal. If the offender does appeal, you are entitled to the following without unreasonable delay:

(1) to be told whether the court will let the appeal go ahead;

(2) to ask 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;

(3) to receive the information requested in paragraph 180(2) 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[^f00040].

(4) to be given dates, times and locations of any further hearing dates and any changes to the dates if the appellant is allowed to appeal;

(5) to be told the outcome of the appeal or if there are any changes to the sentence originally given by the court;

(6) to receive information about victim support services that can help you, where available[^f00041].

181

If the appeal is to the Court Martial Appeal Court, the High Court or is a United Kingdom Supreme Court case you can ask for a copy of the decision from the relevant court (which is called a judgment) once it has been published.

182

If there is going to be an appeal hearing, you may be able to make a new or further Victim Personal Statement (see paragraph 155 of this code). This lets you tell the court about the longer term effects that the crime has had on you. Your Victim Liaison Officer will let you know if it is possible to make such a Victim Personal Statement.

183

In some appeals the case may be re-heard. Where an appeal has a re-hearing of the charge or the sentence, your relevant entitlements set out earlier in this part of the Code will apply.

CHAPTER 7 — After the Sentence

Unwanted contact from offenders

184

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.

185

Prisoners are not allowed mobile phones and are only allowed access to the internet for certain purposes. They are not allowed 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.

186

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

187

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.

188

If you wish to use 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.

189

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[^f00042]:

(1) decide whether you want to receive information about key stages of the offender’s sentence;

(2) be given the details of a person who will be your point of contact for the scheme;

(3) be told when the offender is released from the Military Corrective Training Centre, prison or hospital and any conditions put on them which relate to you;

(4) be told about any other important information which the Commandant of the Military Corrective Training Centre thinks you should be told.

190

If you are eligible, your parent or guardian or carer will usually be offered participation on your behalf. However, this participation may not be offered if it is considered not to be in your best interests.

191

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

192

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

193

You are entitled to be treated by service providers in a respectful, sensitive and professional manner without discrimination of any kind. If you do not think that you have received the services and support that you are entitled to in this Code, you can make a complaint.

194

If you feel comfortable doing so, you should first talk about your complaint with the person you have been dealing with at that organisation.

195

If this does not help to answer your complaint, you can make a complaint through the organisation’s official complaints system. 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.

196

You are entitled to:

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

(2) receive:

(a) an acknowledgement saying that the organisation has got your complaint and is dealing with it, or

(b) a full response to your complaint,

within 10 working days;

(3) if you receive an acknowledgement, information about how the organisation deals with complaints including how long it may take to get a full response where appropriate;

(4) receive confirmation from the organisation you complain to that says they have got your complaint and when to expect an answer;

(5) receive a full response from the organisation within the timeframe they set out.

CHAPTER 9 — Transfer to Civilian Jurisdiction

General

197

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 5 — Duties on Service Providers

CHAPTER 1 — Introduction

General

198

This Part sets out the information, help and services that service providers in paragraph 7 of this Code must provide to victims entitled to services under this Code[^f00043] to enable them to deliver the entitlements set out in earlier Parts. For the avoidance of doubt. The relevant service providers must provide the entitlements as set out in Part 3 (for adults) and Part 4 (for persons under 18) and the duties set out in Parts 1 and 2 of this Code.

Victims under the age of 18

199

All victims of crime who are under 18 (child victims) are automatically eligible for the enhanced services provided to vulnerable victims of crime. All service providers must therefore ensure that they provide the same enhanced level of service to child victims and have regard to their duties in Parts 1 to 4 of this Code.

200

For the avoidance of doubt the relevant service providers must also ensure that they provide the entitlements to child victims or their parents or guardians as set out in Part 4 of this Code.

201

At all times the child’s best interests must be a primary consideration for service providers.

202

Where the age of a victim is uncertain and there are reasons to believe that the person is under 18 years of age, service providers should presume that person to be under 18 and therefore entitled to receive the enhanced entitlements set out in this Code for victims who are under 18 years of age (in Parts 2 and 4 and in this Part).

CHAPTER 2 — Service Police Investigation

Information, referral to victim support services and needs assessments

203

The Service Police must:

(1) provide the entitlements set out in Part 3, Chapter 2 and, in relation to a child victim, Part 4, Chapter 2 where they are not specifically listed in the duties below;

(2) provide all victims with a written acknowledgement of the crime that they have reported 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. The victim may request not to receive such acknowledgement. Where the Service Police consider there may be a risk of harm to the victim from sending the written acknowledgement (for example in domestic violence cases), they may agree with the victim not to send one;

(3) notify the victim, without unnecessary delay, of their 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 the victim to know about the state of the criminal proceedings on their request unless the proper handling of the case may be adversely affected by such notification;

(e) where the victim is 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 they are entitled to receive sufficient information to enable them to decide whether to request a review.

(4) conduct a timely needs assessment to decide whether victims fall into one of the three priority categories: victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims (a child victim is automatically eligible for the enhanced services provided to vulnerable victims of crime) following the tests set out in Part 2 of this Code;

(5) explain Special Investigation Measures and Special Measures where appropriate to victims in the three priority categories and record any views expressed by the victim about going to court or Summary Hearing. Establish what measures, if any, the victim feels they need to best help them give their evidence;

(6) record the outcome of the needs assessment and requests for Special Investigation Measures and Special Measures and share this information with the Commanding Officer and the Service Prosecuting Authority as appropriate;

(7) provide (in accordance with paragraphs 13 and 14 of this Code) all victims with the victim and witness information leaflets without unnecessary delay from the victim’s first contact (see the definitions in Part 6) with the Service Police;

(8) discuss and seek to agree with the victim (or, in relation to a child victim: the victim or their parent or guardian) how often they will receive updates about the case;

(9) inform all victims about this Code and how they can find out more about it;

(10) explain to all victims that their details will be passed to victim support services by the Service Police if they wish this to happen[^f00044];

(11) seek explicit consent from victims before sending their details to victim support services[^f00045];

(12) inform all victims that they can choose to refer themselves to victim support services at a later date and provide information about victim support services, including contact details[^f00046];

(13) explain that any witness statement that is taken may result in the victim having to give evidence in court or Summary hearing at a later date;

(14) explain, without unreasonable delay, a decision not to investigate a crime;

(15) advise the victim, without unreasonable delay, when an investigation into a case has been concluded with no person being referred and explain the reasons. The Service Police or Commanding Officer, as appropriate, must ask the victim if they wish to be informed if the investigation is to be re-opened. A record of their response should be made. The victim’s views are to be sought and must be considered if re-opening of the case is formally considered.

