Crime and intelligence - Police response to victims and witnesses: delivering the victims code in Kent (N15a)

1. Summary of changes

1.1. The following amendments have been made to this Standard Operating Procedure (SOP) in August 2024:

• paragraph 3.2.17 updated. 

2. What this procedure is about

2.1. This Standard Operating Procedure (SOP) is published to provide operational officers and police staff with clear guidance in relation to policy N15 and the policing response required in compliance with the revised Code of Practice for Victims of Crime and the Witness Charter 2013.

2.2.  This SOP is effective as of April 2021 and should be used in conjunction with the following:

• Victim Code of Practice
• Victim Code – Essential Guide
• Witness Charter 2013
• Witness Charter – Essential Guide
• APP: Victim and Witness Care
• MOJ Achieving Best Evidence in Criminal Proceedings - Guidance on interviewing victims and witnesses, and guidance on using special measures
• SOP O23d: Achieving Best Evidence (ABE)
• CPS: Victims and Witnesses – Care and Treatment
• FCR Pages: Vulnerable and repeat victims
• Policy N26: Crime Investigation
• Policy N10: Protection of adults at risk
• Policy N07: Domestic Abuse
• SOP Q01V: Crime and Investigation, temporary Policy (COVID)

Compliance with this SOP and any governing policy is mandatory

2.3 Contents

This document provides essential walkthrough guidance in relation to the service we are required to provide to victims and witnesses under the following topic headings: (each chapter is hyperlinked for ease of navigation)

Pre-Charge

3.1 Victim Code of Practice
3.1.1 Victim definition
3.2.1 Reporting a crime
3.2.2 Engagement
3.2.3 Needs assessments
3.2.4 Victim Care Card
3.2.5 Enhanced status
3.2.6 Special Measures
3.2.7 Video recorded evidence in Chief
3.2.8 Pre-recorded cross examination - Sect 28 YJCEA 1999
3.2.9 Victim Personal Statements
3.2.10 Victim updates, mandatory and investigative
3.2.11 Support Services (Victim support, ISVAS, IDVAs, Intermediaries, Witness Service)
3.2.12 Restorative Justice
3.2.13 Compensation
3.2.14 Assaults on Officers and Staff
3.2.15 Domestic abuse involving Kent Police employees
3.2.16 Evidence Led Prosecutions (ELP)

Post Charge

3.3.1 Witness Care Unit (WCU)
3.3.2 Trial
3.3.3 Sentencing and appeals
3.3.4 Post-trial
3.4 Complaints

Witnesses

3.5.1 Witness definition
3.5.2 Witness Charter – Standards of Service
3.5.3 Making a Statement
3.5.4 Initial needs’ assessment
3.5.5 Witness updates and support
3.5.6 Court and trial
3.5.7 Complaints

3. Details of the Procedure

3.1. Victim Code of Practice
The Victim Code of Practice provides statutory requirements placed on service providers (not only Police) detailing the minimum standards that victims of crime are entitled to receive from the initial point of reporting a crime, throughout the criminal justice process including pre and post charge, trial and sentence.

It is a statutory requirement (must) to provide victims of crime with the rights detailed within the Victim’s Code of Practice. (At present the Witness Charter is Non-Statutory.)

There are 12 rights:

1. To be able to understand and to be understood 
2. To have the details of the crime recorded without unjustified delay 
3. To be provided with information when reporting the crime 
4. To be referred to services that support victims and have services and support tailored to your needs 
5. To be provided with information about compensation 
6. To be provided with information about the investigation and prosecution 
7. To make a victim personal statement
8. To be given information about the trial, trial process and your role as a witness
9. To be given information about the case and any appeals
10. To be paid expenses and have property returned
11. To be given information about the offender following a conviction
12. To make a complaint about your rights not being met

This SOP provides a summary of key aspects of the Victim Code and Witness Charter only. It is essential officers and police staff fully acquaint themselves with the content of the Victim Code and the Witness Charter and their obligations within.

The victim code provides rights throughout a victim’s journey so it is also essential to understand that it is EVERYBODY’s responsibility to ensure that we deliver the rights that victims are entitled to and at the point they should be provided.

3.1.1. Victim definition
A victim is a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence or a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.

Parents/guardians of a victim under 18yrs and a nominated family spokesperson of a victim suffering mental impairment or so badly injured because of a criminal offence that they are unable to communicate or lacks the capacity to do so are also entitled to receive rights under the Victims’ Code.
So are businesses that have been subject of crime (subject to the provision of a named point of contact.)

3.1.2. Our commitment to Victims and Witnesses of crime
We will:

• Treat victims and witnesses with respect, dignity, sensitivity, compassion and courtesy.
• Act with professionalism and without discrimination of any kind.
• Deliver a consistent, quality service throughout, from first point of contact to final outcome.
• Seek to provide the practical and emotional support required by each and every victim and witness.

