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

CHAPTER 3 Pre-Trial – Charge and Service Custody

Charge and Service Custody

82.  You are entitled to be informed of a decision:

(1) to refer the case to the Commanding Officer or the Director of Service Prosecutions;

(2) not to refer the case to the Commanding Officer or the Director of Service Prosecutions;

(3) to charge the suspect;

(4) not to charge the suspect.

83.  Following:

(1) a Service Police decision not to refer a case in which a suspect has been identified and interviewed after caution, to the Commanding Officer or the Director of Service Prosecutions,

(2) a Commanding Officer’s or Service Prosecuting Authority decision(1) not to bring or direct a charge, or

(3) a Commanding Officer’s decision not to refer the case to the Director of Service Prosecutions, where the Commanding Officer does not have power to charge without first referring the case to the Director of Service Prosecutions,

you are entitled to be notified of the reasons why this decision was made, how you can access further information about the decision and how you can seek a review of the decision and how you can seek a review of the decision if you are dissatisfied with it, in accordance with their victims’ right to review scheme.

84.  Where a suspect is arrested, taken into custody or charged by a person of that suspect’s unit in respect of a criminal offence, a Victim Liaison Officer is to be allocated to your case no later than 3 working days after the day of the event, and within 1 working day where you are a victim of the most serious crime, persistently targeted or vulnerable or intimidated. Upon allocation, the CO must inform the Victim Liaison Officer of the event.

85.  You are entitled to be informed by the Victim Liaison Officer or the Service Prosecuting Authority of the date, time and location of any court hearings in your case.

86.  You are entitled to receive the information at paragraphs 82, 83 and 85 of this Code without unreasonable delay.

87.  You may request the Victim Liaison Officer or the Service Prosecuting Authority to inform you of:

(1) a suspect being released from Service Custody with no further action;

(2) a suspect being released from Service Custody and any Service custody release requirements which are imposed, changed or cancelled.

88.  You are entitled to the information requested in paragraph 87 of this Code only where there is a danger or an identified risk of harm to you, in which case the information will be provided without unnecessary delay(2).

89.  If you are dissatisfied with any of the decisions set out at paragraph 83 of this Code, you are entitled to seek a review of that decision in accordance with the Service Police, Commanding Officers, or Service Prosecuting Authority victims’ right to review schemes as appropriate. The schemes give victims of criminal offences a right to request a review of those decisions.

90.  Where you are notified of a decision that qualifies for a review in accordance with paragraph 89 of this Code, you are entitled to receive sufficient information in the notification to enable you to decide whether or not you wish a review to take place.

Post-Charge

91.  You are entitled to be informed by the Service Prosecuting Authority of a decision made by the Service Prosecuting Authority to:

(1) substitute for the charge another charge against the accused;

(2) substantially alter a charge;

(3) bring an additional charge against the accused;

(4) discontinue proceedings on the charge;

(5) offer no evidence in all proceedings;

(6) refer the charge to the accused’s Commanding Officer;

(7) make a direction barring further proceedings.

92.  You are entitled to be informed by the Victim Liaison Officer of any decision made by the Commanding Officer to:

(1) substitute for the charge another charge against the accused;

(2) substantially alter a charge;

(3) bring an additional charge against the accused;

(4) discontinue proceedings on the on the charge;

(5) refer the charge to the Director of Service Prosecutions.

93.  In addition, where the Service Prosecuting Authority, or the Commanding Officer, discontinues, or the Service Prosecuting Authority offers no evidence in all proceedings or makes a direction barring further proceedings, you are also entitled to be informed by the Service Prosecuting Authority or Victim Liaison Officer as appropriate of how you can access further information about the decision and to seek a review of the decision if you are dissatisfied with it, in accordance with the Service Prosecuting Authority or the Commanding Officer’s victims’ right to review schemes as set out in paragraphs 89 and 90 of this Code. Where you are notified of a decision that qualifies for a review you are entitled to receive sufficient information in the notification to enable you to decide whether or not you wish a review to take place.

94.  You are entitled to receive the information in paragraphs 91, 92 and 93 of this Code without unreasonable delay.

Pre-Trial

95.  In this section, where your Victim Liaison Officer is required to provide you with some of the services listed below the Service police may provide some or all or those services instead. You will be told by the Service police if this is the case.

96.  You are entitled to:

(1) request the investigator to inform you of:

(a) a suspect being released from Service Custody with no further action;

(b) a suspect being released from Service Custody and any Service custody release requirements which are imposed, changed or cancelled;

(2) receive the information requested in paragraph 96(1) of this Code only where there is a danger or an identified risk of harm to you, in which case the information will be provided without unnecessary delay(3);

(3) be informed, without unreasonable delay, of the date, location and outcome of any court or Summary hearings in the case by your Victim Liaison Officer;

(4) in cases where the accused pleads not guilty in a Service court, or where you may be required to give evidence in a Summary hearing, discuss any needs you may have with the Victim Liaison Officer and be referred to relevant victim support services(4) where appropriate;

(5) be informed, without unreasonable delay, by your Victim Liaison Officer if you are required to give evidence. You are also entitled to be told about what to expect, including how to access the Military Court Service “Witness Information” leaflet;

(6) view your statement to help refresh your memory – if you made a written statement, it will be available for you at court or Summary hearing on the day; if you made a video recorded statement, arrangements will be made for you to view this separately before the trial;

97.  If you are required to give evidence, you are entitled to be offered a full needs assessment by the Service police, the Commanding Officer or Service Prosecuting Authority as appropriate to make sure you are supported in giving your best evidence. This may include consideration of the use of Special Measures (see paragraphs 53 and 54 of this Code) and whether a Summary Hearing is appropriate. If you are to give evidence in the court, you are also entitled to visit the court before the trial to familiarise yourself with the building and the court room.

98.  In addition to the entitlements outlined above you are also entitled to be informed of the outcome of any Special Measures application.

99.  If the suspect pleads not guilty in Service court or if you are required to give evidence in the Summary Hearing, you are entitled to talk to the Military Court Service (if your case is being heard in a Service Court) or your Victim Liaison Officer (if your case is being heard in a Summary Hearing) about what support you may need. You can ask for your contact details to be sent to victims’ services so they can get in touch with you to talk about any extra support they could offer you.

Measures for victim’s protection in case of escape

100.  In the event of a suspect escaping from service custody, if there is a danger of an identified risk of harm to you, the Service Police, once aware of the escape or notified of it by the Military Corrective Training Centre, will notify you wherever possible of the escape and any measures taken for your protection if it is assessed that the suspect poses a significant risk of harm to you.

(1)

This refers to the powers to charge or direct charge exercisable by the Director of Service Prosecutions under Part 5 of the Armed Forces Act 2006.

(2)

You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

(3)

You are not, however, entitled to this information if there is an identified risk of harm to the suspect which would result from the notification.

(4)

See paragraphs 16 to 18 of the introduction.