204

The Service Police must advise the victim that they may ask to be informed[^f00047] 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.

205

The victim is entitled to the information requested pursuant to paragraph 204 of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00048].

206

The Service police may discuss and agree with the victim timings for the provision of information in paragraphs 203 to 205 of this Code to suit the victim’s needs.

207

If the Service Police need to interview a victim, they must consider the “Achieving Best Evidence in Criminal Proceedings” guidance and ensure that a suitably trained professional conducts the investigative interview in a way that considers the needs and views of the victim in order to minimise his or her stress. This should be planned in advance, taking into account factors such as:

(1) the need for an intermediary or linguistic assistance to help the victim to communicate their evidence effectively;

(2) any disabilities or special needs the victim has;

(3) the timing and location of the interview;

(4) the gender of the interviewer and victim;

(5) the need for a suitable adult to be present to provide emotional support.

208

When recording a child victim’s evidence, the Service Police must have regard to the powers of Service courts to provide (by way of direction) for any relevant recording to be admitted under section 27 of the Youth Justice and Criminal Evidence Act 1999[^f00049] (video recorded evidence in chief).

209

If the Service Police require a child to be interviewed they must allow the child to be accompanied by an adult of their choice to help provide emotional support, unless it is in their best interests not to be accompanied by this person.

210

The Service Police must:

(1) conduct the interview without unjustified delay after the facts have been reported[^f00050];

(2) limit the number of interviews where possible and only carry out interviews where strictly necessary for the purposes of their investigation;

(3) keep medical examinations to a minimum and carry them out only where strictly necessary for the purposes of the criminal proceedings;

(4) allow the victim to be accompanied by a person of their choice, unless a reasoned decision has been made to the contrary;

(5) take steps to ensure the victim does not have unnecessary contact with the suspect when the victim is being interviewed.

211

Where the victim is a victim of the most serious crime, a persistently targeted victim, or vulnerable or intimidated victim, the Service Police must provide the victim with any Special Investigation Measures (see paragraphs 49 to 52 of this Code) identified as appropriate in the needs assessment, unless operational or practical constraints make this impossible, or where there is an urgent need to interview the victim and failure to do so could harm the victim or another person or could prejudice the course of proceedings.

Victim Personal Statement

212

The Service Police must offer the opportunity to make a Victim Personal Statement to the following people:

(1) any victim at the time they complete a witness statement about what has happened;

(2) victims of the most serious crime (including bereaved close relatives), persistently targeted victims and vulnerable or intimidated victims, irrespective of whether or not they have given a witness statement about what happened (a child victim is automatically eligible for enhanced services under this Code);

(3) a parent or carer of a vulnerable adult or of a young victim under the age of 18 unless it is considered not to be in the best interests of the child or vulnerable adult.

213

In addition the Service Police may offer the opportunity for the victim to make a Victim Personal Statement in any other case where it seems appropriate.

214

The Service Police may arrange for a Victim Personal Statement or a further Victim Personal Statement to be taken by an organisation offering victim support services or another service provider, but all statements must be taken in accordance with the requirements of section 9 of the Criminal Justice Act 1967[^f00051].

215

A Victim Personal Statement can be video recorded, but the Service Police must also make arrangements for the victim to make a written statement if they prefer.

216

When taking a Victim Personal Statement, the Service Police or other service provider must ask the victim whether he or she wants the Victim Personal Statement to be read aloud or played (if recorded) if the matter proceeds to a Service court. The Service Police must also ask the victim whether they would prefer to read the statement aloud themselves or whether they would like the Service Prosecuting Authority advocate to do this on their behalf. The Service Police must explain to the victim:

(1) that their Victim Personal Statement does not have to be read aloud if they do not want it to. It should be explained to the victim that they can change their mind and choose not to have their Victim Personal Statement read aloud;

(2) that the victim may be questioned on the Victim Personal Statement in court or Summary Hearing;

(3) the risk to the victim’s privacy;

(4) that the contents of the Victim Personal Statement may be reported by the media if the case is heard in a Service court; and

(5) that ultimately it is a matter of judicial discretion as to whether the statement is read out (and by whom) or played (where recorded) in full or in part, in court.

217

When taking the Victim Personal Statement, the Service Police or other service provider must explain to the victim that if the matter proceeds to a Summary Hearing they may read out the Victim Personal Statement if they are called to give evidence as a witness, or otherwise it will be provided as written evidence in the Summary Hearing. They must explain to the victim that they may be questioned on the Victim Personal Statement in the Summary Hearing.

218

The Service Police or other service provider taking the statement must ensure it is forwarded to the Service Prosecuting Authority and/or the Commanding officer as appropriate and must inform them of the victim’s preference in relation to the Victim Personal Statement in a timely manner.

219

If the case proceeds to a Service Court, the Service Prosecuting Authority must ensure that the Victim Personal Statement and information about the victim’s preference (as above) is served on the court in a timely manner to enable the court to consider whether, and what sections of, the Victim Personal Statement should be read aloud or played, and who will read it. This is unless the case is not proceeding on the charges to which the Victim Personal Statement relates, in which case the Victim Personal Statement remains unused material.

220

If the case proceeds to a Summary Hearing, the Commanding Officer must ensure that the Victim Personal Statement is included in the case summary and written evidence.

221

The Service Prosecuting Authority must ensure wherever possible that the Victim Liaison Officer (or Service Police if they are acting as the main point of contact in the case) are notified within 1 working day of the court’s decision about whether, and what sections of, the Victim Personal Statement should be read aloud or played, and who will read it.

222

The Victim Liaison Officer (or Service Police if they are acting as the main point of contact in the case) must, wherever possible, notify the victim in a timely manner of the court’s decision about whether, and what sections of, the Victim Personal Statement should be read aloud or played, and who will read it so that the victim can make arrangements to attend court if necessary.

Referral

223

In a Service Police investigation the Service Police must inform victims, without unreasonable delay, of all decisions to refer the case to the Commanding Officer or the Director of Service Prosecutions.

224

In a Service police investigation, the Service Police must inform victims of all Service Police decisions not to refer a case in which a suspect has been identified and interviewed under caution, to the Commanding Officer or the Director of Service Prosecutions without unreasonable delay from the suspect being told. They must give reasons for the decision to the victim, how they can access further information about the decision and how they can seek a review of the decision if they are dissatisfied with it in accordance with the Service Police victims’ right to review scheme. Sufficient information must be provided to enable the victim to decide whether or not they wish a review to take place.