3.2. Pre charge
3.2.1. Reporting a crime
At the point of reporting a crime, victims are entitled to:

• Be told of the Victim Code and that they are entitled to a minimum level of service (It is vital that victims are told explicitly from the outset about the existence of the Victim Code and that they are entitled to the levels of service detailed within it.)
• Written acknowledgement that they have reported a crime (including crime reference and basic details.)
• Where applicable, to be given information in relation to Restorative Justice and Compensation.
• Be given information about Victim Personal Statements.
• Be provided a clear explanation as to what to expect from the CJ system and where to get further information, advice and support.
• To be automatically referred to Victim Support (and told of that fact) within 2 days (bereaved family members are provided for by the National Homicide Service.)
• To be provided with contact details for Victim Support.

3.2.2. Engagement
It is essential that engagement is positive and supportive.
Officers or police staff tasked with engagement following a victim reporting crime must:

• Ask open questions to elicit what has happened.
• Confirm that you have understood what you have been told by the victim and explain how you are going to deal with it.
• Explain (if appropriate) that you seek to take a statement regarding what’s happened.
• Explain that providing a statement may require the victim (or witness, see N15b) to attend court in certain circumstances but they also may be required to attend court despite not making one.
• Explain that court may not be the final course of action as there are numerous non-court avenues. Even if court is an eventuality, the victim may not be required to give evidence if the suspect pleads guilty or if the defence accepts the evidence.
• Undertake a needs assessment to ascertain vulnerabilities, concerns, safeguarding and support required. This will assist in identifying potential enhanced status (Vulnerable, Intimidated, Persistently targeted or victim of most Serious Crime) (see 3.2.3 “needs assessment” and 3.2.5 “enhanced status” below.)
• Explain special measures (see 3.2.6 below.)
• Explain that they are entitled to provide a Victim Personal Statement (VPS) describing how the event has made them feel and explain the VPS process (see 3.2.9 below.)
• Explain how the statement will be taken (the process) of if alternative arrangements may be required (explain ABE.)
• Explain mandatory (key) updates (see 3.2.10.)
• Agree contact method and how often investigative updates will be provided (see 3.2.10.)
• Explain that their details will be passed to victim support services within 2 working days unless they do not wish their details passed. (see 3.2.11 below.)
• Provide contact details for Victim Support.
• Where applicable, explain how to access Restorative Justice Services (see 3.2.12 below) and how to seek compensation (see 3.2.13 below.)
• Provide the victim with a Victim Care Card (VCC) and explain its content (which covers the essential information above.) (See 3.2.4 below.)

 

• Always consider Voice of the Child/Vulnerable Adult and the Aware Principle when dealing with victims and witnesses of crime.

3.2.3. Needs assessment
All victims of a criminal offence are entitled to a needs assessment by the police to identify any needs and whether they meet enhanced status, fitting in one of the categories (refer to 3.2.5) and to what extent they may benefit from Special Measures and the enhanced service as per their Victim Code Rights.

An initial needs assessment must be undertaken by the initial attending/allocated (face to face or remote) or contact with FCIR (this is currently incorporated in the existing THRIVE assessment undertaken).

The key considerations for the attending officers MUST include:

• Identifying any immediate threats to safety and any safeguarding needs for the victim (place of safety, alarms etc)
• Support required for the victim to understand information being given to them (for example interpreter).

In the absence of an investigation on Athena officers will update STORM with any needs identified, vulnerabilities and eligibility for enhanced services. Where an investigation exists on Athena the information must be updated in the ‘Victim information’ tab.

A full victim needs assessment (VNA) will be completed within the investigation (DA Hub or Allocated Investigator). The only circumstances where a VNA may not be completed is when the investigation is filed at source.

To prompt a VNA to be completed an action ‘Identify Vulnerability’ must be set when completing the investigation plan. Once the VNA is done this must be updated to show as completed.

The needs assessment must consider the following:
A Automatically eligible: Is the victim automatically considered ENHANCED?

S Safeguarding: Has the safety of the victim been considered? Is a prisoner non-contact order, restraining order or non-molestation order needed?

S Serious crime: Are they a victim of serious crime? They will automatically be an enhanced victim.

E Emotional impact: Is the victim in need of more frequent contact due to the emotional impact of the crime?

S Support: Does the victim feel isolated, do they need more frequent contact and reassurance?

S Special measures: Is the victim automatically entitled to special measures, if not do they need support giving their statement or evidence?

M Mental or physical impact: Does the victim have any mental, physical or medical needs or challenges? Ensure any contact takes account of the victim’s needs.

E Economic impact: Has the crime had an impact on the victim financially? Does this make them vulnerable? Is the victim aware of the Criminal Injuries Compensation Authority, has compensation been discussed?

N Needs: Is there any other needs that must be considered, does the victim need help communicating, such as interpreter or intermediary? Do they have any other issues that may make them vulnerable or intimidated?

T Targeted: Does this victim believe they are persistently targeted as a victim? Are there any other incidents that need to be recorded and investigated?

Further aspects to consider within the needs assessment:

• Religious/cultural considerations.
• Defendant relationship to victim (stranger, known, family member, spouse, restraining orders etc.)
• Practical issues – work, dependents, mobility.
• Preferred method of contact and or safe contact.
• Any times not contactable.

The victim needs assessment must be recorded as described below:

Victim assessment information, reasons for vulnerability, injuries and if a repeat victim are to be recorded in Athena, within the ‘Victim Information’ tab. Correct completion of this field transfers to any case file created from the investigation or where the investigation is added to the case and improves the victim data in the case file.

