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

Made: 21st October 2015

Laid before Parliament: 23rd October 2015

Coming into force: 16th November 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by that section:

Citation and commencement

1

These Regulations may be cited as the Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015 and shall come into force on 16th November 2015.

Armed Forces Code of Practice for Victims of Crime

2

The code of practice entitled “The Armed Forces Code of Practice for Victims of Crime” set out in the Schedule shall come into operation on 16th November 2015.

Effect of non-compliance

3

• (1) If a person fails to perform a duty imposed on him by the code of practice set out in the Schedule, the failure does not of itself make him liable to criminal or civil proceedings.

• (2) But the code of practice is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code of practice in determining a question in the proceedings.

SCHEDULE — Armed Forces Code of Practice for Victims of Crime

PART 1 — Introduction

CHAPTER 1 — General

General

1

Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it.

2

This Code[^f00003] sets out the services to be provided by Service justice organisations and persons to victims of crime committed by persons subject to Service law or civilians subject to Service discipline.

3

This Code sets a standard for these services. Service providers can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the set standard.

4

For the purposes of this Code, a “victim” is:

• (1) a natural person[^f00004] who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence[^f00005];

• (2) a close relative (see definitions in Part 6 of this Code) of a person whose death was directly caused by a criminal offence and who has suffered harm as a result of that person’s death.

5

Enhanced entitlements are provided to victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims. These three categories are explained in Part 2 of this Code.

6

In addition to this Introduction which is important to read, table 1 below shows which Parts of the Code may be relevant to you. Each Part allows you to follow your journey through the Service justice process and find out what you are entitled to at each stage.

Person	Parts of the Code
An adult victim of crime entitled to services under the Code	Parts 2 and 3
A victim under 18 years of age entitled to services under the Code	Parts 2 and 4
An organisation providing services to victims under the Code	Parts 2, 3, 4 and 5

CHAPTER 2 — Which organisations have to provide services under this Code?

Service Providers

7

This Code requires the following persons and organisations to provide services to victims:

• (1) Service Police;

• (2) Commanding Officers exercising powers of investigation or charge;

• (3) Victim Liaison Officers;

• (4) The Military Court Service;

• (5) The Service Prosecuting Authority;

• (6) The Commandant, Military Corrective Training Centre;

• (7) The UK Supreme Court;

• (8) The Criminal Cases Review Commission;

• (9) Her Majesty’s Courts and Tribunals Service.

8

The persons and organisations that provide services under this Code are collectively referred to in this Code as “service providers”. Other organisations, including voluntary sector organisations may provide services for victims but they are not covered by this Code.

9

This Code does not require anything to be done by either a person acting in a judicial capacity, or a person acting in the discharge of a function of a member of the Service Prosecuting Authority which involves the exercise of a discretion.

10

Where required to share information under this Code, Service providers must do so effectively and in accordance with their obligations under the Data Protection Act 1998.

CHAPTER 3 — What kind of support can I expect as a victim of crime?

Support

11

Victims of criminal conduct, including bereaved close relatives, should have access to information on the range of victim support services (see definitions section) available. These victim support services may be provided by locally or nationally commissioned organisations. You will be directed to victim support services where required under this Code, but this does not prevent you from accessing those services directly if you wish[^f00006]. Service providers must communicate with you in simple and accessible language, taking appropriate measures where possible to assist you to understand and be understood. In considering appropriate measures, service providers must take account of any relevant personal characteristic of the victim which may affect their ability to understand and be understood.

12

If, due to the impact of the crime, you need assistance to understand or to be understood in your first contact (see Definitions) with the Service Police or a Commanding Officer exercising powers of investigation you are entitled to be accompanied by a person of your choice unless that service provider considers it would be contrary to your interests or prejudicial to the investigation or prosecution.

Written Information

13

You are entitled to receive written information on what to expect from the Service justice system such as the victim and witness information leaflets, or the details of a website which contains that information. Subject to paragraph 14, the following information must be offered to you without unnecessary delay from your first contact with the Service Police or Commanding Officer exercising powers of criminal investigation:

• (1) where and how to get advice or support, including access to medical support, any specialist support (such as psychological support) and alternative accommodation[^f00007];

• (2) what you need to do to report a criminal offence, and who you should contact in case you have any questions about the case;

• (3) any measures available for your protection, if required;

• (4) how to seek compensation;

• (5) what to do if you are not present in the UK;

• (6) the availability of interpretation and translation services;

• (7) how to make a complaint about a service provider or other competent authority;

• (8) how to recoup expenses incurred as a witness in a Service court hearing or Summary Hearing.