Appointment of a Victim Liaison Officer

225

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

CHAPTER 3 — Commanding Officer’s Investigation

Information, referral to victim support services and needs assessments

226

The Commanding Officer must:

(1) provide the entitlements set out in Part 3, Chapter 2 and, in relation to a child victim, Part 4, Chapter 2 where they are not specifically listed in the duties below;

(2) ensure victims are provided with a written acknowledgement of the crime that they have reported 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. The victim may request not to receive such acknowledgement. Where the Commanding Officer considers there may be a risk of harm to the victim from sending the written acknowledgement (for example in domestic violence cases), they may agree with the victim not to send one;

(3) ensure the victim is notified, without unnecessary delay, of their 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 the victim to know about the state of the criminal proceedings on their request unless the proper handling of the case may be adversely affected by such notification;

(e) where the victim is 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 they are entitled to receive sufficient information to enable them to decide whether to request a review;

(4) ensure a timely needs assessment is conducted to decide whether victims fall into one of the three priority categories: victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims following the tests set out in Part 2 of this Code (a child victim is automatically eligible for the enhanced services provided to vulnerable victims of crime);

(5) ensure Special Investigation Measures and Special Measures are explained, where appropriate, to victims in the three priority categories and establish what measures, if any, the victim feels they need to best help them give their evidence;

(6) ensure the outcome of the needs assessment and requests for Special Investigation Measures and Special Measures are recorded and share this information with the Service Police and the Service Prosecuting Authority if the case is passed or referred to them;

(7) ensure victims are provided (in accordance with paragraphs 13 and 14 of this Code) with the victim and witness information leaflets without unnecessary delay from the victim’s first contact (see the definitions in Part 6) with the Commanding Officer’s investigation;

(8) ensure that the investigators discuss and seek to agree with the victim (or, in relation to a child victim: the victim or their parent or guardian) how often they will receive updates about the case;

(9) ensure that victims are informed about this Code and how they can find out more about it;

(10) ensure that it is explained to victims that their details will be passed to victim support services by the Commanding Officer if they wish this to happen[^f00052];

(11) ensure that explicit consent is sought from victims before sending their details to victim support services[^f00053];

(12) ensure that victims are informed that they can choose to refer themselves to victim support services at a later date and that information about victim support services is provided, including contact details[^f00054];

(13) ensure that it is explained that any witness statement that is taken may result in the victim having to give evidence in court or Summary Hearing at a later date;

(14) ensure that a decision not to investigate a crime is explained without unreasonable delay;

(15) ensure that the victim is advised, without unreasonable delay, when an investigation into a case has been concluded with no person being charged and that the reasons are explained. The Commanding Officer must ensure the victim is asked if they wish to be informed if the investigation is to be re-opened. A record of their response should be made. The victim’s views are to be sought and must be considered if re-opening of the case is formally considered.

227

The Victim Liaison Officer must advise the victim that they may ask to be informed[^f00055] 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.

228

The victim is entitled to the information requested pursuant to paragraph 127 of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00056].

229

If the Commanding officer’s investigation needs to interview a victim, the Commanding Officer must ensure that the investigative interview is conducted in a way that considers the needs and views of the victim in order to minimise his or her stress. This should be planned in advance, taking into account factors such as:

(1) the need for an intermediary or linguistic assistance to help the victim to communicate their evidence effectively;

(2) any disabilities the victim has;

(3) the timing and location of the interview;

(4) the gender of the interviewer and victim;

(5) the need for a suitable adult to be present to provide emotional support.

230

The Commanding Officer must:

(1) ensure that the interview is conducted without unjustified delay after the facts have been reported[^f00057];

(2) limit the number of interviews where possible and only carry out interviews where strictly necessary for the purposes of the investigation;

(3) keep medical examinations to a minimum and carry them out only where strictly necessary for the purposes of the criminal proceedings;

(4) allow the victim be accompanied by a person of their choice, unless a reasoned decision has been made to the contrary;

(5) take steps to ensure the victim does not have unnecessary contact with the suspect when the victim is being interviewed.

231

Where the victim is a victim of the most serious crime, a persistently targeted victim, or vulnerable or intimidated victim, the Commanding Officer must note any Special Investigation Measures (see paragraphs 49 to 52 of this Code) identified as appropriate in the needs assessment, or requested by the victim. The Commanding Officer must either provide those Special Investigation Measures, or, if the Commanding Officer is unable to provide any of those Special Investigation Measures, then they must pass the case to the Service Police for investigation unless operational or practical constraints make this impossible, or where there is an urgent need to interview the victim and failure to do so could harm the victim or another person or could prejudice the course of proceedings.

Victim Personal Statement

232

The Commanding Officer must ensure that the victim is offered the opportunity to make a Victim Personal Statement in the following situations:

(1) any victim at the time they complete a witness statement about what has happened;

(2) victims of the most serious crime (including bereaved close relatives), persistently targeted victims and vulnerable or intimidated victims, irrespective of whether or not they have given a witness statement about what happened (a child victim is automatically eligible for enhanced services under this Code);

(3) a parent or carer of a vulnerable adult or of a young victim under the age of 18 unless it is considered not to be in the best interests of the child or vulnerable adult.

233

In addition the Commanding Officer may offer the opportunity for the victim to make a Victim Personal Statement in any other case where it seems appropriate.

234

When the Victim Personal Statement is being taken, the Commanding Officer must ensure that the victim is asked whether he or she wants the Victim Personal Statement to be read aloud or played (if recorded) if the matter proceeds to a Service court. The Commanding Officer must also ensure that the victim is asked whether they would prefer to read the statement aloud themselves or whether they would like the Service Prosecuting Authority advocate to do this on their behalf. The Commanding Officer must ensure that it is explained to the victim:

(1) that their Victim Personal Statement does not have to be read aloud if they do not want it to. It should be explained to the victim that they can change their mind and choose not to have their Victim Personal Statement read aloud;

(2) that the victim may be questioned on the Victim Personal Statement in court or Summary Hearing;

(3) the risk to the victim’s privacy if the case is heard in a Service court;

(4) that the contents of the Victim Personal Statement may be reported by the media if the case is heard in a Service court; and

(5) that ultimately it is a matter of judicial discretion as to whether the statement is read out (and by whom) or played (where recorded) in full or in part, in court.

235

When the Victim Personal Statement is being taken the Commanding Officer must ensure that it is explained to the victim that if the matter proceeds to a Summary Hearing they may read out the Victim Personal Statement if they are called to give evidence as a witness, or otherwise it will be provided as written evidence in the Summary Hearing. They must explain to the victim that they may be questioned on the Victim Personal Statement in the Summary Hearing.