Victims can be identified as vulnerable and or intimidated (a user can select more than one) in the “victim type” drop down. Persistently targeted and or victim of most serious crime can be selected in the “reason for vulnerability” drop down and as above, more than one entry can be added.

The further information free type box should be used to provide a summary of the initial needs assessment, ‘Special Measures’ considerations, detail of vulnerabilities, support required or offered and include the rationale for considering whether vulnerable, intimidated, persistently targeted or a victim of serious crime.

These processes will enable any person to understand the individual requirements of any victim or witness in order to provide support needed. Any specific additional details not mentioned above, can be added to the ‘Further Information’ free text field.

If the victim is identified as VIPS, then they must be recorded as ENHANCED within the ‘Victim contract’ tab.

3.2.4. Victim Care Card

Victims must be provided with a Victim Care Card (VCC) at the point of engagement, whether face to face or remote (VC or phone) contact. This will be completed by initial attenders or if not provided before, officers/staff responsible for undertaking the investigation. It is available in both digital A4 word and printable, A5 PDF formats. It provides essential information and links for victims as well as acting as a check list of what information needs to be conveyed.

Provision of a VCC is not a call taker or IMU function.

The VCC provides information and guidance that must be given and explained at the point of report and should not be delayed on the understanding that others will do it or have done it.

If you are in a position to administer it, do.
If you are an OIC, check that a victim has been given one.

Once provided, officers or police staff should ensure they record the fact within Athena in the victim contact tab under “letter/card” in the method drop down menu, “other reason for update” in the reason dropdown and enter VCC provided in the “remarks” free text box.

(“VCOP Update” will be added to the reason dropdown in due course to be used in place of “other reason for contact.”)

3.2.5. Enhanced status
The Code sets out enhanced rights for victims if the following criteria apply because they are more likely to require enhanced support and services through the criminal justice process:

• Vulnerable victims - Under 18 years of age at the time of the offence or the quality of evidence is diminished through significant impairment of social function and intelligence, mental disorder or physical disability.
• Intimidated victims – If the quality of evidence will be diminished through fear and distress of testifying because of:
  • Behaviour of defendant or others.
  • Offence nature and circumstances.
  • Age.
  • Religious of political beliefs.
  • Domestic or employment circumstances.
  • Social or cultural circumstances.
  • Victims of sexual offences or human trafficking.
  • Victims of gun and knife crime.
•  Persistently targeted victims - victims who have been targeted repeatedly as a direct victim of crime over a period of time, particularly if victims have been deliberately targeted or are a victim of a sustained campaign or harassment or stalking.
• Victims of the most Serious crime - a close relative bereaved by criminal conduct, victim of domestic violence, hate crime, terrorism, sexual offences, human trafficking, attempted murder, kidnap, false imprisonment, arson with intent to endanger life and wounding or causing grievous bodily harm with intent.

3.2.6. Special Measures
Special Measures is the term used to describe the measures a court can order to assist vulnerable or intimidated witnesses to give their best evidence.
Victims under the age of 18 are automatically eligible as vulnerable. Victims of sexual offences are automatically eligible as intimidated. The primary rule in law presumes either evidence in chief or live link achieves best evidence.
Special measures available:

• Video recorded evidence in chief.
• Screens.
• Live link.
• Evidence in private.
• Removal of wigs and gowns.
• Examination via an intermediary (see 3.2.11 below.)
• Use of communication aids.
• Pre-recorded cross examination and re-examination (S28 YJCEA 1999) (Evidence in chief must have been video recorded.)

Special measures should be considered within the needs assessment process and explained at the earliest opportunity. In particular, those measures that can assist in obtaining best evidence prior to the court process such as ABE video interviewing and the use of intermediaries.

3.2.7. Video recorded evidence in Chief

As detailed above, the Youth Justice and Criminal Evidence Act 1999 provides that vulnerable or intimidated victims and witnesses are eligible for their evidence in chief to be video recorded and presented to the court in that format. The process for obtaining video recorded evidence is detailed within the MOJ “Achieving Best Evidence in Criminal Proceedings” 2011 document and has become known as obtaining an ABE interview.

Following a decision to obtain evidence from a victim or witness by way of ABE interview, it must be conducted by trained staff who will ensure it is obtained correctly and that any VPS is recorded separately to the main evidence (whether by way of break or separate disk.)

3.2.8. Pre-recorded cross examination - Sect 28 YJCEA 1999

s.28 of the Youth Justice and Criminal Evidence Act 1999 is the most recent of the suite of special measures from the Act to be introduced. It allows for the pre-trial recording of the cross examination of vulnerable and intimidated witnesses away from the courtroom environment.

The purpose of this special measure is to help vulnerable victims and witnesses give their best evidence to the court, acknowledging the difficulties some witnesses face, giving evidence with the passage of time during the progress of a case.

(** At time of publication, Kent courts do not provide this service for intimidated victims and witnesses. This is subject of national roll out so please check if considering.)

