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Home » Professionals » Legal Guidance » V to Z » Care and Treatment of Victims and Witnesses

Care and Treatment of Victims and Witnesses

Updated 31/01/08

Principle

The Crown Prosecution Service acts in the public interest and not just in the interests of any one individual. The interests of the victim are nonetheless important when deciding where the public interest lies and the CPS will take into account the consequences for the victim of the decision whether or not to prosecute and will consider any views expressed by the victim or victim's family.

This reflects the increasing importance attached to the role of the victim in the criminal justice system. The first significant acknowledgment of this at an international level was the European Convention on the Compensation of Victims of Crime in 1983. This was followed by the 1985 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

The CPS made a series of public commitments in its "Statement on the treatment of victims and witnesses by the Crown Prosecution Service" published in November 1993. Some of the principles set out in this statement form part of the current Victim's Code and Prosecutors Pledge. The principles continue to apply, although the Service has assumed a greater role in relation to victims and witnesses since the statement was published.

Following recommendations made by Sir Iain Glidewell in his review of the CPS in 1998 and similar recommendations in 1999 in Sir William Macpherson's report into the death of Stephen Lawrence, the CPS has assumed responsibility for communicating prosecution decisions direct to victims rather than via the police. The CPS will write to victims about any decision to drop or substantially alter a charge, giving as much detail as possible of the reasons for the decision. (Manual Of Guidance - Direct Communication with Victims, CPS on line)

The Human Rights Act 1998 requires public authorities to act in ways that are compatible with the human rights of victims and witnesses. They must be respected and balanced against those of the defendant, by the police, the CPS and the courts at all times throughout the court process.

Guidance

Review

If the evidence is sufficient to justify a prosecution, the interests of the victim are an important consideration when deciding whether a prosecution is needed in the public interest. Many of the factors in favour of prosecution set out in the Code For Crown Prosecutors including the seriousness of the offence, flow directly from the impact of the offence on the victim. The relationship between the interests of the victim and the wider public interest are dealt with in the Code (6.7)

In 2004 the Code for Crown Prosecutors was reviewed and reissued. The recommendations in both the Glidewell Review and the McPherson Report were taken in to account when the relationship between the victim and the public interest was considered.

The revised Code for Crown Prosecutors states

"The Crown Prosecution Service does not act for victims or the families of victims in the same way as solicitors act for their clients. Crown Prosecutors act on behalf of the public and not just in the interests of any particular individual. However, when considering the public interest, Crown Prosecutors should always take into account the consequences for the victim of whether or not to prosecute, and any views expressed by the victim or the victim's family".

For further guidance refer to the Attorney General's Guidelines on the Acceptance of Pleas and the prosecutor's role in the sentencing exercise at <Annex B>.

Direct Communication with Victims

The initiative has the following three key elements:

  • the CPS will communicate any decision to drop or substantially alter the charge direct to the victim rather than via the police;
  • as much detail as possible of the reasons for the decision will be given, bearing in mind that issues of a sensitive or confidential nature may restrict the amount of information that can properly be given;
  • if a further explanation is required, a meeting will be offered in cases involving a death, child abuse, sexual offences or racially/religiously aggravated offences or in any other case in which the reviewing lawyer considers it appropriate.

Basic Principles of Victim and Witness care

Each agency involved in the criminal justice system should, where relevant, ensure that victims and witnesses should:

  • be free of the burden of decisions relating to the offender;
  • receive timely information and explanation about the progress of their case, and have the opportunity to provide their own information about the case for use in the criminal justice process;
  • be protected in any way necessary;
  • receive compensation when appropriate;
  • receive respect, recognition and support;
  • have their fundamental human rights respected.

Victims Code and the Prosecutor's Pledge

This Code of Practice for Victims of Crime governs the services to be provided in England and Wales by certain organisations including the CPS to victims of criminal conduct which occurred in England and Wales. It is issued by the Home Secretary under section 32 of the Domestic Violence, Crime and Victims Act 2004.  Please see: refer to the Victims Code.

For the Prosecutors Pledge please refer to Annex C below.

Victim and Witnesses at Court

The CPS is committed to treating witnesses at court with respect and sensitivity. Whenever possible we should introduce ourselves and try to put nervous or vulnerable witnesses at ease and explain court procedures. We should keep all victims and witnesses informed about delays and ask for them to be released as soon as possible after giving evidence. We should tackle unfair and derogatory statements in mitigation and where necessary invite the court to hear evidence on issues raised by the defence.  Please see: refer to the Victims Code.

Victims, Witnesses and Others Requiring Special Treatment

A vulnerable or intimidated witness will be eligible for special measures under sections 16 to 33 of the Youth Justice and Criminal Evidence Act 1999. These range from giving evidence in chief by way of video to the use of screens. Once eligibility is established, prosecutors will have to consider whether or not any measure would be likely to improve the quality of the evidence given, and if so, which measure would be most appropriate. It is then for the court to consider whether a direction should be made, having regard to all the circumstances.

When considering whether to apply for a special measure; confirm the views of the witness as to the measure to be applied for; inform the witness of the measure that the court has directed; or explain to the witness why it is not appropriate to apply for a special measure prosecutors may hold a meeting with the witness.

Consideration should always be give to the use of appropriate bail conditions if there is a fear of attack, intimidation or harassment. In court there is provision for witnesses not to have to give their name and address in open court, and to give evidence from behind a screen. The CPS will make the appropriate application to the court.

Where a statement is made by a person who is unfit to attend court through fear, the police should notify the prosecutor. Consideration can then be given as to whether to make an application under the provisions of section 23 Criminal Justice Act 1988.