236

The Commanding Officer must ensure that any Victim Personal Statement taken is forwarded to the Service Prosecuting Authority where the case is referred to the Service Prosecuting Authority and must inform them of the victim’s preference in relation to the Victim Personal Statement in a timely manner if the matter proceeds to a Service court.

237

238

If the case proceeds to a Summary Hearing, the Commanding Officer must ensure that the Victim Personal Statement is included in the case summary and written evidence.

239

240

The Victim Liaison Officer must, wherever possible, notify the victim in a timely manner of the court’s decision about whether, and what sections of, the Victim Personal Statement should be read aloud or played, and who will read it so that the victim can make arrangements to attend court if necessary.

Appointment of a Victim Liaison Officer

241

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

CHAPTER 4 — Charge and Pre-trial/Summary Hearing

General

242

The relevant service providers below must ensure that they provide the entitlements in Part 3, Chapter 3, and Part 4, Chapter 3 which fall to them.

Commanding Officer’s consideration of charge and Summary Hearing

243

Where a Commanding Officer, following a Service Police investigation or their own investigation has initial powers[^f00058] in respect of a case, the Victim Liaison Officer must inform the victim, without unreasonable delay, of:

(1) any decision to charge or to refer the case to the Director of Service Prosecutions;

(2) any decision not to charge or not to refer[^f00059] a case in which a suspect has been identified and questioned after caution to the Director of Service Prosecutions. They must give reasons for the decision to the victim, how they can access further information about the decision and how they can seek a review of the decision if they are dissatisfied with it in accordance with the Commanding Officers’ victims’ right to review scheme. Sufficient information must be provided to enable the victim to decide whether or not they wish a review to take place.

244

The Victim Liaison Officer must inform victims, without unreasonable delay, of:

(1) the date, time and location of any Summary Hearing; and

(2) the date, time and location of any Service court hearing.

245

The Victim Liaison Officer must advise the victim that they may ask to be informed[^f00060] of a suspect being released from Service custody and of any Service custody release requirements which are imposed, changed or cancelled.

246

The victim is entitled to the information requested pursuant to paragraph 245 of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00061].

247

The Victim Liaison Officer must inform victims of decision 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; or

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

248

Where the Commanding Officer discontinues proceedings on the charge the Victim Liaison Officer must also give reasons for the decision to the victim and must inform the victim how they can access further information about the decision and how they can seek a review of the decision if they are dissatisfied with it, in accordance with the Commanding Officers’ victims’ right to review scheme. The notification of the decision must include sufficient information to enable the victim to decide whether or not they wish a review to take place.

249

Victims must be provided with the information at paragraphs 247 and 248 without unreasonable delay from the decision being made.

Director of Service Prosecutions’ consideration of a charge

250

Where the case has been referred to the Director of Service Prosecutions[^f00062], the Service Prosecuting Authority prosecutor responsible for the case must inform the victim without unreasonable delay of:

(1) any decision to charge[^f00063], allocate the charge for trial by a Service court or to refer the case to the Commanding Officer;

(2) any decision not to charge. They must give, the reason for the decision (insufficient evidence or on public including Service interest grounds), how they can access further information about the decision from the Service Prosecuting Authority and how they can seek a review of the decision if they are dissatisfied with it, in accordance with Service Prosecuting Authority’s victims’ right to review scheme. The notification of the decision must include sufficient information to enable the victim to decide whether or not they wish a review to take place.

251

The Military Court Service must inform victims and the Victim Liaison Officer without unreasonable delay of the date, time and location of any court hearings in the case.

252

In cases where there is a danger or an identified risk of harm to the victim, the Service Prosecuting Authority must inform the Victim Liaison Officer without unnecessary delay if the suspect is released from Service custody, together with any Service custody release requirements imposed, and any changes to those requirements with reasons if provided by the judge advocate[^f00064].

253

The Victim Liaison Officer must advise the victim that they may ask to be informed of a suspect being released from Service custody and any Service custody release requirements which are imposed, changed or cancelled[^f00065].

254

The victim is entitled to the information requested pursuant to paragraph 253 of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00066].

255

The Service Prosecuting Authority must provide information on Service Prosecuting Authority prosecution decisions to the Commanding Officer and the Victim Liaison Officer so they can also inform victims of the decision.

256

The Service Prosecuting Authority must inform victims of decisions 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.

257

Where the Service Prosecuting Authority discontinues or offers no evidence in all proceedings, the Service Prosecuting Authority must also give reasons for the decision to the victims an must inform the victim how they can access further information about the decision and how they can seek a review of the decision if they are dissatisfied with it, in accordance with the Service Prosecuting Authority’s victims’ right to review scheme. The notification of the decision must include sufficient information to enable the victim to decide whether or not they wish a review to take place.

258

Victims must be provided with the information at paragraphs 257 and 258 of this Code without unreasonable delay from the decision being made.

Pre-Summary Hearing

259

This paragraph outlines the duties that the Victim Liaison Officer must provide to victims prior to a Summary Hearing. The Victim Liaison Officer must:

(1) notify victims of the time, date, location, adjournment, postponement and outcome of any Summary Hearing without unreasonable delay;

(2) in cases where the victim may be required to give evidence in a summary hearing the Victim Liaison Officer must discuss any needs the victim may have and refer the victim to victim support services where appropriate[^f00067];

(3) notify victims who are required to attend a summary hearing to give evidence without unreasonable delay and inform them what to expect including how to access the Military Court Service witness information leaflet;

(4) the Victim Liaison Officer must advise the victim that they may ask to be informed[^f00068] of a suspect being released from Service custody and any Service custody release requirements which are imposed, changed or cancelled;

(5) the victim is entitled to the information requested pursuant to paragraph 259(4) of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00069].

260

The Commanding Officer must offer a full needs assessment to victims who are required to give evidence at a Summary Hearing. In cases involving victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims (a child victim is automatically eligible for the enhanced services provided to vulnerable victims of crime) where a Needs Assessment has identified that any Special Measures are either appropriate or have been requested by the victim, and the victim may be required to give evidence at the Summary Hearing, a Commanding Officer should not hear the case and must instead refer the case to the Director of Service Prosecutions so that an appropriate decision can be made as to whether Special Measures are required.

261

The Commanding Officer must arrange for victims to be shown their video-recorded, or written, statement shortly before the Summary Hearing to refresh their memory.

