Victims Right to Review Scheme: A Guide

The Victims Right to Review: A Guide

If the decision to take no further action against you is made by police following an investigation of an offence, you may be left feeling in doubt about your future if you are aware of the Victims Right to Review scheme (VRR). Introduced in England and Wales on 5th June 2013 the scheme provides complainants of a crime to request a review of the decision made by the police or the Crown Prosecution Service (CPS) not to prosecute the accused after an investigation by police, or where court proceedings are terminated.

The right to request a review applies not only to the complainant of a crime, but also close family members of a person whose death was a result of the criminal offence, parents or guardians of a child where the complainant is under 18 years old, or a family spokesperson if the complainant has a disability or cannot communicate.

The right to request a review arises where the CPS:

makes a final decision not to bring proceedings; or
decides to discontinue or withdraw all charges involving the victim; or
offers no evidence in all proceedings relating to the victim; or
decides to leave all charges in the proceedings to “lie on file”

These are known as ‘qualifying decisions’ and are decisions that have the effect of being final.

Is there a time limit for the complainant to request a review?

A request for a review should ordinarily be made within 10 working days of the date of the decision letter. Requests may be submitted after 10 working days, although a delay may impact negatively on the outcome of the decision-making process. Requests made more than three months after the qualifying decision was communicated are unlikely to be accepted unless there are exceptional circumstances.

What will the CPS do when they receive a review request?

An immediate review of the decision will be made with a view to a resolution as soon as possible, in most cases this is called a 'Local Resolution', and checks will be made to ensure the complainant understands the decision and why it has been made.

If the Local Resolution does not resolve the issue to the complainant's satisfaction then the CPS will proceed to an independent review, where possible. This review will be carried out by the Appeals and Review Unit or a Chief Crown Prosecutor depending on the nature of the qualifying decision.

Reviewing prosecutors will approach the case afresh to determine whether the original decision was right or wrong.

In cases where the qualifying decision was ‘to offer no evidence’ it is not possible to recommence the criminal proceedings; therefore, redress in these circumstances will be limited to an explanation and apology.

A complainant is defined 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’

What are the possible outcomes of a review?

If the police are asked to review the case they can make the decision to charge the suspect where they have the powers to do so, or send the case to the CPS for a charging decision.

If the CPS have reviewed their decision not to charge, they can uphold this or they can reverse their decision and charge the suspect with an offence.

What can a complainant do if they are not successful with the review process?

Following the conclusion of the review process, there is no scope for any further review by the CPS. If the complainant remains dissatisfied with the decision, and/or wishes to challenge it further, then they could consider the merits of applying to the High Court for a judicial review of the decision. There is likely to be an expectation that a review under the VRR scheme will have been exercised before any judicial review of a qualifying decision is commenced.

What happens to the accused during this process?

The accused will be notified that the complainant has exercised their right to review, whilst the review process is ongoing it would be our advise to instruct a lawyer to provide advice on the process and to engage with the police or the CPS where necessary.

If you have been notified that a complaint of a sexual offence or offence arising from domestic violence against you is to be re-viewed by the police or CPS then contact our lawyers today. We can offer confidential advice and support, and also assess whether there is merit in liaising with the CPS during this review process.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.