For a case to be eligible for s.28 the following conditions apply:

 The victim or witness must first have had a video recording of their interview (VRI – also known as an ABE interview) admitted as their evidence in chief (under s.27.)
 s.28 will only be available for cases heard in the Crown Court, not the Magistrates Court.
 In the case of vulnerable adults, the court must be of the opinion that the measure would be likely to improve the quality of evidence given by the witness (s.19.) There is no requirement to demonstrate that the quality of evidence would be improved for under 18s.

s.28 is not guaranteed to be available to every eligible victim or witness, this is the decision of the court in line with the current procedure for special measures. s.28 may be used in conjunction with other special measures.

Important note: Aside from decisions taken at the evidence gathering stage (video recorded interview or use of intermediary) it is for the court to decide if special measures will be utilized within the court/trial process. Police and CPS make application to the court based on the assessments undertaken.

Applications for consideration of all special measures at court should be submitted on MG2 to the CPS.
Victims are entitled to be informed of any special measures’ application and the outcome.

3.2.9. Victim Personal Statements
A Victim Personal Statement is the victim’s opportunity to explain in their own words the impact of the crime - whether physical, emotional, psychological or financial. It does not dictate how the offender is sentenced, however the judge or magistrate will consider the VPS along with all other evidence and relevant sentencing guidelines.

Who is eligible to make a Victim Personal Statement (VPS)?

• All victims should be made aware of VPS at the time of reporting a crime and must be offered the opportunity to make a VPS at the appropriate time.
• If the victim is under 18 years old, their parent or guardian will also be able to make a separate VPS if they wish.
• Bereaved close relatives of victims of crime who died because of criminal conduct are entitled to make a VPS.

How should a VPS be taken?

The VPS should be taken on an MG11. It should be made clear to the victim that it is different from a witness statement. It can be added as an additional paragraph at the bottom of the witness statement. If the witness statement is visually recorded by way of ABE, the VPS can be taken in the same format (video recorded) at the conclusion of the evidential element.

When talking to victims about the VPS officers or police staff must:

• Provide victims the opportunity to make a VPS. Explain the purpose of the VPS.
• Explain there will be opportunities to make a VPS at a later date if preferred.
• Explain that the victim can express a preference as to whether or not they would like to read their VPS aloud at court or have it read out on their behalf (usually by a CPS prosecutor) this preference must be clearly detailed on the VPS. This is a preference only and the decision on whether or not the victim is able to read all, or part of their VPS is at the discretion of the court.
• Explain to the victim that once signed, the VPS forms part of the case papers and cannot be changed or withdrawn, however the victim may also make a further VPS to add to or clarify what was said in their original VPS, especially if the full impact of the crime does not become apparent until later on.
• Ensure that the victim is aware of the possible consequences of making a VPS, for example, it is disclosed to defence, and may be reported on in the media. On rare occasions, it is possible that the victim may be asked questions about their VPS in court.

Businesses are entitled to make a Business Impact Statement through a named point of contact.

The offer of VPS MUST be recorded within the Investigation using the VPS specific YES/NO boxes on the Victim Code Contract tab.

3.2.10. Victim updates, mandatory and investigative
Victims of crime must be updated within 5 working days (1 working day if enhanced status) with the following:
Mandatory updates:

• Decision not to investigate.
• Suspect arrested.
• Suspect Interviewed under caution.
• Suspect released, no further action.
• Suspect released on police bail.
• Bail conditions changed or cancelled.
• Decision to administer an out of court disposal.
• Suspect charged.
• Date, time and location of first court hearing.
• Decision not to prosecute.

Investigative updates:

The new Victim Code provides that police will discuss with a victim how often they would like to receive updates. This means the frequency of updates should be agreed with the victim.

The Victim Code does not stipulate how often investigative updates must be provided. Kent Police currently employs a working practice of a minimum requirement of investigative updates being provided every 28 days. This is a minimum standard requirement and does not and should not exclude more frequent contact. Following discussion and agreement, contact frequency should be updated in the “Victim Code Contract” tab.

All contacts (mandatory or investigative) should be recorded in the “Contact log” tab within Athena, providing method, reason for contact and a sufficiently detailed summary of the contact/conversation. “Victim updated” will not be sufficient.

Out of court Disposal (OOCD) Should an OOCD be considered, victim consultation must take place to seek their views prior decision making. This contact should also be recorded in the contact log.

Officers/police staff should ensure that preferred method of contact is obtained from a victim at the outset, recorded under the Victim Code Contract tab and used wherever possible.

Officers/police staff should also ensure they discuss and record “times to avoid” in relation to contact under the Victim Code Contact tab and adhere wherever possible.

3.2.10.1 Victim Disengaging from Investigation

If a victim appears to have disengaged from an investigation, and the crime cannot be progressed without further information or engagement from the victim, it may be necessary to inform the victim that the crime will be filed. 

Best practice is to inform victims their report is being filed either face to face or on the telephone (depending on the crime type) to enable them to ask any questions.

A letter informing them of filing should only be used after all other avenues for evidence gathering and victim contact have been explored – such as calling NOT from withheld numbers, emailing, text message, attending the address, speaking to neighbours, contacting other agencies or services supporting the victim such as IDVA/ISVA/Housing etc (non-exhaustive). 

It should not be assumed the victim is choosing not to speak to us and officers should be professionally curious as to the reasons the victim cannot be contacted. Are they safe and well? Have they been seen by a neighbour or friend? Could they be at risk or unable to speak to us? Before any letter is sent, this risk needs to be considered and mitigated against.