Pre-trial

262

This paragraph outlines the duties that the Victim Liaison Officer must provide to victims. In some cases, the Service Police might provide the information in this paragraph to victims instead. The Service Police must tell victims if this is the case and agree with the Victim Liaison Officer which of the following services they will provide. The Victim Liaison Officer must:

(1) notify victims of the time, date, location and outcome of any Service court hearing without unreasonable delay;

(2) following a not-guilty plea, discuss any needs the victim may have and refer the victim to victim support services where appropriate[^f00070];

(3) notify victims who are required to attend court to give evidence without unreasonable delay and inform them what to expect, including how they can access the Military Court Service witness information leaflet;

(4) inform victims of the outcome of the Special Measures applications;

(5) the Victim Liaison Officer must advise the victim that they may ask to be informed[^f00071] of a suspect being released from Service custody and any Service custody release requirements which are imposed, changed or cancelled;

(6) the victim is entitled to the information requested pursuant to paragraph 262(5) of this Code only where there is a danger or an identified risk of harm to the victim, in which case the information will be provided without unnecessary delay[^f00072].

263

Military Court Service court staff must ensure wherever possible that the Service Police and Victim Liaison Officer are notified within 1 working day of the following decisions being made for victims of the most serious crime, persistently targeted, and vulnerable or intimidated victims (in cases in which the court staff have been notified that these categories of victims are involved), and within 3 working days in cases involving all other victims:

(1) court dates in relation to all hearings;

(2) the outcome of Service custody and administrative Special Measures applications;

(3) adjournments and postponements of scheduled hearings;

(4) ensure that the Service Police, and the Victim Liaison Officer are notified as soon as possible of a suspect being arrested after charge.

264

Military Court Service court staff must also offer, in a timely manner, victims of the most serious crime, persistently targeted, and vulnerable or intimidated victims who will be witnesses in the case, and who will be giving evidence in court, a pre-trial visit to the court to familiarise themselves with the court room and to practise using Special Measures equipment.

265

The Service Prosecuting Authority must:

(1) offer a full needs assessment to those victims who are required to attend court to give evidence to assess what support they may require. Victims must be informed what to expect including how they can access the witness information leaflet;

(2) where appropriate explain the Special Measures that may be available to assist the victim in giving their best evidence in court;

(3) provide Military Court Service and the Victim Liaison Officer with the list of witnesses attending court as soon as it is finalised so that Military Court Service and the Victim Liaison Officer or in some instances, the Service Police if they are acting as the main point of contact for the victim, can inform victims who are required to give evidence;

(4) if appropriate, consider making a Special Measures application to the court taking into account any views expressed by the victim and record the outcome of that consideration.

CHAPTER 5 — Trial/Summary Hearing

General

266

The relevant service providers below must ensure that they provide the entitlements in Part 3, Chapter 4 and Part 4, Chapter 4 which fall to them (child victims are automatically eligible for enhanced services under this Code).

Summary Hearing

267

The Commanding Officer must:

(1) ensure that victims and any family members with permission to accompany them can enter and leave the premises in which the Summary Hearing is being held through a different entrance and are seated in a separate waiting area from the accused where possible;

(2) ensure that, where circumstances permit, the Commanding Officer’s discipline staff meet the victim and answer any questions posed about the Summary Hearing process and where possible provide an indication of how long the victim may have to wait before giving evidence;

(3) wherever possible, if there is a delay in proceedings on the day ensure that the Commanding Officer’s discipline staff provide an explanation to the victim and indicate how long they may have to wait;

(4) ensure that there is a Commanding Officer’s discipline staff contact point for victims so they can find out what is happening in their case whilst it is being heard.

268

The Commanding Officer must ensure that there are procedures in place for their discipline staff to take the victim’s contact details if they need to leave the building at any time, so the victim can be contacted if necessary.

269

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 by the accused is considered inappropriate or too aggressive.

After the Summary Hearing

270

The Victim Liaison Officer must notify victims of the outcome of the Summary Hearing without unreasonable delay and must direct victims to victim support services where appropriate and available[^f00073]. If the Service Police are acting as the main point of contact for the victim and agree with the Victim Liaison Officer to provide this information to victims instead, they must tell victims that they will do so. The notification of the outcome must include, where available, a brief summary of reasons for the decision concerned.

271

The unit must pay, without unreasonable delay, any expenses the Commanding Officer has decided are due to the victim after receiving the correctly completed claim form.

Service court trial

272

The Service Prosecuting Authority must:

(1) where circumstances permit, introduce themselves to victims, answer any questions they have on the court process and where possible indicate how long victims may have to wait before giving evidence;

(2) wherever possible, explain any delay in proceedings and tell the victim how long the wait is likely to be.

273

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 in all the circumstances of the case to be inappropriate or aggressive.

274

Military Court Service staff must ensure that:

(1) any Special Measures required by the victim are available if the court has ordered them;

(2) victims and any family members who are attending court can enter the court through a different entrance and are seated in a separate waiting area from the suspect and their family and friends where possible;

(3) there is a contact point for victims so they can find out what is happening in their case whilst it is being heard in court.

275

Military Court Service staff must also ensure wherever possible that contact details for all victims who are witnesses are taken so they are able to leave the court precincts and be contacted when necessary.

After the trial

276

The Service Prosecuting Authority or the Victim Liaison Officer must notify victims of the outcome of the trial hearing without unreasonable delay and must direct victims to victim support services where appropriate and available[^f00074]. If the Service Police are acting as the main point of contact for the victim and agree with the Service Prosecuting Authority and Victim Liaison Officer to provide this information to victims instead, they must tell victims that they will do so. The notification of the outcome must include, where available, a brief summary of reasons for the decision concerned.

277

The Military Court Service must pay any expenses, without unreasonable delay, which the Military Court Service has decided are due to the victim after receiving the correctly completed claim form.

CHAPTER 6 — Sentencing information following Summary Hearing or trial

General

278

The Victim Liaison Officer and the Service Prosecuting Authority must ensure that they provide the entitlements in Part 3, Chapter 5 and Part 4, Chapter 5 which fall to them (child victims are automatically eligible for enhanced services under this Code). In some cases, the Service Police might act as the main point of contact for the victim and agree with the Victim Liaison Officer or Service Prosecuting Authority to provide the information in this section to victims instead. The Service Police must tell victims if this is the case.

Sentence

279

The Victim Liaison Officer must notify victims of the sentence given to the suspect if convicted without unreasonable delay. This must include a short explanation about the meaning and effect of the sentence.

280

If the Victim Liaison Officer cannot answer the questions asked by the victim, they should refer the victim to the Service Prosecuting Authority.

281

Where a suspect is convicted the Service Prosecuting Authority must respond to any question the victim has about the sentence if the victim is referred to the Service Prosecuting Authority by the Victim Liaison Officer.

