Victims Right to Review Scheme: A Guide
The Victims Right to Review: A Guide
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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