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

JurisdictionUK Non-devolved
CitationSI 2015/1811
Year2015

2015No. 1811

CRIMINAL JUSTICE

DEFENCE

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

21stOctober2015

23rdOctober2015

16thNovember2015

The Secretary of State is a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to criminal justice.

The Secretary of State makes the following Regulations in exercise of the powers conferred by that section:

Citation and commencement

1. These Regulations may be cited as the Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015 and shall come into force on 16th November 2015.

Armed Forces Code of Practice for Victims of Crime

2. The code of practice entitled "The Armed Forces Code of Practice for Victims of Crime" set out in the Schedule shall come into operation on 16th November 2015.

Effect of non-compliance

3.-(1) If a person fails to perform a duty imposed on him by the code of practice set out in the Schedule, the failure does not of itself make him liable to criminal or civil proceedings.

(2) But the code of practice is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code of practice in determining a question in the proceedings.

Mark Lancaster

Parliamentary Under Secretary of State

Ministry of Defence

21st October 2015

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...

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