The CPS must be alive to the concerns and fears of all of those involved in the prosecution process. Witnesses will be given as much notice as possible of the date and time they are required to attend court

Priority will be accorded to preparing and listing cases involving child witnesses and those at risk of being intimidated.

People with special needs may include:

  • Children and young persons
  • The elderly and disabled;
  • Victims of sexual or serious abuse;
  • Victims of domestic violence;
  • Victims of racially motivated crime;
  • Witnesses who may have been intimidated;
  • Witnesses from abroad;
  • Professional and expert witnesses.

Cases Involving a Death

The CPS, on request will meet the family of someone killed as a result of a crime and explain its decision on prosecution. This meeting will be with a prosecutor of appropriate seniority and experience. In Areas operating the DCV initiative, a meeting will be offered in the letter to the victim explaining the decision.

In any case involving a death the CPS has a role to play in minimising the extra distress criminal proceedings are likely to cause to a victim's family and friends. The bereaved family are likely to be acutely concerned about any major decision taken in the case, e.g. to change the charge or accept a plea to an alternative or lesser charge, or to terminate the proceedings. (Manual Of Guidance - Direct Communication with Victims, CPS on line)

In cases involving a homicide charge (murder, manslaughter, familial homicide, fatal road traffic cases tried at the Crown Court) a Victim Focus meeting should be offered to the bereaved family. The purpose of the meeting is for the reviewing lawyer to introduce him/herself to the family, explain processes and procedures, deal with any questions the family may have and explain the purpose of a victim personal statement. (Full detail can be found in Victim Focus guidance)

Procedure

Obtaining Information

When you review a file always consider whether you have sufficient information:

  • to challenge a potentially unfair attack on a victim's or witnesses character;
  • to make a compensation claim for any loss or injury;
  • to decide whether a witness would benefit from a pre-court familiarisation visit
  • to identify a vulnerable witness or a witness with special needs.

If the information is missing the police should be asked to supply it.

Information to Victim about Court of Appeal Cases

In all cases the Criminal Appeal Office (CAO) will send a Victim Notification form direct to the relevant police force in order to inform the victim of:

  • The grant of bail;
  • The setting of a hearing date;
  • The result of the court hearing.

Copies of the forms are reproduced in the National Forms Register (National Form Register COAVN 1A, 1B, 1C and COAVN 2,3,and 4)

Subsequent Victim Notification forms will only be issued when:

  • the victim wishes to be advised; or
  • the case involves a death or sexual offence.

The success of the operation of this scheme depends on the police and courts using the unique reference number (URN) on the case papers so that the Court of Appeal can identify the relevant police force.

In cases where the URN is not shown on the case papers the Court of Appeal will send the Victim Notification Form to the appropriate CPS area. It is essential that the form be sent by fax to the relevant police force, followed by a hard copy. The Court of Appeal Office should be advised of the URN so that subsequent correspondence is sent directly to the police.

Complaints

We aim to deal with letters of complaint within three working days of receipt. If it is not possible to send a full reply within this time the letter will be acknowledged and a full reply will be sent within 10 working days. If the complainant is not satisfied by the reply that they receive, they can write to the Chief Crown Prosecutor for the Area who will carry out an independent review.

Annexes

Annex A

Summary Of The Attorney General's Guidelines On The Acceptance Of Pleas And The Prosecutor's Role In The Sentencing Exercise

1. These new Guidelines at <Annex B> develop and build on the foundations of the previous Attorney General's Guidelines on the Acceptance of Pleas (2000). The root and branch revision of the Guidelines now provide more detailed practical guidance for prosecutors particularly in relation to the sentencing hearing. The professions and senior judiciary have been consulted on the new Guidelines.

General

2. Whilst the Guidelines are self explanatory, the following paragraphs provide complementary guidance.

Specific to points in the Guidelines

Section A - Foreword

3. This section introduces the Guidelines and explains the focus and purpose of providing new guidance in key areas of the criminal process. It emphasises the role prosecutors play in protecting victims' interests and reminds prosecutors that where a case is not contested it is through the basis of the plea that the victim's voice is heard.

Section B - General Principles

4 The principles emphasise:

  • The read across to the Code for Crown Prosecutors
  • The need to engage with victims when considering accepting a plea at court;
  • The responsibilities of the prosecutor in the sentencing process
  • The duty to apply of prosecutors to apply to the court for appropriate ancillary orders.

1. Whilst these principles reflect responsibilities under the Code For Crown Prosecutors and The Farquharson Guidelines on the Role and Responsibilities of the Prosecution Advocate, the penultimate paragraph of the section is a further development of the prosecutor's role in the sentencing process.

The principle that "the prosecution advocate may also offer assistance to the court by making submissions as to the sentencing range" places greater onus on the prosecutor to be fully prepared to assist the court in arriving at the appropriate sentence. In doing so the prosecutor will be assisting the court in identifying a suitable range of sentencing options. It is not suggested that the prosecutor will or should be arguing for a specific sentence.

These principles are underpinned by the Prosecutors Pledge which provides more detailed guidance as to the method of delivery by the CPS.

Section C - The Basis Of Plea

The section provides detailed guidance on how prosecutors should approach offers of pleas building on current principles. The new Guidelines state:

  • Prosecutors must be careful not to agree a plea on a misleading or untrue set of facts;
  • That prosecutors should consider recording the basis of a plea in an agreed document which should then be lodged with the court;
  • That such a document should not contain personal mitigation;
  • Prosecutors should not concede the point where a defendant puts forward assertions of fact which are outside the scope of the prosecutor's knowledge: a typical example is the offender's state of mind; and
  • Instead prosecutors should invite sentences not to accept such mitigation without hearing from the offender on oath and to test the offenders account in cross examination.