14

The extent or detail of the information in paragraph 13 may vary depending on the type of crime, your personal circumstances, or its relevance to the particular stage of the investigation or of the proceedings.

CHAPTER 4 — Who is entitled to receive services under this Code?

Victims of crime where an allegation has been made

15

Subject to paragraph 16 below, you are entitled to receive services under this Code if you have made an allegation to the Service Police or to the alleged perpetrator’s Commanding Officer that you have suffered harm (including physical, mental or emotional harm or economic loss) which was directly caused by a criminal offence committed by a person subject to service law or a civilian subject to service discipline, or have had such an allegation made on your behalf, or if you are contacted as a victim in the course of investigations[^f00008].

16

You are only entitled to receive the services set out in this Code:

• (1) if the crime took place in the European Union; or

• (2) for crimes that took place outside the European Union, only in relation to criminal proceedings that take place in the European Union.[^f00009]

17

Subject to paragraph 18 below, you are entitled to access victim support services at any time, whether you have reported a crime or not, and after the conclusion of the investigation and prosecution.

18

Where a victim is not present in the United Kingdom or has left the territory of the United Kingdom, it is the victim’s country of residence that should provide victim support services to that victim.

Bereaved close relatives of a victim of crime

19

Close relatives of the deceased are entitled to receive services under the Code as victims of the most serious crime.

The family spokesperson for families bereaved by crime

20

If a family is bereaved as a direct result of a criminal offence, the deceased’s close relatives are entitled to nominate a family spokesperson to act as the single point of contact to receive services under this Code. If the close relatives cannot choose a family spokesperson, the Service Police Senior Investigating Officer working on the case must choose the family spokesperson.

The family spokesperson for victims of crime who have a disability or for victims who have been so badly injured as a result of a criminal offence that they are unable to communicate

21

If you have a disability or have been so badly injured as a result of a criminal offence that you are unable to communicate, you or your close relatives are entitled to nominate a family spokesperson to act as the single point of contact to receive services under this Code.

The parent or guardian of a victim who is under 18 years of age

22

If you are a victim who is under the age of 18 you, and usually your parent or guardian, are entitled to receive services under this Code[^f00010].

CHAPTER 5 — Additional information for all those entitled to receive services under this Code

General

23

You are entitled to access services under the Code regardless of whether anyone has been charged or convicted of a criminal offence and regardless of whether you decide that you do not wish to cooperate with the investigation.

24

If, following an investigation, it is decided that you are not a victim of a criminal offence you or, where relevant, the family spokesperson will be informed by the relevant service provider that you are no longer entitled to services under this Code.

Information provided under this Code

25

Where a service provider is required to communicate information to which a victim is entitled under this Code, this may be provided by posting or personally delivering a letter to your last known correspondence address given by you to the service provider, or sending an electronic message to the electronic contact details given by you to the service provider. Additionally, if written communication is not required, communication may be made by telephone call, audio-visual communication or a face to face meeting. The choice of communication method is to be determined by the service provider.

26

Where there is a high number of victims involved in a case, or where otherwise appropriate in exceptional cases, the service provider may communicate information to which a victim is entitled under this Code through alternative channels such as the service provider’s website.

27

Nothing in this Code requires a service provider to provide information where disclosure of that information:

• (1) could result in harm to a person;

• (2) could affect the proper handling of any criminal investigation or prosecution, or could otherwise prejudice any civil or criminal case; or

• (3) would, in the service provider’s view, be contrary to the interests of national security.

Interpretation and translation

28

If you do not understand or speak English, you are entitled to request interpretation into a language you understand:

• (1) when reporting a criminal offence[^f00011];

• (2) when being interviewed by the Service Police or Commanding Officer exercising powers of investigation; and

• (3) when giving evidence as a witness.

