SCHEDULE
Regulations 2 and 3
Armed Forces Code of Practice for Victims of Crime
CONTENTS
The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015
PART 1 Introduction
CHAPTER 1 General
1.-6.General
CHAPTER 2 Which organisations have to provide services under this Code?
7.-10.Service Providers
CHAPTER 3 What kind of support can I expect as a victim of crime?
11.-12.Support
13.-14.Written Information
CHAPTER 4 Who is entitled to receive services under this Code?
15.-18.Victims of crime where an allegation has been made
19.Bereaved close relatives of a victim of crime
20.The family spokesperson for families bereaved by crime
21.The family spokesperson for victims of crime who have a disability or for victims who have been so badly injured as a result of a criminal offence that they are unable to communicate
22.The parent or guardian of a victim who is under 18 years of age
CHAPTER 5 Additional information for all those entitled to receive services under this Code
23.-24.General
25.-27.Information provided under this Code
28.-31.Interpretation and translation
32.What if my case is transferred to a civilian jurisdiction?
33.-34.What if I do not want to receive the services that I am entitled to under the Code?
35.What happens if I don't receive the services that I am entitled to under this Code?
PART 2 Enhanced Entitlements
CHAPTER 1 Victims entitled to receive enhanced entitlements
36.General
37.-43.How do I know if I am in one of the three groups who are entitled to receive enhanced entitlements?
44.Victims of the most serious crime
45.Persistently targeted victims
46.-48.Vulnerable or intimidated victims
CHAPTER 2 Special Investigation Measures
49.-52.Special Investigation Measures
CHAPTER 3 Special Measures
53.-54.Special Measures
55.Registered Intermediaries
PART 3 Victims' Entitlements - Entitlements for Adults
CHAPTER 1 Introduction
56.Introduction
CHAPTER 2 Service Police and Commanding Officers' Investigations
57.General
58.-69.Information, referral to victim support services and needs assessments
70.-77.Victim personal statement
78.-81.Victim personal statement and the Service courts and Summary Hearings
CHAPTER 3 Pre-Trial - Charge and Service Custody
82.-90.Charge and Service Custody
91.-94.Post-Charge
95.-99.Pre-Trial
100.Measures for victim's protection in case of escape
CHAPTER 4 Trial
101.-104.Attending Court as a Witness
105.-107.Attending a Summary Hearing as a Witness
108.-109.After the trial/Summary Hearing
CHAPTER 5 Sentencing Information
110.General
111.-112.Information to be provided
CHAPTER 6 Appeals
113.General
114.-116.If an application is made to the Summary Appeal Court to appeal against a conviction or sentence in the Summary Hearing
117.-118.If an application is made to the Summary Appeal Court to have a case stated for the opinion of the High Court
119.-121.If an appeal is made to the Court Martial against a conviction or sentence in the Service Civilian Court
122.If an application is made to appeal against a conviction or sentence to the Court Martial Appeal Court, or an application or appeal is made to the UK Supreme Court in a criminal case on a point of law
123.-124.The Court Martial Appeal Court and Victim Personal Statements
CHAPTER 7 Post-Trial
125.-128.Criminal Cases Review Commission
129.-131.Unwanted contact from offenders
132.-137.Armed Forces Victim Contact Scheme
138.Civilian Victim Contact Scheme
CHAPTER 8 How to make a complaint
139.-142.Complaints
CHAPTER 9 Transfer to Civilian Jurisdiction
143.General
PART 4 Victims' Entitlements - Entitlements for Children and Young People
CHAPTER 1 Introduction
144.-145.General
146.-148.How should I read this Part of the Code?