Whilst the section draws heavily on current guidance the above factors provide a new emphasis.

Section D - Sentence Indication

10 The Guidelines reemphasise the guidance of the Court of Appeal (Criminal) Division in R -v- Goodyear (2005) EWCA 888.

11 Policy Directorate Minute of the 21 April 2005 and CPS Legal Guidance outline the implications and responsibilities for CPS prosecutors and should be read in conjunction with this section.

Section E - Pleas in Mitigation

12 This section again develops current guidance and underlines the Bar's Code of Conduct which provides for advance notice to be given of mitigation that may be derogatory to a persons character.

13 Prosecutors are reminded of the power to make an order under section 58 of the Criminal Procedure and Investigation Act 1996 to prevent media reporting where a defendant has been convicted of an offence and where there are substantial grounds for believing that an assertion made about a victim is false or irrelevant to sentence.

Annex B

Attorney General's Guidelines On The Acceptance Of Pleas And The Prosecutor's Role In The Sentencing Exercise

A Foreword

A1. Prosecutors have an important role in protecting the victim's interests in the criminal justice process, not least in the acceptance of pleas and the sentencing exercise. The basis of plea, particularly in a case that is not contested, is the vehicle through which the victim's voice is heard. Factual inaccuracies in pleas in mitigation cause distress and offence to victims, the families of victims and witnesses. This can take many forms but may be most acutely felt when the victim is dead and the family hears inaccurate assertions about the victim's character or lifestyle. Prosecution advocates are reminded that they are required to adhere to the standards set out in the Victim's Code and Prosecutors Pledge, which places the needs of the victim at the heart of the criminal justice process.

A2. The principle of fairness is central to the administration of justice. The implementation of Human Rights Act 1998 in October 2000 incorporated into domestic law the principle of fairness to the accused articulated in the European Convention on Human Rights. Accuracy and reasonableness of plea plays an important part in ensuring fairness both to the accused and to the victim.

A3. The Attorney General's Guidelines on the Acceptance of Pleas issued on December 7, 2000 highlighted the importance of transparency in the conduct of justice. The basis of plea agreed by the parties in a criminal trial is central to the sentencing process. An illogical or unsupported basis of plea can lead to the passing of an unduly lenient sentence and has a consequential effect where consideration arises as to whether to refer the sentence to the Court of Appeal under section 36 of the Criminal Justice Act 1988.

A4. These Guidelines, which expand upon and now replace the Guidelines issued on the 7 December 2000, give guidance on how prosecutors should meet these objectives of protection of victims' interests and of securing fairness and transparency in the process. They take into account the guidance issued by the Court of Appeal (Criminal) Division in R -v- Beswick [1996] 1 Cr.App.R. 343, R -v- Tolera [1999] 1 Cr.App.R. 25 and R v Underwood [2005] 1 Cr.App.R 178. They complement the Bar Council Guidance on Written Standards for the Conduct of Professional Work issued with the 7th edition of the Code of Conduct for the Bar of England and Wales and the Law Society's Professional Conduct Rules. When considering the acceptance of a guilty plea prosecution advocates are also reminded of the need to apply "The Farquharson Guidelines on The Role and Responsibilities of the Prosecution Advocate".

A5. The Guidelines should be followed by all prosecutors and those persons designated under section 7 of the Prosecution of Offences Act 1985 (designated caseworkers) and apply to prosecutions conducted in England and Wales.

B General Principles

B1. Justice in this jurisdiction, save in the most exceptional circumstances, is conducted in public. This includes the acceptance of pleas by the prosecution and sentencing.

B2. The Code for Crown Prosecutors governs the prosecutor's decision-making prior to the commencement of the trial hearing and sets out the circumstances in which pleas to a reduced number of charges, or less serious charges, can be accepted.

B3. When a case is listed for trial and the prosecution form the view that the appropriate course is to accept a plea before the proceedings commence or continue, or to offer no evidence on the indictment or any part of it, the prosecution should whenever practicable speak to the victim or the victim's family, so that the position can be explained. The views of the victim or the family may assist in informing the prosecutor's decision as to whether it is the public interest, as defined by the Code for Crown Prosecutors, to accept or reject the plea. The victim or victim's family should then be kept informed and decisions explained once they are made at court.

B4. The appropriate disposal of a criminal case after conviction is as much a part of the criminal justice process as the trial of guilt or innocence. The prosecution advocate represents the public interest, and should be ready to assist the court to reach its decision as to the appropriate sentence. This will include drawing the court's attention to:

  • any victim personal statement or other information available to the prosecution advocate as to the impact of the offence on the victim;
  • where appropriate, to any evidence of the impact of the offending on a community;
  • any statutory provisions relevant to the offender and the offences under consideration;
  • any relevant sentencing guidelines and guideline cases; and
  • the aggravating and mitigating factors of the offence under consideration;

The prosecution advocate may also offer assistance to the court by making submissions, in the light of all these factors, as to the appropriate sentencing range.

In all cases, it is the prosecution advocate's duty to apply for appropriate ancillary orders, such as anti-social behaviour orders and confiscation orders. When considering which ancillary orders to apply for, prosecution advocates must always have regard to the victim's needs, including the question of his or her future protection.

C. The Basis Of Plea

C1. The basis of a guilty plea must not be agreed on a misleading or untrue set of facts and must take proper account of the victim's interests. An illogical or insupportable basis of plea will inevitably result in the imposition of an inappropriate sentence and is capable of damaging public confidence in the criminal justice system.

C2. When the defendant indicates an acceptable plea, the defence advocate should reduce the basis of the plea to writing. This should be done in all cases save for those in which the issue is simple or where the defendant has indicated that the guilty plea has been or will be tendered on the basis of the prosecution case.