All efforts to contact victims should be fully audited on the victim contact log.

Letters / emails are not suitable for serious sexual offences or victims that are clearly vulnerable or intimidated from the outset – careful consideration should be taken before taking this stance, and fully audited.

Extra care should be taken by officers to check the address or email of the victim is current and safe for use before posting or emailing any personal or crime details to them.  Especially in cases of DA.

Letters / emails should be marked as confidential to reduce risk of private information being accessed by people other than the addressee.

A copy of the letter / email should be uploaded to the crime report (document manager).

Letters should be sent have Kent Police headers and/or be from a Kent Police email addresses and never from officers' personal email accounts.

When a report is filed following a letter being sent, it should be filed code 15, 14, 18 or another suitable outcome. Outcome 16 should only be used when the victim has confirmed they are NOT supporting a prosecution at some point during the investigation. No contact is not confirmation they are NOT supporting.

If a victim has said they are not supporting, and an outcome 16 is suitable, SOP N26B must be followed including recording the victim’s decision in durable form and considering evidence led prosecution.

If a letter / email must be sent to the victim notifying them the matter will be filed.

3.2.11. Support Services
Victim Support are the county’s core referral support service, providing free and confidential support, advice, information, signposting and referrals for Kent residents who have been a victim of crime. Kent Police currently employs an implied consent referral process to victim support with the exception as described above.
There are many additional organisations that provide specialist support services including:

Independent Sexual Violence Advisors (ISVAs) offer on-going practical and emotional support to anyone who has been raped or sexually assaulted, recently or in the past. They can help those affected come to terms with what has happened and explain the options available. If required they can refer to different agencies in relation to counselling, sexual health, mental health, substance misuse and housing. Family Matters are able to offer pre-trial therapy to victims of serious sexual assault.

Independent Domestic Violence Advisors (IDVAs) are specialist support workers who work with victims with the aim of increasing the safety of the individual and co-ordinate a multi-agency approach including:

• Risk Assessment.
• Safety Planning.
• Crisis Intervention.
• Practical and emotional support.
• Court support.
• Multi agency Risk Assessment Conference (MARAC) representation.

Intermediaries All witnesses considered to be vulnerable can obtain help from a Registered Intermediary (RI). An RI can be appointed at any stage if it becomes apparent that there is a communication issue and appointing one will make the difference between a vulnerable witness giving their best evidence, or not communicating at all. Best practice is to appoint an RI as soon as possible, ideally prior to the formal interview (or any other formal procedural process e.g. identification procedures and VPS)

The Ministry of Justice (MOJ) Witness Intermediary Scheme is managed by the National Crime Agency (NCA) The scheme provides a matching service to provide the best suited RI, to help vulnerable victims and witnesses to give evidence to the police and to the court in criminal trials. A witness might need the help of a RI because of their age, or a learning, mental or physical disability or disorder. The scheme allows police and crown prosecutors to access high quality professional support when needed to provide support in the evidence gathering phase and also at trial to ensure the witness can provide the best evidence possible.

RIs can provide advice to investigators to help achieve more productive interviews, including:

• How a witness communicates.
• Their level of understanding.
• How it would be best to question them to get the best evidence.
• Types of questions to avoid.
• How long the witness will need to answer a question.

When a police officer/staff identifies that the witness might benefit from the assistance of a RI the officer should:

• Speak to the Crown Prosecution Service (CPS) to discuss the possible involvement of a Registered Intermediary in a case.
• Obtain the necessary consents from the witness, contact the Witness Intermediary Scheme matching service and submit a ‘request-for-service’ form.

Once a match has been achieved:

• The RI will conduct an assessment of the witness’s communication abilities and needs and provide a preliminary report for the interviewing police officer. The RI can assist during the ABE interview, intervening if necessary, to advise the police officer on communication with the witness.
• The RI writes a report for the court which is added to the Special Measures application.
• The application for special measures should be heard by a judge at the Plea and Trial Preparation Hearing (or magistrate at a preparatory hearing in the Magistrates Court)
• The RI can/will attend the witness’s court familiarisation visit to assist with communication. They can advise the Witness Service on matters relating to the witness’s welfare of which the RI (who is not a witness supporter) may be aware. They can advise on timetabling of the witness’s evidence and when and how the witness can watch their ABE interview to refresh their memory.

Requests for a Registered Intermediary can be made by contacting the NCA Major Crime Investigation Support via the referral form.

Witness Service are part of Citizens Advice umbrella and based in each court across the county. Witness Service provisions are accessed by the Victim and Witness Care Unit (VWCU) (see 3.3.1 below) prior to trial. Their volunteers provide:

• Information about what to expect in court, including pre-trial visits and information about court procedures.
• A quiet place to wait before being called to give evidence.
• Someone to escort a victim or witness into the courtroom to provide support.
• Practical help for victims and witnesses (for example with claiming expenses.)
• Provide easier access to people, such as court staff, who can answer specific questions about the case.
• Facilitate remote live links by attending remote vulnerable victim suites.

Witness Service - Outreach Scheme offers support to children through the court process to enable them to give best evidence. This service is offered by specifically trained volunteers who are able to meet with the child, often in their own home and offer age appropriate support to give them as much information as they require. This can include a pre-trial visit to the court to familiarise the child and to help alleviate some of the stress associated with appearing as a witness.