CHAPTER 2 Service Police and Commanding Officers' Investigations
149.General
150.Information provided to you when you report a crime
151.-158.Investigation
CHAPTER 3 Before the trial - charge, Service custody and information about the trial
159.-160.Charge and Service custody
161.-170.Preparation for the trial
CHAPTER 4 Trial or Summary Hearing
171.-172.Trial at Service court
173.-175.Summary Hearing
CHAPTER 5 After the trial
176.Expenses
177.General
178.The sentence
179.Victim Support Services
CHAPTER 6 Appeals
180.-183.Appeals
CHAPTER 7 After the Sentence
184.-186.Unwanted contact from offenders
187.-191.Armed Forces Victim Contact Scheme
192.Civilian Victim Contact Scheme
CHAPTER 8 How to make a Complaint
193.-196.Complaints
CHAPTER 9 Transfer to Civilian Jurisdiction
197.General
PART 5 Duties on Service Providers
CHAPTER 1 Introduction
198.General
199.-202.Victims under the age of 18
CHAPTER 2 Service Police Investigation
203.-211.Information, referral to victim support services and needs assessments
212.-222.Victim Personal Statement
223.-224.Referral
225.Appointment of a Victim Liaison Officer
CHAPTER 3 Commanding Officer's Investigation
226.-231.Information, referral to victim support services and needs assessments
232.-240.Victim Personal Statement
241.Appointment of a Victim Liaison Officer
CHAPTER 4 Charge and Pre-trial/Summary Hearing
242.General
243.-249.Commanding Officer's consideration of charge and Summary Hearing
250.-258.Director of Service Prosecutions' consideration of a charge
259.-261.Pre-Summary Hearing
262.-265.Pre-trial
CHAPTER 5 Trial/Summary Hearing
266.General
267.-269.Summary Hearing
270.-271.After the Summary Hearing
272.-275.Service court trial
276.-277.After the trial
CHAPTER 6 Sentencing information following Summary Hearing or trial
278.General
279.-281.Sentence
CHAPTER 7 Appeals
282.General
283.-285.If an application is made to the Summary Appeal Court to appeal against a conviction or sentence in the Summary Hearing
286.-287.If an application is made to the Summary Appeal Court to have a case stated for the opinion of the High Court
288.-290.If an appeal is made to the Court Martial against a conviction or sentence in the Service Civilian Court
291.-299.If an application is made to appeal against a conviction or sentence to the Court Martial Appeal Court, or an application or appeal is made to the UK Supreme Court in a criminal case on a point of law
CHAPTER 8 Post-trial
300.General
301.-304.Criminal Cases Review Commission
305.-306.Unwanted contact from offenders
307.-311.The Armed Forces Victim Contact Scheme
312.Civilian victim contact scheme - Scotland
CHAPTER 9 Complaints
313.-317.Complaints
CHAPTER 10 Transfer to civilian jurisdiction
318.General
PART 6 Definitions
319.Definitions
PART 1
Introduction
CHAPTER 1
General
General
1. Victims of crime should be treated in a respectful, sensitive and professional manner without discrimination of any kind. They should receive appropriate support to help them, as far as possible, to cope and recover and be protected from re-victimisation. It is important that victims of crime know what information and support is available to them from reporting a crime onwards and who to request help from if they are not getting it.
2. This Code( 3) sets out the services to be provided by Service justice organisations and persons to victims of crime committed by persons subject to Service law or civilians subject to Service discipline.
3. This Code sets a standard for these services. Service providers can choose to offer additional services and victims can choose to receive services tailored to their individual needs that fall below the set standard.
4. For the purposes of this Code, a "victim" is:
(1) a natural person( 4) who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence( 5);
(2) a close relative (see definitions in Part 6 of this Code) of a person whose death was directly caused by a criminal offence and who has suffered harm as a result of that person's death.
5. Enhanced entitlements are provided to victims of the most serious crime, persistently targeted victims and vulnerable or intimidated victims. These three categories are explained in Part 2 of this Code.
6. In addition to this Introduction which is important to read, table 1 below shows which Parts of the Code may be relevant to you. Each Part allows you to follow your journey through the Service justice process and find out what you are entitled to at each stage.
Table 1
Person |
Parts of the Code |
An adult victim of crime entitled to services under the Code |
Parts 2 and 3 |
A victim under 18 years of age entitled to services under the Code |
Parts 2 and 4 |
An organisation providing services to victims under the Code |
Parts 2, 3, 4 and 5 |
CHAPTER 2
Which organisations...