Your Key Rights as a Victim
CPS Complaints and Right to Review
The Victims’ Right to Review Scheme makes it easier for victims to seek a review of a CPS decision not to bring charges or to terminate all proceedings, and ask for a review of a police decision not to prosecute a suspect. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
Victims can seek a review of decisions not to charge, to discontinue or otherwise terminate all proceedings. You must request a review within three months of the police decision not to prosecute. The scheme only applies in relation to qualifying decisions made on or after 5 June 2013.
A victim is defined as a person who has suffered:
- harm including physical, mental or emotional
- economic loss directly caused by criminal conduct
You can ask someone to act on your behalf, such as a solicitor or MP. In these cases, you will need written confirmation to show that the person in question has the authority to act on your behalf.
- close relatives of a person whose death was directly caused by criminal conduct
- parents or guardians where the main victim is under 18
- police officers who are victims of crime
- family spokespersons of victims with a disability, or who are so badly injured they can’t communicate
- businesses, providing they give a named contact
How to make a complaint
If you’re a victim of crime and you feel that your rights under the Code have not been met then you can complain directly to the criminal justice agency concerned, such as your local police force or the Crown Prosecution Service. The Staffordshire Victim Gateway can support you through this process, with information, advice, and practical and emotional support.
If you have complained, and are still dissatisfied then you can take your complaint to the Parliamentary and Health Service Ombudsman, who is responsible for considering complaints relating to the Victims’ Code. You must first contact your MP and ask them to refer your complaint to the Ombudsman as they will not consider cases directly from a member of the public. To find your local MP, Click on the link
For further information on the complaints procedure, click here
7 in 10 people who use our Victim Gateway service are happy with the outcome.