C3. The written basis of plea must be considered with great care, taking account of the position of any other relevant defendant where appropriate. The prosecution should not lend itself to any agreement whereby a case is presented to the sentencing judge on a misleading or untrue set of facts or on a basis that is detrimental to the victim's interests. There will be cases where a defendant seeks to mitigate on the basis of assertions of fact which are outside the scope of the prosecution's knowledge. A typical example concerns the defendant's state of mind. If a defendant wishes to be sentenced on this basis, the prosecution advocate should invite the judge not to accept the defendant's version unless he or she gives evidence on oath to be tested in cross-examination.

C4. The prosecution advocate should show the prosecuting authority any written record relating to the plea and agree with them the basis on which the case will be opened to the court.

C5. It is the responsibility of the prosecution advocate thereafter to ensure that the defence advocate is aware of the basis on which the plea is accepted by the prosecution and the way in which the prosecution case will be opened to the court.

C6. In all cases, to ensure clarity before the court the prosecution advocate should consider committing to writing the aggravating and mitigating factors that will form the opening of the prosecution case. Equally, the defence advocate should consider reducing to writing the mitigating factors relied upon on behalf of the accused. Where the issues are complex or there is scope for misunderstanding the prosecution advocate must commit to writing the aggravating and mitigating factors that will form the opening of the prosecution case. The basis of plea document is intended to deal only with the circumstances of the offence. Personal mitigation should not appear in it.

C7 When the prosecution advocate has agreed the written basis of plea submitted by the defence advocate, he or she should endorse the document accordingly. If the prosecution advocate takes issue with all or part of the written basis of plea, he or she should set out in writing what is accepted and what is rejected or not accepted. Where there is a dispute about a particular fact which the defence advocate believes to be effectively immaterial to the sentencing decision, the difference should be recorded so that the judge can make up his or her own mind. The signed original document should be made available to the trial judge and thereafter lodged with the court papers, as it will form part of the record of the hearing.

C8. Where a defendant declines to admit an offence that he or she previously indicated should be taken into consideration, the prosecution advocate should indicate to the defence advocate and the court that, subject to further review, the offence may now form the basis of a new prosecution.

C9. Where the basis of plea cannot be agreed and the discrepancy between the two accounts is such as to have a potentially significant effect on the level of sentence, it is the duty of the defence advocate so to inform the court before the sentencing process begins. There remains an overriding duty on the prosecution advocate to ensure that the sentencing judge is made aware of the discrepancy and of the consideration which must be given to the holding of a Newton hearing to resolve the issue. The court should be told where a derogatory reference to a victim, witness or third party is not accepted, even though there may be no effect on sentence.

C10. Whenever an agreement as to the basis of plea is made between the prosecution and defence, any such agreement will be subject to the approval of the trial judge, who may of his or her own motion disregard the agreement and direct that a Newton hearing should be held to determine the proper basis on which sentence should be passed.

D. Sentence Indications

D1. Only in the Crown Court may sentence indications be sought. Advocates there are reminded that indications as to sentence should not be sought from the trial judge unless issues between the prosecution and defence have been addressed and resolved. Therefore, in difficult or complicated cases, no less than seven days notice in writing of an intention to seek an indication should normally be given to the prosecution and the court. When deciding whether the circumstances of a case require such notice to be given, defence advocates are reminded that prosecutors should not agree a basis of plea unless and until the necessary consultation has taken place first with the victim and/or the victim's family and second, in the case of an independent prosecution advocate, with the prosecuting authority.

D2. If there is no final agreement about the plea to the indictment, or the basis of plea, and the defence nevertheless proceeds to seek an indication of sentence, which the judge appears minded to give, the prosecution advocate should remind him or her of the guidance given in R v Goodyear (Karl) [2005] EWCA 888 that normally speaking an indication of sentence should not be given until the basis of the plea has been agreed or the judge has concluded that he or she can properly deal with the case without the need for a trial of the issue.

D3. If an indication is sought, the prosecution advocate should normally enquire whether the judge is in possession of or has access to all the evidence relied on by the prosecution, including any victim personal statement, as well as any information about relevant previous convictions recorded against the defendant.

D4. Before the judge gives the indication, the prosecution advocate should draw the judge's attention to any minimum or mandatory statutory sentencing requirements. Where the prosecution advocate would be expected to offer the judge assistance with relevant guideline cases or the views of the Sentencing Guidelines Council, he or she should invite the judge to allow them to do so. Where it applies, the prosecution advocate should remind the judge that the position of the Attorney General to refer any sentencing decision as unduly lenient is unaffected. In any event, the prosecution advocate should not say anything which may create the impression that the sentence indication has the support or approval of the Crown.

E. Pleas In Mitigation

E1. The prosecution advocate must challenge any assertion by the defence in mitigation which is derogatory to a person's character, (for instance, because it suggests that his or her conduct is or has been criminal, immoral or improper) and which is either false or irrelevant to proper sentencing considerations. If the defence advocate persists in that assertion, the prosecution advocate should invite the court to consider holding a Newton hearing to determine the issue.

E2. The defence advocate must not submit in mitigation anything that is derogatory to a person's character without giving advance notice in writing so as to afford the prosecution advocate the opportunity to consider their position under paragraph E1. When the prosecution advocate is so notified they must take all reasonable steps to establish whether the assertions are true. Reasonable steps will include seeking the views of the victim. This will involve seeking the views of the victim's family if the victim is deceased, and the victim's parents or legal guardian where the victim is a child. Reasonable steps may also include seeking the views of the police or other law enforcement authority, as appropriate. An assertion which is derogatory to a person's character will rarely amount to mitigation unless it has a causal connection to the circumstances of the offence or is otherwise relevant to proper sentencing considerations.

