In this article Criminal Barrister Quentin Hunt, an expert in the submission and pleading of Victim Right to Review applications, answers some of the most commonly answered questions about the Victim’s Right to Review (”VRR”) scheme.

What is the Victim’s Right to Review Scheme?

The VRR scheme allows victims of crime an opportunity to request a review of a decision to take no further action or not to prosecute a defendant who is accused of that crime.

What is the definition of a ‘Victim’?

Under the scheme, a victim is classed as “a person who has made an allegation that they have suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct”.

Who can ask for a Victim’s Right to Review? 

It is not only the victim themselves who can ask for a review, parents, or guardians of under 18s can request a review as well as close relatives of a victim whose death was caused by the criminal activity. If a victim is badly injured as a result of a crime than a family spokesperson can request a review on their behalf. Also, as legal entities, businesses can ask for a VRR through a nominated person. Lawyers acting for a victim can ask for a review on behalf of a victim as long as they have the requisite signed authority.

What decisions does the VRR scheme cover?

The technical terminology is ‘qualifying decisions’, these are decisions that have the effect of bringing the case to an end. These are decisions made by either the Police or the Crown Prosecution Service. They include decisions not to take proceedings or decisions where proceedings are effectively withdrawn or discontinued.

Who do I ask for a Victim’s Right to Review?

It depends whether the qualifying decision was made by the Police or the Crown Prosecution Service. If it was the CPS, then the request should be made to the VRR unit of the CPS charging area that made the decision. If it is the Police, then the request should be made to the Constabulary that made the decision.

Is there a time limit for requesting a review?

If the review is against the CPS, then the review should be requested within 10 days. This is extendable if there is good reason to a maximum of 3 months. Reviews against Police decisions are usually requested as soon as possible but no later than 3 months after the decision has been notified. The time limits are not set in stone but if a review is requested after 3 months there should be a fairly compelling reason why action was not taken sooner.

It is worth mentioning that some crimes can be time barred by statute and it is important to keep this in mind when considering when to request a review. 

What happens when I ask for a CPS victim’s right to review?

This usually forms 2 stages, firstly a local resolutions stage where the decision is reviewed by a prosecutor at the CPS area who is unconnected to the original case. If the decision is upheld, then the victim can ask for a second review to a prosecutor independent of that local CPS office.

What happens when I ask for a Police Victim’s Right to Review?

The victim has the right to have this decision reviewed independently by an Officer or Inspector or more senior rank in accordance with the ACPO National Policing Guidelines on Victim Right to Review.

When the crime is of a nature that is specialist, such as serious sexual assault or a crime against children, then the victim can ask that an appropriately trained officer with relevant experience and qualifications in this field conduct the review.

Is there a right to appeal a Victim’s Right to Review decision?

Once a final decision has been issued by either the Police or CPS then the only avenue of further appeal is by way of Judicial Review proceedings in the High Court. This can be both costly and lengthy and specialist legal advice should be sought before considering such a course of action.

Can I instruct a lawyer to conduct the VRR for me?

Yes, you can instruct a lawyer to assist in the drafting and submitting of a VRR request. This can often be of assistance by way of the lawyer being able to accurately quote relevant parts of statutory and judicial guidance on the underlying legal and procedural points that would form part of the review. A lawyer can help in many ways from discussions about the underlying evidence and procedure all the way thought to drafting and submitting a full review request on behalf of their client. There is no requirement to instruct a lawyer though and many people choose to submit VRRs themselves.

Quentin Hunt is a Criminal Barrister who is Victims Right to Review lawyer of 25 years’ experience. He has specialised in assisting victims get the justice they deserve since the inception of the VRR schemes and has an excellent track record. If you require assistance on dealing with the VRR scheme he can assist in a multitude of ways. You can contact Quentin for a free, no obligation conversation about your case.