3.2.12. Restorative Justice

Restorative Justice (or RJ) brings those harmed by crime and those responsible for the harm into communication with each other, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward.

Police must, where appropriate, offer or direct victims to information on Restorative Justice and how they can take part.

The Police and Crime Commissioner has commissioned “Restorative Solutions” to provide RJ services to victims. The Restorative Justice Officer working for Kent Police may contact victims to ensure they have sufficient information about the RJ process, so that they can make an informed choice about whether they are happy to be contacted by Restorative Solutions and possibly engage in RJ. Kent Police Officers trained to Level 1 standard are able to use RJ instantly with little or no preparation. This is generally used alongside a Community Resolution.

If an Officer is not level 1 trained, or a restorative intervention requires more preparation/risk assessment (level 2) or is post-conviction (level 3), then a referral is required. Officers/police staff can make a referral using the Mobile First app or by contacting the Restorative Justice Officer.

Referrals can be made at any time of the Criminal Justice process, regardless of whether they have received a Community Resolution, any other out of court disposal, or charge. However, the Restorative Justice process cannot start until a case has been finalised. If a crime has not yet been dealt with by the CJ system, a referral can still be made; it will be monitored and once the CJ process has finished, the RJ process can proceed.

3.2.13. Compensation

The Criminal Injuries Compensation Authority (CICA) is an agency of the Ministry of Justice, which can provide compensation to people who have been physically or mentally injured because they were the victim of a violent crime in England, Scotland and Wales. The CICA implement a scheme that sets the criteria and amounts of compensation payable for blameless victims of violent crime.

CICA have a responsibility to confirm receipt of an application, provide information regarding progress, decision making regarding claims and information regarding review processes.
Vulnerable or intimidated victims are entitled to assistance to obtain information and in relation to application completion.

3.2.14. Assaults on Officers and Staff

Kent Police has implemented a specific plan for assaults on police officers and staff. The aims of this plan are to provide a high level of welfare and support for the officer/staff member concerned and to maximise opportunities to bring those responsible to justice.

1. Being a victim of any crime but in particular assault or hate crime will never be seen as 'just part of the job.'
2. A member of the Senior Leadership Team (SLT) must be informed as soon as is reasonably practicable of any assault or hate crime on an officer or staff member. The SLT member must review the investigation, resources allocated and welfare support for that individual. If the injury sustained is significant (e.g. ABH and upwards), the Police Federation/Unison should be made aware with the agreement of the officer or member of staff.
3. A hurt on duty form, and where appropriate a crime/incident report, must be completed by the supervisor.
4. Victim Code requirements and practice apply to victims of any crime but in particular victims of assault or hate crime.
5. The officer or staff member subject to any crime but in particular assault/hate crime must never be the investigating officer.
6. Careful consideration should be given as to whether an officer subject to any high impact crime but in particular assault/hate crime should write their own statement. Police staff should never write their own statement.
7. Best evidence must be secured to maximise the chances of prosecution.
8. Learning will be captured from incidents and will be fed back through training or briefings.

3.2.15. Domestic abuse involving Kent Police employees

See SOP N07a – Domestic Abuse: Sections 29-32.

3.2.16. Evidence Led Prosecutions (ELP)
If a victim does not wish to pursue a prosecution or withdraws their support for a prosecution at any time, it is incumbent on the attending/investigating officer to consider if it is appropriate to pursue an evidence led prosecution. If the withdrawal is post charge, the investigating officer should submit a report to the Crown Prosecution Service alongside a withdrawal/retraction statement.

3.2.17 Domestic Abuse victim unwanted contact from prisoners

Anyone can now make a request to stop any unwanted contact from a prisoner. For example, victim’s may be receiving contact from prisoners as are they are on their ‘social contacts’ list with the relevant prison or illicitly through other means, such as concealed mobile phones or via a third party.

There is a facility to request unwanted contact and can be made directly by the victim or someone acting on their behalf.

Victims, third parties, non-statutory and statutory agencies, along with police, can also request non-contact via completing the online form.

Each prisoner has a ‘social contacts’ list of persons they can communicate with by phone or letter, completing a non-contact request will seek to have the person removed from this list. The prison will require a rationale to support any request to remove.

Ordinarily the victim will have the matter discussed and will give consent to the request, however if there is sufficient safeguarding justification non-contact can be requested on their behalf. This may be especially important if the victim is subject to controlling and coercive behaviour, harassment, intimidation, exploitation or is particularly vulnerable. The prison will need sufficient detail on the reasons to enable them to consider the request.

Non-contact forms should always be considered on remand applications where there is a safeguarding concern for a victim or witness. Where subsequent non-contact is identified by any other person or department they should complete the online form directly and ensure the investigating officer is updated (such as the Victim and Witness Care Unit).

Following submission, the request will be sent to the relevant Governor within 1 working day. The Governor will make the final decision and the requester will be updated once the block has been authorised. Blocks will be put in place within 2 working days.

Prisoners will not be informed of who requested the block.

The victim must be updated that the block has been put in place and this contact recorded within the contact log in the victim tab on the investigation.