29

If you do not understand or speak English, you are entitled on request to translation of the following information:

• (1) the written acknowledgement of the reported crime;

• (2) where it is essential for the purposes of the interview, summary hearing, or court hearing to see a particular document that is disclosed to you, the relevant parts of the document;

• (3) the document informing you of the date, time and place of trial; and

• (4) the outcome of criminal proceedings where so entitled under this Code and at least brief reasons for the decision where available.

30

An oral translation or summary of the information in paragraph 28 may be provided, unless doing so would prejudice the fairness of the proceedings. The relevant service provider must ensure such interpretation or translation is available free of charge.

31

If you are unhappy with a decision not to provide interpretation or translation services, you are entitled to make a complaint to the relevant service provider. The relevant service provider must consider your request in accordance with the complaints procedure in Part 3, Chapter 8 (for adults) and Part 4, Chapter 8 (for children and young people).

What if my case is transferred to a civilian jurisdiction?

32

Where the allegation made leads to a criminal investigation which is later transferred to a civilian jurisdiction, any person entitled to services as a result of the allegation having been made will cease to be entitled to further services under this Code from the date that jurisdiction is transferred provided that they are notified of the transfer of jurisdiction. Responsibility for support will then transfer to the civilian sector. Where there is a joint civilian/military investigation, the Code applicable to the lead agency will apply.

What if I do not want to receive the services that I am entitled to under the Code?

33

You may decide that you do not want some or all of the information or services you are entitled to under this Code or that you want to opt out of receiving these at a later date. If this is the case, you can discuss with the service provider how these entitlements are best tailored to your needs.

34

You may choose to opt back into receiving services under the Code at any time the case is under active investigation or prosecution.

What happens if I don’t receive the services that I am entitled to under this Code?

35

Part 3, Chapter 8 (for adults) and Part 4, Chapter 8 (for children and young people) of this Code sets out your entitlements if you wish to make a complaint about the services you have received.

PART 2 — Enhanced Entitlements

CHAPTER 1 — Victims entitled to receive enhanced entitlements

General

36

This Code sets out enhanced entitlements for victims entitled to receive services under this Code[^f00012] in the following categories because they are more likely to require enhanced support and services through the Service Justice System:

• (1) Victims of the most serious crime;

• (2) Persistently targeted victims; and

• (3) Vulnerable or intimidated victims.

How do I know if I am in one of the three groups who are entitled to receive enhanced entitlements?

37

The three categories are designed to ensure that victims who are most in need will be able to access enhanced support. You may be entitled to enhanced services under more than one category at the same time. For example, if you are under 18 years of age you will be automatically eligible for enhanced services as a vulnerable victim regardless of whether you are also a victim or the most serious crime or are a persistently targeted victim. A victim of domestic violence is eligible for enhanced services as a victim of the most serious crime, but may also qualify for enhanced services as a vulnerable or intimidated victim.

38

The final decision on whether you fall into one or more of the three categories is the responsibility of the relevant service provider.

39

Victims of a criminal offence entitled to receive services under the Code are entitled to an assessment by the initial service provider (Service police or the Commanding Officer exercising powers of investigation) to identify any needs or support required, including whether and to what extent they may benefit from Special Investigation Measures and Special Measures. This is known as a Needs Assessment. The length and content of this assessment depends on the severity of the crime and your individual needs. The assessment will take into account your personal characteristics, the nature and circumstances of the crime, and your views. The more information you are able to provide during the assessment, the more tailored the level of support will be to your individual needs.

40

As your needs may change while the criminal offence is being investigated due to your health, intimidation or any other reason, service providers must give you the opportunity to be re-assessed if your change of circumstances is brought to their attention.

41

Once a service provider has identified that you are eligible for enhanced entitlements under this Code, that service provider must ensure that this information is passed on as necessary to other service providers with responsibilities under this Code and to victim support services where appropriate[^f00013]. Service providers should check with you first that you are content for them to pass on your information to victim support services.

42

If you do not fall into the three categories outlined below, although they are not obliged to do so a relevant service provider may exercise his/her discretion and provide enhanced entitlements, according to the provisions of this Code, to any victim entitled to receive services under this Code depending upon the individual’s circumstances and the impact that the crime has had on them.

43

If a victim meets the requirements of paragraph 37 of this Code, but does not wish to receive enhanced entitlements, the advice contained in paragraphs 33 to 34 of this Code should be followed.

Victims of the most serious crime

44