CHAPTER 7 — Appeals

General

282

The relevant service providers below must ensure that they provide the entitlements in Part 3, Chapter 6 and Part 4, Chapter 6 which fall to them (child victims are automatically eligible for enhanced services under this Code). In some cases, the Service Police might act as the main point of contact for the victim and agree with the Victim Liaison Officer to provide the relevant information to victims instead. The Service Police must tell victims 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

283

The Victim Liaison Officer must ensure that they notify the victim of an appeal against conviction or sentence, and of the outcome of the appeal. The Victim Liaison Officer must notify the victim about these developments, without unreasonable delay, including:

(1) the date, time and location of any hearings; and

(2) the outcome of the appeal, including any changes to the original sentence.

284

Where an appeal is made the Military Court Service must ensure wherever possible that:

(1) victims and any family members who are attending court can enter the court through a different entrance where possible;

(2) they provide a Military Court Service contact point for the victim during usual working hours;

(3) they provide appropriate waiting and seating facilities as set out in paragraph 115 of this Code, including separate facilities for victims and their family and friends where available.

285

As an appeal to the Summary Appeal Court involves a rehearing of the charge and/or punishment, the relevant entitlements set out elsewhere in the Code apply, including the relevant entitlements relating to Victim Personal Statements.

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

286

The Military Court Service must ensure that they notify the Victim Liaison Officer within 1 working day of receipt of an application to the Summary Appeal Court to have a case stated for the opinion of the High Court, and within 1 working day, of the outcome of that procedure. The Victim Liaison Officer must then notify the victim about these developments, without unreasonable delay, including:

(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.

287

Where an application is made the High Court staff must also ensure wherever possible that:

(1) victims and any family members who are attending court can enter the court through a different entrance from the suspect and their family and friends where possible;

(2) they provide a High Court staff contact point for the victim during usual working hours;

(3) they provide appropriate waiting and seating facilities as set out in paragraph 118, including separate facilities for victims and their family and friends where available.

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

288

The Military Court Service must ensure that they notify the Victim Liaison Officer within 1 working day of receipt of an appeal against conviction or sentence, and within 1 working day of the outcome of the appeal. The Victim Liaison Officer must then notify the victim about these developments without unreasonable delay including:

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

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

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

289

Where an appeal is made the Military Court Service must also ensure wherever possible that:

(1) victims and family members who are attending court can enter the court through a different entrance from the suspect and their family and friends where possible;

(2) they provide a Military Court Service contact point for the victim during the usual working hours;

(3) they provide appropriate waiting and seating facilities as set out in paragraph 120 of this Code, including separate facilities for victims and their family and friends where available.

290

As an appeal to the Court Martial from the Service Civilian Court involves a rehearing of the charge and/or sentence, the relevant entitlements set out elsewhere in the Code apply, including the relevant entitlements relating to Victim Personal Statements.

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

291

The Service Prosecuting Authority must provide details of the Victim Liaison Officer’s identity and contact details to Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court within 2 working days of being supplied with a copy of Form 1. If any relevant issues arise, the Service Prosecuting Authority must also provide details of an alternative Victim Liaison Officer to Her Majesty’s Courts and Tribunal Service staff within 5 working days of receipt of a request to do so. The Service Prosecuting Authority must provide details of the Victim Liaison Officer’s identity and contact details to the UK Supreme Court within 5 working days of receipt of a request to do so.

292

Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court and UK Supreme Court must ensure, wherever possible, that they notify the Victim Liaison Officer at the same time as notifying the appellant when leave to appeal is granted, when a date and time has been set for a hearing or a change is made to a hearing date and when the outcome of the appeal is known.

293

Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court must also notify the Victim Liaison Officer of the decision to release an appellant on bail pre-appeal without unnecessary delay.

294

After receiving information from the Court Martial Appeal Court staff that an appellant is to be released on bail pre-appeal, or that bail conditions have been varied, in cases where there is a danger or an identified risk of harm to the victim, the Victim Liaison Officer must inform victims and the Military Corrective Training Centre Armed Forces Victim Contact Scheme of this without unnecessary delay[^f00075].

295

On receiving the relevant information from Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court or UK Supreme Court, the Victim Liaison Officer must inform victims, without unreasonable delay, and the Military Corrective Training Centre Armed Forces Victim Contact Scheme contact where relevant[^f00076] of the following information:

(1) that leave to appeal has been granted and a hearing in designated form will occur;

(2) a contact point for the victim during usual working hours during the hearing;

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

296

On receiving information from Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court, or UK Supreme Court about the time, date and location of any hearing or any changes to hearing dates, the Victim Liaison Officer must inform victims and, where the accused was sentenced to imprisonment or a sentence of Service detention, the Military Corrective Training Centre Armed Forces Victim Contact Scheme contact without unreasonable delay.

297

Her Majesty’s Courts and Tribunal Service staff in the Court Martial Appeal Court and UK Supreme Court must also ensure that:

(1) victims and any family members who are attending court can enter the court through a different entrance from the suspect and their family and friends where possible;

(2) they provide appropriate waiting and seating facilities as set out in paragraph 122, including separate facilities for victims and their close relatives where available;

(3) they provide a victim in the case or their family spokesperson with a copy of the court’s approved and published judgment when requested.

298

The Victim Liaison Officer must provide the Service Prosecuting Authority, the Commanding Officer and the Service Police with their contact details. In addition, they must notify the Service Prosecuting Authority, the Commanding Officer and the Service Police of any changes to this information.

299

The Service Prosecuting Authority must inform the Victim Liaison Officer in a timely manner if the victim has the opportunity to make a new or further VPS in the appeal process. The Victim Liaison Officer must inform the victim of this opportunity without unreasonable delay of being provided with the information.

CHAPTER 8 — Post-trial

General

300

The relevant service providers below must ensure that they provide the entitlements in Part 3, Chapter 7 and Part 4, Chapter 7 which fall to them (child victims are automatically eligible for enhanced services under this Code).

Criminal Cases Review Commission

301

When undertaking a review, the Criminal Cases Review Commission must assess the potential impact on the victim and decide if they should be notified of that review. The Commission must record the reasons for its decisions as to the form of contact with the victim and in appropriate cases will notify the Service Police of those if their assistance in contacting the victim is required.

302

The Commission is obliged to notify the victim if it deems there is a reasonable prospect of a review coming to the victim’s attention.

303

If the Commission decides that it is appropriate to contact the victim during the course of the review the Commission must notify the victim 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 must notify the victim of its decision unless they have expressly not to be informed.

304

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

Unwanted contact from offenders

305

The Commandant of the Military Corrective Training Centre must maintain a telephone contact number to ensure that victims have a number to ring if they receive unwanted contact from a person undergoing a sentence of Service detention.