Any existing Court Orders can be added to the online application and requests should still be used as a method of preventing unwanted contact.
Requests can be made via:
• Complete the online form on the Gov.UK website - https://gov.uk/stop-prisoner-contact

• Email – [email protected]

• Telephone – 0300 060 6699 (Available Monday to Friday, 9am to 4pm)

If contact continues, where offenders are using other means such as concealed mobile phones, you must consider opportunities for prosecution. This must always be reported via the online portal as this will alert the prison and enables them to expand their response, such as completing cell searches. CPS must be made aware of any contact made where a block is in place.
If a new offence is believed to have been committed an officer must create an investigation on Athena where access permits. Alternatively, this must be referred to IMU to create.

 

3.3. Post Charge
3.3.1. Victim and Witness Care Unit (VWCU)

The VWCU deals with all cases that have been charged and have a civilian witness involved or are Not Guilty Anticipated Plea (NGAP). The VWCU's contact with the victims and witnesses will begin once the defendant has been charged and given a court date and ends once the case has reached its conclusion.
The Victim and Witness Care Unit will:

• Assign a Victim and Witness Care Officer (VWCO) as a single point of contact for victims and witnesses following charge.
• ln cases where a Guilty plea is anticipated, the VWCO will make contact with victims prior to the first hearing to identify any outstanding restraining order applications VPS submissions required.
• ln cases where a Not Guilty plea is anticipated, the VWCO completes a full needs assessment to identify support requirements, such as childcare, transport or even highlighting concerns of intimidation.
• Assist in identifying the need for special measures applications, restraining orders and compensation.
• Update victims and witnesses likely to be required for trial on key stages of the case, including the need to attend Court for trial.
• Update victims and witnesses on court results and explain sentences.
• Signpost victims and witnesses to other services as necessary (if not already done) such as Victim Support, The Witness Service, Independent Domestic Violence Advisors (IDVAs), Independent Sexual Violence Advisors (ISVAs) and counselling services.
• Warn police officers/staff to attend court.
• Liaise with Crown Prosecution Service to ensure the prosecution team are aware of all concerns with each witness.
• Liaise with the Witness Service to ensure volunteer support on day of trial and court familiarisation visits for victims and witnesses.
• Refer suitable victims to probation Victim Liaison Services.
• Co-ordinate the use of vulnerable victim suites to facilitate victims and witnesses giving evidence remotely including from home addresses.
• Ensure victims have had a Restorative Justice Offering.

This does not absolve an OIC of responsibilities post charge.

3.3.2. Trial
Throughout any trial or court proceeding, victims of crime are entitled to:

• Ask the court staff if they can enter the building through a separate entrance from the suspect.
• Be given a contact point within the court (usually witness services) so they can find out what is happening throughout.
• Where circumstances permit, meet the prosecuting advocate and to be provided with an explanation if there is to be a delay in proceedings.
• Wait in a seated area separate from the suspect and their family and friends.
• If a bereaved family relative in a qualifying case, be offered a meeting with CPS.
• Following conviction of a suspect, confirmation that a VPS has been made and that it is up to date.
• Be informed by WCU of the outcome of the trial (within 1 day of receiving the information.)
• Be directed by WCU to victim support services.

3.3.3. Sentencing and appeals
Victims are entitled to the following in relation to sentencing information and appeals:

• Informed by VWCU of the sentence given to the suspect within 1 working day of them being informed (including a short explanation.)
• Be referred to CPS who will answer questions about the sentence.
• If a bereaved family member in a qualifying case, entitled to the offer of a meeting with CPS in order to explain the sentencing.

 

• Be informed by VWCU of any notice to appeal re conviction or sentence.
• Be informed of the date time and location of any hearing.
• Be informed of the outcome of any appeal including changes to the original sentence.
• Be provided with a court contact point at any subsequent Court hearings.
• Be seated in court in an area separate to the appellant, their family and friends.
• Receive information about victim support services.
• Be told if the appellant is to be released on bail or if bail is varied.
• Receive updates on changes to hearings.
• Request a copy of the court’s judgement when published.
• Following grant of leave to appeal, bereaved family relatives are entitled to be offered a meeting with CPS to explain the nature of the appeal and the process.

3.3.4. Post-trial
Victims of crime have many entitlements post trial including (where a violent or sexual offender received 12 months in prison) services around the Victim Contact Scheme (VCS.) VWCU and the National Probation Service (NPS) have responsibility for ensuring these provisions are provided

3.4. Complaints
Victims of crime are entitled to be treated in a respectful, sensitive and professional manner without discrimination of any kind. Where service providers fail to do so or fail to provide the services required under the Code, victims are entitled to make a complaint and for that complaint to be swiftly and fully addressed.

Victims are entitled to receive information about how to make a complaint and acknowledgement or response within 10 working days if they do so.

3.5. Witness Charter
Witnesses play a vital part in the Criminal Justice Process. They are hugely important and should be afforded the same standards of service as victims of crime.

Despite not currently being a statutory requirement of service providers, the Witness Charter is similar to the Victim Code and sets out the expected standards of care for witnesses of crime in England and Wales. It provides 21 Standards through the witness’s journey from the time of reporting to post trial support and includes fair treatment and complaints.
It directs that witnesses will be treated fairly, with respect, without discrimination and will have equal access to information and support services.

