Crime victims' concerns to be taken into account by prosecutors
Crime victims are to have a greater influence on prosecution decisions, and may be granted face-to-face meetings to ensure their concerns are taken into account in the prosecution process.
The Department of Justice yesterday published a revised Statement on the Treatment of Victims and Witnesses, aimed at improving prosecutors' responsiveness and sensitivity to the concerns of witnesses and victims, while encouraging greater transparency and public confidence in the criminal justice system.
Key updates include greater consultation with victims over prosecution decisions, requiring prosecutors to speed up the progress of cases involving vulnerable witnesses and victims, as well as better informing the court of occasions where a delayed hearing might affect vulnerable witnesses or victims.
'The statement is a practical document, which incorporates latest thinking in the area of victims' rights, and encourages best practice,' Grenville Cross SC, director of public prosecutions, said. 'The statement recognises that if criminals are to be prosecuted and convicted, those who are victims of crime or witnesses to crime must have confidence in the ability of the criminal justice system to safeguard their interests.'
The new guideline, which comes into effect on Monday, replaces one issued in 2004.
Regarding the decisions to prosecute, the previous guideline stated: 'The effect of the offence upon the victim must be assessed, as it is a vital factor for the prosecutor to consider.'
The latest guideline includes a new policy under which the views of the victim would be given such weight as appropriate in all circumstances when making a decision to bring charges. 'In determining whether to discontinue a prosecution or to accept an adjusted plea to a lesser charge, the prosecutor should, if practicable, ascertain the views of the victim,' it states.
While such views would not determine the issue, they would help the prosecutor to reach an informed decision, it says.
Where a decision is taken not to prosecute, victims will be given formal explanations as well as a chance to submit views.
'In appropriate circumstances, a face-to-face meeting between the prosecutor and the victim will be arranged,' the guideline states.
However, Cross said it was still his department's constitutional role to make the final prosecution decisions, and the key factors would still be the strength of the evidence, and the public interest.
A violation of the guidelines may result in disciplinary action or removal of a private barrister from a list used by the Department of Public Prosecutions.