306

If unwanted contact from an offender is reported to the Military Corrective Training Centre, they must:

(1) investigate the allegation;

(2) take appropriate administrative and/or disciplinary action.

The Armed Forces Victim Contact Scheme

307

Following a conviction for a criminal offence where the offender:

(1) receives a sentence of Service detention,

(2) receives a sentence of imprisonment of 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,

the Victim Liaison Officer is to notify the victim, including bereaved close relatives, of the Armed Forces Victim Contact Scheme.

308

The Victim Liaison Officer is to explain that the purposes 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, at the discretion of the Commandant of the Military Corrective Training Centre, such as parole, work placements, Short Term Temporary Release, Re-Integration Leave, Compassionate Leave, Community Work placements, and transfer to open conditions as well as release. The Victim Liaison Officer is to explain that if an entitled victim wishes to utilise this scheme they are to notify the Military Corrective Training Centre.

309

If an eligible victim chooses to take part in the Armed Forces Victim Contact Scheme, the Commandant of the Military Corrective Training Centre must carry out the duties set out in this paragraph. However, the victim is entitled to the information set out in this paragraph only where there is a danger or an identified risk of harm to them[^f00077]:

(1) assign a Military Corrective Training Centre Liaison Officer who will act as your point of contact for the scheme;

(2) ensure that information is provided to the victim without unnecessary delay about the offender’s short term temporary release, re-integration leave, compassionate leave, transfer to open conditions, release on licence, community work placements or final release. The detail of the information provided is subject to the discretion of the Commandant of the Military Corrective Training Centre and information should not be provided in cases where there is an identified risk of harm to the offender which would result from the notification;

(3) ensure that the victim is informed without unnecessary delay about any orders or conditions which an offender is subject to on unsupervised release which relate to the victim or the victim’s family. For example, this could include an order or condition to prevent the offender from contacting the victim;

(4) ensure that the victim is informed without unnecessary delay of material changes made to any such orders or conditions and when these orders or conditions will end;

(5) ensure that the victim is 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.

310

The Commandant of the Military Corrective Training Centre will usually offer the parent, guardian or carer of a victim who is under 18, a vulnerable adult, or a victim who is otherwise unable to fully participate in the Armed Forces Victim Contact Scheme, participation on the victim’s 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.

311

In the event of a suspect escaping from Service custody the Commandant of the Military Corrective Training Centre must, without unnecessary delay, notify the Service Police.

Civilian victim contact scheme - Scotland

312

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 Commandant of the Military Corrective Training Centre must ensure that the contact details for the Scottish victim contact system are provided to victims on request.

CHAPTER 9 — Complaints

Complaints

313

Service providers must ensure that they provide the entitlements in Part 3, Chapter 8 and Part 4, Chapter 8 when they receive a complaint, recognising and treating victims in a respectful, sensitive and professional manner without discrimination of any kind.

314

All service providers must have a clearly identified complaints process through which victims can complain if their entitlements as set out under the Code have not been met.

315

Service providers must provide either an acknowledgement or response to the victim within 10 working days of receipt of their complaint. Where an acknowledgement is provided, it must clearly set out the internal complaints process of that service provider, including timeframes for sending a substantive response to the complaint where appropriate. Service providers must provide clear contact details at both a local and, where appropriate, a national level for victims in case of enquiries or complaints and communicate these to the victim on request.

316

Where a service provider (the initial provider) receives a complaint which should have been sent to a different service provider, the initial provider will use its best endeavours to ensure that the complaint is directed to the appropriate service provider to respond. Where the service provider is Her Majesty’s Courts and Tribunal Service or the UK Supreme Court, they will forward the complaint to the Victim Liaison Officer for them to identify the relevant service provider.

317

The service provider must provide a full and timely response which informs victims of the outcome of their complaint. The response must be provided in an accessible language and format.

CHAPTER 10 — Transfer to civilian jurisdiction

General

318

If at any time during proceeding the matter is turned over to the civil authorities, Service providers must advise the Victim to consult the applicable civilian procedures.

PART 6 — Definitions

Definitions

319

This Part provides an explanation of the key words or phrases found in this Code. You will also find a summary of all the Special Measures available and information about Registered Intermediaries at paragraph 1.15. In this Code—

“Accused” is a person who has been charged with having committed an offence;

“Acquittal” means a formal direction or finding that the accused is not guilty of the criminal charge;

“Adjournment” means the temporary suspension of the hearing of a case by order of the court or Commanding Officer;

“Advocate” is the person who represents the Service Prosecuting Authority or defendant in court;

“Appeal” is a legal process by which a case is brought before a higher court for review of the decision of a lower court;

“Bail (and bail conditions)” means the release of a suspect from custody, until his or her next appearance in court. This is sometimes subject to security being given and/or compliance with certain bail conditions, such as periodically reporting to a police station;

“Charge” means a formal accusation against a person(s) in the Service Justice System;

“Child” means any person below 18 years of age;

“Close Relatives” refers to the spouse, the partner, the relatives in direct line, the siblings and the dependants of the victim. Other family members, including guardians and carers, may be considered close relatives at the discretion of the service provider;

“Entitlement” means service(s) that are to be provided to victims of a criminal offence by the relevant service provider;

“Family Liaison Officer (FLO)” is a Service Policeman trained to work with bereaved families to secure their confidence and trust, to provide support and information about the investigation and support agencies, and to gather information which contributes to the investigation;

“First Contact” means this is the first meeting between the victim and the Service Police or the Commanding Officer’s investigation;

“Guardian in relation to a person under the age of 18” means a person who has for the time being the care of a person who is under the age of 18;

“Hate Crime” means any criminal offence that is motivated by hostility or prejudice based on the victim’s disability, race, religion or belief, sexual orientation or transgender identity;

“Licence conditions” means the conditions an offender must comply with if they are released from prison ‘on licence’. This means they will be supervised by Probation and will have to comply with certain conditions which are designed to protect the public, prevent reoffending and reintegrate the offender into the community;

“Meeting” means a meeting may be a face-to-face meeting or be made by telephone or audio-visual technology. The choice of method of meeting in a particular case is to be determined by the service provider;

“Needs assessment” means an evaluation carried out by service providers to determine the kind of support that a victim may needs following a crime. This process can also be used to identify any Special Measures that a victim might need if they are going to be giving evidence;

“Notifying/Informing a victim” means the posting of a letter, the making of a telephone call, a face-to-face meeting or the sending of an e-mail, fax, text message or any other communication method that the service provider considers is most appropriate;

“Offender” is the person who has been found guilty or proved of having committed the crime;