It is essential that witnesses are made explicitly aware from the outset of the Witness Charter and the standards they can expect.

3.5.1. Witness definition

Competence and compellability:

Any person is a competent witness and is capable of giving evidence, but this is subject to two exceptions:
1. If it appears to the Court that they are unable to understand questions put to them as a witness and give answers to them that can be understood [Section 53(3) of the YJCEA 1999]

2. A person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution (no matter the number of defendants) (Section 53 (4) of the YJCEA 1999). A co-accused can only give evidence for the prosecution once he or she ceases to be a co-accused (for example, following a guilty plea.)

A witness is compellable if he or she may lawfully be required to give evidence. Most witnesses who are competent can be compelled to give evidence. The only exception relates to spouses (married) and civil partners who are only compellable to give evidence against their partner in the following circumstances:

• An allegation of an assault on, or injury or a threat of injury to the spouse or civil partner;
• An allegation of an assault on, or injury or a threat of injury to a person who was at the material time under the age of sixteen years;
• An alleged sexual offence against a victim who was at the material time under the age of sixteen years; or
• Attempting, conspiring or aiding and abetting, counselling and procuring to commit the offences in the categories above.
  (**Evidence gathering and compellability are separate issues.)

3.5.2. Witness Charter – Standards of Service

1. Ensuring fair treatment 
2. Reporting a crime or incident 
3. Making a statement 
4. Initial needs assessment by Police 
5. After a statement is given 
6. Action on intimidation 
7. Being kept updated after charge 
8. Follow up needs’ assessment 
9. Setting a court date 
10. Support at court 
11. Information - court and the process
12. Court facilities
13.Waiting times and supportive measures
14. Safety at court
15. The witness box
16. Cross examination
17. Being informed of trial outcome
18. Appeals
19. Post-trial support
20. Claiming expenses
21. Complaints

3.5.3. Making a Statement
Police may ask a witness to make a statement (or ABE) and become a prosecution witness. This is voluntary and it should be explained that:

• Providing a statement may require the witness to attend court in certain circumstances but they also may be required to attend court despite not making one.
• Court may not be the final disposal as there are numerous non-court avenues. Even if court is an eventuality, the victim may not be required to give evidence if the suspect pleads guilty or if the defence accepts the evidence.
• Even if a statement is not made, a witness may still be asked to give evidence (See 3.2.2 above)

As victims above, witnesses are entitled to a need’s assessments (see 3.5.4 below) and for vulnerable or intimidated witnesses (includes witnesses to gun or knife crime,) special measures considerations and support in relation to giving best evidence.

3.5.4. Initial Needs’ Assessment
The Witness Charter stipulates that the Police will carry out an initial assessment of the needs of a witness. This will cover when and how contact can be made and what language and communication needs there may be.

As with victims above, police will assess whether a witness is vulnerable or intimidated and consider all the special measures (see 3.2.6 above) that might help a witness provide their best evidence during the investigation and court stage.

Police will look at what other arrangements may be required and check the witness’s availability to attend court.

3.5.5. Witness updates and support
After a statement is given (or ABE completed) The police will regularly update a witness on progress during the investigation of a serious criminal offence. If the crime is less serious, the police will provide contact details so a witness can find out what stage the investigation has reached. A witness will be informed on the conclusion of the investigation.

It is the police’s responsibility to inform a witness when the defendant has been charged, whether the defendant has been released on bail to attend court or held in custody, and what relevant bail conditions apply.

A witness will be given the name and contact details of a Witness Care Officer (or in some cases of a police officer), who will be a single point of contact.

The police or Victim and Witness Care Unit will contact a witness after the first court hearing to update the outcome. They will explain what happens next, the trial date and the location of the court. They will keep a witness fully informed of the progress of the case once the defendant has been charged.

If a witness has been identified as vulnerable or intimidated, or has particular support needs, the Witness Care Unit will offer a full needs assessment to discuss concerns about attending court.

3.5.6. Court and trial

Standards 9 to 20 (see document at 3.5.2 above) set out what a witness can expect from service providers should there be a need for them to attend court. The Police, VWCU, His Majesty’s Courts and Tribunal Services (HMCTS) and defence (if appearing a defence witness) all have responsibilities in providing the services detailed within.

3.5.7. Complaints
Standard 21 details that if unhappy with the level of service received from any service provider, a witness can make a complaint through the internal complaints’ procedure of that service provider. This does not extend to any complaint about the judicial outcome, verdict or sentence.

4. Equality Impact Assessment

An Equality Impact Assessment has been carried out and shows the proposals in this SOP would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

This SOP has been assessed as medium risk.

6. Consultation

This SOP has been subject of previous extensive consultation. Where changes have been made, consultation has taken place with the relevant stakeholders.

7. Monitoring and Review

The current SOP is in line with the current Victim Code and Witness Charter and will be reviewed in line with any changes to either document. The Force Victim and Witness Champion will review as required.

Notwithstanding 7.1, this SOP will be reviewed yearly with the next review scheduled for March 2025.

8. Security

Kent Police has measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 – Information Management).

9. Retention and Disposal of Records

Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 – Records Review, Retention and Disposal).