E3. Where notice has not been given in accordance with paragraph E2, the prosecution advocate must not acquiesce in permitting mitigation which is derogatory to a person's character. In such circumstances, the prosecution advocate should draw the attention of the court to the failure to give advance notice and seek time, and if necessary, an adjournment to investigate the assertion in the same way as if proper notice had been given. Where, in the opinion of the prosecution advocate, there are substantial grounds for believing that such an assertion is false or irrelevant to sentence, he or she should inform the court of their opinion and invite the court to consider making an order under section 58(8) of the Criminal Procedure and Investigations Act 1996, preventing publication of the assertion.

E4. Where the prosecution advocate considers that the assertion is, if true, relevant to sentence, or the court has so indicated, he or she should seek time, and if necessary an adjournment, to establish whether the assertion is true. If the matter cannot be resolved to the satisfaction of the parties, the prosecution advocate should invite the court to consider holding a Newton hearing to determine the issue.

HER MAJESTY'S ATTORNEY GENERAL

Dated this day of October 2005

Attorney General's Chambers

9 Buckingham Gate

London SW1E 6JP

Annex C

The Prosecutors' Pledge

1. The Attorney General has introduced a ten point Pledge that articulates the level of service that victims can expect to receive from prosecutors. Annex D and Annex E. The Pledge underpins the new AG Guidelines on The Acceptance of Pleas and The Prosecutor's Role in the Sentencing Exercise

2. The formal introduction of the Pledge took place on 21 October 2005.

3. Conceptually, the introduction of the Pledge will see for the first time a document in the public domain that clearly outlines the level of service that victims can expect to receive from prosecutors. It should be emphasised that the ten point Pledge commitments are applicable to all prosecuting authorities and will also apply to advocates instructed by the prosecuting authorities in the Crown Court. In line with this approach the Attorney General has written to the leader of the Bar and President of the Law Society seeking their adherence with the Pledge commitments.

4. This guidance will now focus on how the CPS will deliver on its commitments and what this means for front line prosecutors.

General

5. In considering the delivery of the Pledge commitments, it will become immediately apparent that from the CPS perspective the Pledge is reflective of good practice and embraces many of our current initiatives. The Pledge also links seamlessly with the Charging Programme, No Witness No Justice and five of the commitments are undertakings and responsibilities that fall to the CPS under the newly introduced Code of Practice for Victims of Crime (Victim Code).

6. Areas will be aware that Victim Code will not be fully implemented until April 2006. However, BDD working with CPS Areas and OCJR through Local Criminal Justice Boards will be developing systems and mechanisms for delivery in advance of implementation. These measures will also assist the CPS to deliver on their commitments under the Pledge.

Specific to Points in the Pledge

7. The following guidance complements and develops the bullets in the document outlining delivery by the CPS at Annex F.

Take into account the impact on the victim or their family when making a charging decision.

8. Prosecutors working at a local level will need to encourage police to improve their performance in the taking of victim personal statements. Currently compliance is patchy across the country and this is of concern not only to victims' groups but also to the Home Office. At this moment in time the Home Office are reviewing procedures around the taking of victim personal statements with a view to improving the effectiveness of the initiative and driving up compliance. However, in the meantime, the CPS has an important role to play in ensuring that in appropriate cases the current system is followed and that victim personal statements are routinely available for consideration by prosecutors.

Inform the victim where the charge is withdrawn, discontinued or substantially altered.

9. This is the first Pledge commitment that is subject also to undertakings within the newly introduced Code of Practice for Victims of Crime. Guidance on the delivery of the Code commitments will also be applicable in ensuring compliance with the Pledge.

Where practical seek a victim's view or that of the family when considering the acceptability of a plea.

10. It will be seen that this commitment reflects and underlines our responsibility under Section 10 of the Code for Crown Prosecutors and is also reflective of Section 6 of the Farquharson Guidelines on the Role and Responsibilities of the Prosecution Advocate. The key to this commitment is "where practical" and, therefore, it is not proposed to routinely adjourn cases in order to take the views of the victim or the bereaved where they are not at court. However there will be occasions where it will be appropriate to adjourn a case but this is very much at the discretion of the prosecutor and the Pledge commitment places no higher responsibility on a prosecutor than that currently under the Code for Crown Prosecutors, or Farquharson Guidelines.

Address the specific needs of a victim and where justified seek to protect their identity by making an appropriate application to the court.

11. This commitment re-emphasises and underlines the need for prosecutors working with police to identify where special measures are required for a witness who is considered vulnerable or intimidated. Again there is a commitment also reflected under the Code of Practice for Victims of Crime and emphasises the importance and the need for early identification of a witness requiring special measures and the expediting of applications thereafter.

12. The protection of a witness's identity is perhaps the most difficult aspect of this particular commitment. Currently there is no statutory exception and, where considered appropriate, prosecutors will need to exercise their discretion and follow the principles articulated in R [AL Fawwaz] -v- Governor of Brixton Prison 2002 1AC556 HL. The House of Lords guidance is helpful but again it has been emphasised to the media that it will be very rare for applications to be made by prosecutors before courts.

13. Issues around reporting restrictions will be well known to prosecutors, although applications under section 58 of the CPIA 1996 would appear to be a rare event. Prosecutors need to remind themselves of this section and ensure that where appropriate applications are made.

Assist victims at court to refresh their memory from their written or video statement and answer their questions on court procedure and process.

