reg 226 Information, referral to victim support services and needs assessments
The Commanding Officer must: (1) provide the entitlements set out in Part 3, Chapter 2 and, in relation to a child victim, Part 4, Chapter 2 where they are not specifically listed in the duties below; (2) ensure victims are provided with a written acknowledgement of the crime that they have reported including the basic details of the offence. The written acknowledgement could be in the form of a letter, an electronic notification such as an email or text, or it could be written by hand. The victim may request not to receive such acknowledgement. Where the Commanding Officer considers there may be a risk of harm to the victim from sending the written acknowledgement (for example in domestic violence cases), they may agree with the victim not to send one; (3) ensure the victim is notified, without unnecessary delay, of their entitlement to receive the following information: (a) any decision not to proceed with or to end an investigation or not to prosecute a suspect, including a brief summary or reasons for the decision where available; (b) the time and place of the trial or Summary Hearing, and the nature of the charges against the accused; (c) any final judgement in the trial or Summary Hearing, including a brief summary of reasons for the decision where available; (d) information enabling the victim to know about the state of the criminal proceedings on their request unless the proper handling of the case may be adversely affected by such notification; (e) where the victim is notified of a decision that qualifies for a review under the Service Police, Commanding Officers or Service Prosecuting Authority victims’ right to review schemes, that they are entitled to receive sufficient information to enable them to decide whether to request a review; (4) ensure a timely needs assessment is conducted to decide whether victims fall into one of the three priority categories: victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims following the tests set out in Part 2 of this Code (a child victim is automatically eligible for the enhanced services provided to vulnerable victims of crime); (5) ensure Special Investigation Measures and Special Measures are explained, where appropriate, to victims in the three priority categories and establish what measures, if any, the victim feels they need to best help them give their evidence; (6) ensure the outcome of the needs assessment and requests for Special Investigation Measures and Special Measures are recorded and share this information with the Service Police and the Service Prosecuting Authority if the case is passed or referred to them; (7) ensure victims are provided (in accordance with paragraphs 13 and 14 of this Code) with the victim and witness information leaflets without unnecessary delay from the victim’s first contact (see the definitions in Part 6) with the Commanding Officer’s investigation; (8) ensure that the investigators discuss and seek to agree with the victim (or, in relation to a child victim: the victim or their parent or guardian) how often they will receive updates about the case; (9) ensure that victims are informed about this Code and how they can find out more about it; (10) ensure that it is explained to victims that their details will be passed to victim support services by the Commanding Officer if they wish this to happen ; (11) ensure that explicit consent is sought from victims before sending their details to victim support services ; (12) ensure that victims are informed that they can choose to refer themselves to victim support services at a later date and that information about victim support services is provided, including contact details ; (13) ensure that it is explained that any witness statement that is taken may result in the victim having to give evidence in court or Summary Hearing at a later date; (14) ensure that a decision not to investigate a crime is explained without unreasonable delay; (15) ensure that the victim is advised, without unreasonable delay, when an investigation into a case has been concluded with no person being charged and that the reasons are explained. The Commanding Officer must ensure the victim is asked if they wish to be informed if the investigation is to be re-opened. A record of their response should be made. The victim’s views are to be sought and must be considered if re-opening of the case is formally considered.