“National Probation Service” means the provider of probation and offender management services when offenders are released from prison. These services include rehabilitating offenders, reducing their risk, protecting the public, punishing offenders, and providing victim services;

“Place of the hearing” means the building or vessel in which the hearing takes place;

“Prosecutor” is the lawyer who presents the case against the suspect(s);

“Sentence” means the punishment given to a suspect found guilty by a Service court or a Commanding Officer;

“Service Courts” means the Court Martial, Summary Appeal Court, Service Civilian Court, and Court Martial Appeal Court;

“Service Custody Release Requirements” means requirements imposed by a Judge Advocate where necessary to secure the accused’s attendance at hearings, to secure that they do not commit an offence while released from custody, or interfere with witnesses, or obstruct the course of justice, or imposed for their own protection or, if aged under 17 for their own welfare or interests;

“Service Justice System” means the criminal justice and disciplinary system for the UK Armed Forces;

“Service Police” means the Royal Navy Police, the Royal Military Police, the Royal Air Force Police, or the tri-service serious crime unit;

“Service Prosecuting Authority” is the organisation responsible for prosecuting offences in the Service Courts. It is headed by the Director of Service Prosecutions;

“Service provider” means a person or organisation required to provide services under this Code, as specified in paragraphs 7 and 8 of this Code;

“Special Investigation Measures” means the various enhanced entitlements for victims in Service Police and Commanding Officers’ investigations. The full list with an explanation is included in paragraphs 49 to 52 of this Code;

“Special Measures” means the various measures that a court can order to assist vulnerable or intimidated witnesses to give their best evidence in court as set out under sections 16 to 30 of the Youth Justice and Criminal Evidence Act 1999. These measures include live video links, video-recorded statements, screens around the witness box and assistance with communication, including the use of an Intermediary. The full list with an explanation is included in paragraphs 53 and 54 of this Code;

“Summary Hearing” means the process heard before a Commanding Officer in less serious cases to determine whether the charge against the accused is proved;

“Suspect” means someone who the Police believe may have committed the crime;

“Trial” means the court process that determines whether someone who is accused of a crime is guilty;

“Tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;

“UK Supreme Court” means the highest appeal court in the United Kingdom;

“Victim Liaison Officer” is a persons appointed to keep the victim informed of various events through the Service justice process;

“Victim support services” are organisations providing emotional and practical support services to victims of crime;

“Witness Statement” means a written or video account by a witness of the facts and details of a crime or an incident;

“Working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971. For the purposes of calculating time periods under this Code the first “working day” is the first day after the decision or event.

Signed

Mark Lancaster — Parliamentary Under Secretary of State — Ministry of Defence — 21st October 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into operation the Armed Forces Code of Practice for Victims of Crime (“the Code”) set out in the Schedule, making provision as to the services to be provided to a victim of criminal conduct by service providers within the Armed Forces justice system, so as to give effect to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57-73).

The Code consists of six Parts. Part 1 provides an introduction, stating who is entitled to receive services under the Code and who is to provide those services. It also provides for interpretation and translation services to be made available for victims of crime where needed. Part 2 provides for certain categories of victims to receive enhanced services such as Special Measures. Further services for victims under the Code are set out in Part 3 for adults and Part 4 for persons under 18 years of age, while Part 5 sets out what service providers must do to ensure that those services are provided. Part 6 sets out definitions for the purposes of the Code.

Footnotes

[^f00001]: S.I. 2012/2752.

[^f00002]: Section 2(2) was amended by section 27(1)(a) and (b) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00003]: This Code implements relevant provisions of the EU Directive establishing minimum standards on the rights, support and protection of victims of crime (2012/29/EU);

[^f00004]: Legal persons (eg businesses) are not included in the definition of a victim.

[^f00005]: For the purposes of this Code ‘criminal offence’ means a Service offence (within the meaning of section 50 of the Armed Forces Act 2006) that is committed in, or is subject to Service justice criminal proceedings in, the European Union.

[^f00006]: See, however, paragraphs 16 to 18 of the Code.

[^f00007]: This may vary depending on a number of circumstances – see paragraphs 16 to 18 of Part 1 of the Code.

[^f00008]: Complaints made outside the European Union in respect of a crime which took place outside the European Union do not trigger entitlements under this Code.

[^f00009]: In a case, some criminal proceedings, such as interviews with victims, may take place outside the European Union, while other criminal proceedings, such as a trial, may take place in the European Union. The services set out in this Code will not apply to those criminal proceedings that take place outside the European Union.

[^f00010]: Unless your parent or guardian is under investigation or has been charged in connection with the crime or in the reasonable opinion of the service provider involved it is not in your best interests for your parent or guardian to receive such services.

[^f00011]: You are entitled to report the crime in a language you understand or with the necessary linguistic assistance if you don’t speak English.

[^f00012]: See paragraphs 15 to 21 of this Code.

[^f00013]: See paragraphs 16 to 18 of this Code.

[^f00014]: This is based on the criteria in section 16 of the Youth Justice and Criminal Evidence Act 1999 for the court to determine eligibility for Special Measures (see paragraphs 53 and 54 of this Code).

[^f00015]: This is based on the criteria in section 17 of the Youth Justice and Criminal Evidence Act 1999 by which the court determines eligibility for Special Measures (see paragraphs 53 to 54 of this Code).

[^f00016]: See paragraphs 15 to 21 of this Code.

[^f00017]: Information will be provided to your last known correspondence address or electronic contact details given by you to the service provider. In exceptional cases, for example due to the high number of victims involved in a case, information may be provided through the press, through an official website of the service provider or through a similar communication channel.

[^f00018]: See also paragraph 39 of this Code.

[^f00019]: See, however, paragraphs 16 to 18 of this Code.

[^f00020]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

[^f00021]: See, however, paragraphs 16 to 18 of this Code.

[^f00022]: In the case of a Summary Hearing, this may be done prior to the case summary and written evidence being provided to the accused.

[^f00023]: This refers to the powers to charge or direct charge exercisable by the Director of Service Prosecutions under Part 5 of the Armed Forces Act 2006.

[^f00024]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

[^f00025]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

[^f00026]: See paragraphs 16 to 18 of the introduction.

[^f00027]: See paragraphs 16 to 18 of this Code.

[^f00028]: See paragraphs 16 to 18 of the Introduction.

[^f00029]: See paragraphs 16 to 18 of the Introduction.

[^f00030]: See paragraphs 16 to 18 of the Introduction.

[^f00031]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

[^f00032]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

[^f00033]: See paragraphs 15 to 21 of this Code.

[^f00034]: See paragraphs 16 to 18 of this Code if you are not present in the United Kingdom.

[^f00035]: You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

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