14. This Pledge commitment is also reflected under the Code of Practice for Victims of Crime. It is reflective of good practice and, whilst it may not always be possible for the prosecutor to assist a victim to refresh their memory either from the video or written statement, it will be sufficient for compliance purposes for the prosecutor to ensure that either the caseworker or police undertake the task.

Promote and encourage two way communications between victim and prosecutor at court.

15. Communication between the victim and prosecutor at court is an area where the CPS has received some criticism from victims groups. Many believe that whilst prosecutors may keep victims informed, the conduit for passing information between the victim and the prosecutor at court is often compromised leaving victims frustrated. In saying this it is immediately accepted that there will be many occasions where the point that a victim wishes to raise may be irrelevant to the matter before the court or inadmissible. However, it will be understood that the point will be of concern to the victim and, therefore, the prosecutor or caseworker would need to explain why it is that the matter may not be raised in court.

16. It will be seen that mention is made of a new Bar/CPS Standard to improve communications between the victim and the prosecutor at court. This document is in the final stages of consultation with the Bar but will re-emphasise the Pledge commitment and provide more detailed guidance as to how and in what circumstances prosecutors should engage with victims and witnesses at court.

Protect victims from unwarranted or irrelevant attacks on their character and seek the courts intervention where cross-examination is considered to be inappropriate or oppressive.

17. The protection of victims whilst giving their evidence is, again, a matter of some concern to many victim groups. It is immediately accepted that rigorous and merited cross-examination may well be appropriate in a given case but perceived by a victim to be inappropriate, unfair or oppressive. It is always a matter for the court as to whether a judge steps in to prevent such cross-examination but prosecutors have a role to play and should remind courts where they believe that the guidance contained in the Bar Code of Conduct is breached or where the nature of the cross-examination appears to be oppressive.

18. Mention is also made under this section of the guidance contained in the JSB Equal Treatment Bench Book. This document, available on the JSB website, provides helpful guidance to prosecutors on equality issues that may present themselves when a victim is giving evidence. Where appropriate, judges may again be reminded of its content and guidance.

On conviction, robustly challenge defence mitigation which is derogatory to a victim's character.

19. It is important that prosecutors are pro-active in robustly challenging derogatory mitigation. The new section contained at 11.2 of the Code for Crown Prosecutors is mutually supportive of the Pledge commitment.

On conviction, apply for appropriate order for compensation, restitution or future protection of the victim.

20. Prosecutors will be aware that there is a multiplicity of ancillary orders that are available to courts. This particular commitment focuses on the need to ensure that the appropriate ancillary order is made particularly where it relates to compensation, restitution or future protection of the victim on conviction.

21. When conducting review prosecutors should ensure that the necessary information to support compensation or other such order is on the file and the appropriate application is made to the court.

22. Prosecutors will note the reference to restraining orders under the Protection of Harassment Act 1997. The Act provides that on conviction for an offence of harassment the court has the power to make a restraining order to protect the victim. Legislation is in the pipeline to extend the court's power to consider a restraining order on the conviction or acquittal for any offence. It is not known when this particular provision will be implemented. The prosecutor's role under the Act is to remind the court of the power to make such an order.

23. Similarly, in appropriate circumstances prosecutors will be aware of the court's' ability to make a stand-alone anti-social behaviour order.

Keep victims informed of the progress of any appeal, and explain the effect of the courts' judgement.

24. It is always a concern where a victim hears an appeal through the media. It is no coincidence that the Code of Practice for Victims of Crime places responsibility on the prosecutor for ensuring that victims are aware of appeals and the result thereof. In respect of the CPS, this commitment falls to the jointly staffed CPS and police Witness Care Units. It will, of course, be important for prosecutors to ensure that the Witness Care Units are advised when a Notice of Appeal is received and are also contacted immediately the judgement of the court is passed.

25. The Code of Practice for Victims of Crime also places a responsibility on the prosecutor for explaining to a victim any questions they may have around the sentence of the court. This, again, is an important responsibility as the technical nature of sentences may not always be transparent as far as the victim is concerned.

Supplementary Matters

26. Whilst the Bar have been informed of this initiative it will be important to ensure that they are aware and comply at a local level. It is suggested that until such time as the standard instructions are amended that Areas place a copy of the Pledge at Annex D with the brief.

Annex D

Simple Guidelines

The Prosecutors' Pledge

Where there is an identifiable victim the prosecutor will:

  • Take into account the impact on the victim or their family when making a charging decision.
  • Inform the victim where the charge is withdrawn, discontinued or substantially altered.
  • Where practical, seek a victim's view or that of the family when considering the acceptability of a plea.
  • Address the specific needs of a victim and where justified seek to protect their identity by making an appropriate application to the court.
  • Assist victims at court to refresh their memory from their written or video statement and answer their questions on court procedure and processes.
  • Promote and encourage two way communications between victim and prosecutor at court. .
  • Protect victims from unwarranted or irrelevant attacks on their character and may seek the courts intervention where cross examination is considered to be inappropriate or oppressive.
  • On conviction, robustly challenge defence mitigation which is derogatory to a victims character.
  • On conviction apply for appropriate order for compensation, restitution or future protection of the victim.
  • Keep victims informed of the progress of any appeal, and explain the effect of the courts judgement.

Annex E

Extended Guidelines

The Prosecutors' Pledge

Where there is an identifiable victim the prosecutor will:

  • Take into account the impact on the victim or their family when making a charging decision.

    In doing so the prosecutor will listen to the voice of the victim through their witness and victim personal statement and ensure that the charge adequately reflects the criminality of the offending.

  • Inform the victim where the charge is withdrawn, discontinued or substantially altered.

    Including the upgrading or downgrading of charge and in defined categories of offence the prosecutor will offer a face to face meeting with the victim to explain the decision.

  • Where practical, seek a victim's view or that of the family when considering the acceptability of a plea.

    When a plea of guilty is offered the prosecutor, wherever practical, will speak with the victim or victim's family attending court to ensure that any views expressed are taken into account when considering the acceptability of the plea. In order to do so it may be necessary to seek an adjournment to facilitate such discussion.

  • Address the specific needs of a victim and where justified seek to protect their identity by making an appropriate application to the court.

    The prosecutor will be assisted in forming their judgment by the police or other investigative authority and where appropriate will make an application for "special measures" to ensure that victims are able to give "best evidence" before the court. In appropriate circumstances the prosecutor may also make an application to protect the identity of the victim or prevent inappropriate reporting in the media.

  • Assist victims at court to refresh their memory from their written or video statement and answer their questions on court procedure and processes.

    The prosecutor will introduce themselves to a victim at court and whilst not permitted to discuss their evidence will answer any questions on court procedure and processes. The prosecutor will also provide the victim with an opportunity to read their statement or see their video taped statement before giving evidence.

  • Promote and encourage two way communications between victim and prosecutor at court. .

    The prosecutor will ensure that during the course of the court hearing the victim is kept informed of the progress of the case and will promote two way communication to enable a victim or their family to pass to the prosecutor any information that may assist in the conduct of the prosecution or have a bearing on an assertion made by the defence.

  • Protect victims from unwarranted or irrelevant attacks on their character and may seek the courts intervention where cross examination is considered to be inappropriate or oppressive.

    The prosecutor will be alert during the course of the trial to unwarranted or irrelevant attacks on the victim's character and may seek the courts intervention where, for example, the prosecutor considers that cross examination by the defence is inappropriate or oppressive.

  • On conviction, robustly challenge defence mitigation which is derogatory to a victims character.

    At the sentencing stage, the prosecutor will challenge any assertion by the defence in mitigation which is derogatory to a victim's character and which is considered either false or irrelevant to proper sentencing considerations.

  • On conviction, apply for appropriate order for compensation, restitution or future protection of the victim.

    The prosecutor will always consider making any relevant application for ancillary orders such as compensation or restitution and where appropriate and justified on the evidence encourage the court to impose a restraining order for the future protection of the victim.

  • Keep victims informed of the progress of any appeal, and explain the effect of the courts judgement.

    Where a case is the subject of an appeal to the Court of Appeal (Criminal) Division the prosecutor will ensure that the victim or victim's family are advised of the hearing and that the grounds on which the appeal is made and the effect of the courts judgement are properly explained.

Annex F

Delivery by CPS

The Prosecutors' Pledge

The Crown Prosecution Service will:

  • Take into account the impact on the victim or their family when making a charging decision.

    In doing so the prosecutor will listen to the voice of the victim through their witness and victim personal statement and ensure that the charge adequately reflects the criminality of the offending.

    • Consider the impact on the victim as part of the public interest considerations applying strictly the Code for Crown Prosecutors when reviewing a case.

    • Build robust cases and improve the quality of victim personal statements, working closely with police locally.

    • Listen to and understand the impact of offending on the wider community through wider community engagement initiatives.
  • Inform the victim where the charge is withdrawn, discontinued or substantially altered.

    Including the upgrading or downgrading of charge and in defined categories of offence the prosecutor will offer a face to face meeting with the victim to explain the decision.

    • Where the victim is vulnerable or intimidated communicate the decision within 1 working day and, for all other victims, within 5 working days in compliance with 7.3 and 7.4 of the Code of Practice For Victims of Crime.

    • For offences of murder, manslaughter, death by dangerous or careless driving, child abuse, sexual offences, racially and religiously aggravated offences or those with a homophobic or transphobic element always; offer to meet the victim in compliance with 7.6 and 7.7 of the Code of Practice For Victims of Crime.

    • Where the charge relates to a death in custody, always ensure that the published criteria and procedures applying to such cases are followed.
  • Where practical seek a victim's view or that of the family when considering the acceptability of a plea.

    When a plea of guilty is offered the prosecutor, wherever practical, will speak with the victim or victim's family attending court to ensure that any views expressed are taken into account when considering the acceptability of the plea. The prosecution will, if necessary, seek an adjournment to facilitate such discussion.

    • Apply the procedure under section 10 of the Code for Crown Prosecutors; section 6 of the Farquharson Guidelines on the Role and Responsibility of the Prosecution Advocate and Section C1 of the AG Guidelines on the Acceptance of Pleas and the Prosecution Role in the Sentencing Exercise 2005.
  • Address the specific needs of a victim and where justified seek to protect their identity by making an appropriate application to the court.

    The prosecutor will be assisted in forming their judgment by the police or other investigative authority and where appropriate will make an application for "special measures" to ensure that victims are able to give "best evidence" before the court. In appropriate circumstances the prosecutor may also make an application to protect the identity of the victim or prevent inappropriate reporting in the media.

    • Ensure that any recommendations identified by police on the "Witness Needs Assessment Form" are actioned.

    • Ensure that victims are referred to the Witness Service in order that they may be assisted in their preparation to appear before the court.

    • Where the victim is vulnerable or intimidated ensure that an application is made for the appropriate "special measures" to meet the identified needs of the victim. (Section with 7.8 of the The Code of Practice for Victims of Crime).

    • Save for those offences where the anonymity of the victim is protected by statute; in exceptional circumstances and where justified, make an application to the court to protect the identity of the victim. In doing a prosecutor will have due regard to the factors in R [Al-Fawwaz] -v- Governor of Brixton Prison 2002 1 AC556 HL.

    • Save for any reporting restrictions that may apply during trial; consider making an application under section 58(7) or 58(8) of the CPIA 1996 to prevent media reporting where a defendant has been convicted of an offence and where there are substantial grounds for believing that an assertion made about a victim is false or irrelevant to sentence.
  • Assist victims at court to refresh their memory from their written or video statement and answer their questions on court procedure and processes.

    The prosecutor will introduce themselves to a victim at court and whilst not permitted to discuss their evidence, answer any questions on court procedure and processes. The prosecutor will also provide the victim with an opportunity to read their statement or see their video taped statement before giving evidence and:

    • Introduce themselves to victims at court; answer any questions on procedure and provide an indication of how long they may have to wait before giving evidence. (Section 7.9 of The Code of Practice for Victims of Crime).

    • Comply with any other requirement under the professional Codes of Conduct concerning contact with victims at court eg para 6.1.4 Written Standards for the Conduct of Professional Work, Bar Code of Conduct.

    • [Apply the Bar/CPS Standard on improving communication between victim and prosecutor at court.

    • Work with the local Bar to monitor compliance of the Standard.]
  • Promote and encourage two way communications between victim and prosecutor at court.

    The prosecutor will ensure that during the course of the court hearing the victim is kept informed of the progress of the case and will promote two way communication to enable a victim or their family to pass to the prosecutor any information that may assist in the conduct of the prosecution or have a bearing on an assertion made by the defence.

    • Wherever possible explain the reason for any delay to a victim giving evidence and wherever possible tell the victim how long the wait is likely to be. (Section 7.10 of the Code of Practice for Victims of Crime).

    • [Apply the Bar/CPS Standard on improving communication between the victim and prosecutor at court.

    • Work with the local Bar to monitor compliance of the Standard.]
  • Protect victims from unwarranted or irrelevant attacks on their character and may seek the courts intervention where cross examination is considered to be inappropriate or oppressive.

    The prosecutor will be alert during the course of the trial to unwarranted or irrelevant attacks on the victim's character and may seek the courts intervention where, for example, the prosecutor considers that cross examination by the defence is inappropriate or oppressive.

    • In seeking the courts intervention be mindful of:

      a) para 708(g) of PtV11 Conduct of Work By Practising Barristers, Bar Code of Conduct concerning statements or questions which are "merely scandalous or intended or calculated only to vilify or annoy": and or

      b) para 708(j) cross examination that suggests or contains a defamatory aspersion on the conduct of a person that does not go to a matter in issue and is not supported by "reasonable grounds".

    • Apply section E of the AG Guidelines on the Acceptance of Plea and the Prosecution Role in the Sentencing Exercise 2005.

    • Remind the court, where appropriate, of the guidance contained in the JSB Equal Treatment Bench Book.
  • On conviction, robustly challenge defence mitigation which is derogatory to a victim's character.

    At the sentencing stage, the prosecutor will challenge any assertion by the defence in mitigation which is derogatory to a victim's character and which is considered either false or irrelevant to proper sentencing considerations.

    • Apply section 11.2 of the Code for Crown Prosecutors and follow the guidance under section E of the AG Guidelines on the Acceptance of Pleas and the Prosecution Role in the Sentencing Exercise 2005.

    • Be mindful of para 708(i) of PtV11 Conduct of Work By Practicing Barristers, Bar Code of Conduct that forbids an assertion in a speech that impugns a witness who has not been cross examined or who has not been given an opportunity to answer the allegation.
  • On conviction, apply for appropriate order for compensation, restitution or future protection of the victim.

    The prosecutor will always consider making any relevant application for ancillary orders such as compensation or restitution and where appropriate and justified on the evidence encourage the court to impose a restraining order for the future protection of the victim.

    • Ensure that prosecutors receive the appropriate training and guidance as to the range of ancillary orders that are available and in what circumstances they may be used.

    • Ensure that when reviewing a case that the file includes the necessary information in order that a prosecutor may make an informed application for compensation or restitution at the court hearing.

    • Ensure that the court is aware of any representation made by a victim through a Victim Personal Statement that might suggest a suitable or appropriate ancillary order.

    • Ensure that where appropriate the court are reminded and encouraged to use their powers to make a restraining order under the Protection of Harassment Act 1997.

    • Apply for an Anti Social Behaviour Order under the provisions of the Crime and Disorder Act 1998 amended by the Anti-Social Behaviour Act 2003 on conviction and in appropriate circumstances.
  • Keep victims informed of the progress of any appeal, and explain the effect of the courts judgement.

    Where a case is the subject of an appeal to the Court of Appeal (Criminal) Division the prosecutor will ensure that the victim or victim's family are advised of the hearing and that the grounds on which the appeal is made and the effect of the courts judgement are properly explained.

    • Deliver the commitment through the jointly staffed CPS and police Witness Care Unit (WCU). In doing so the WCU will comply with para 6.12 of The Code of Practice for Victims of Crime and notify a vulnerable or intimidated victim of an appeal within 1 working day after receipt of notice that leave to appeal has been granted and notify all other victims within 5 working days.

    • Deliver the commitment through the jointly staffed CPS and police Witness Care Unit.(WCU). In doing so the WCU will comply with para 6.13 of The Code of Practice for Victims of Crime and notify a vulnerable or intimidated victim of the result of an appeal within 1 working day after notification and notify all other victims within 4 working days.

    • Where a victim is referred to the CPS by the Witness Care Unit answer any questions about the sentence of the court. (Section 7.12 of The Code of Practice for Victims of Crime).

Note

Text in square brackets refers to a new Bar/CPS Standard on Communication with Victims At Court. This initiative is in the final stages of consultation and The Standard will be issued over the next few months.

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