RCPO
THE PROSECUTORS’ PLEDGE
Where there is an identifiable victim other than a government department the prosecutor will:
- Take into account the impact on the victim or their family when making a charging decision.
The case lawyer together with the investigator will decide whether there are any parties in the case who could be considered to be victims. In cases where a victim is identified RCPO will take into account what has been said in their witness statement when considering the charges, and ensure that the charge reflects the criminality of the offending.
- Inform the victim where the charge is withdrawn, discontinued or substantially altered.
The case manager will inform the victim if a charge is withdrawn or discontinued. It will not usually be appropriate to offer face-to-face meetings.
- Where practical, seek a victim’s view or that of the family when considering the acceptability of a plea.
In deciding on the acceptability of pleas the lawyer will keep in mind any views expressed by any victim.
- Address the specific needs of a victim and where justified seek to protect their identity by making an appropriate application to the court.
If appropriate the case lawyer will make appropriate special measures applications to seek to ensure that the victim or witness is able to give ‘best evidence’ before the court. This would include making an application to protect the identity of the victim or witness or prevent inappropriate reporting in the media.
- Assist victims at court to refresh their memory from their written or video statement and answer their questions on court procedure and processes.
The prosecution will introduce themselves to the victim at court and answer any questions on court procedure and processes. The prosecution team will ensure that the victim is given an opportunity to read their statement or to see their video taped statement before giving evidence.
- Promote and encourage two way communications between victim and prosecutor at court.
The prosecution team will ensure that the victim is kept informed of progress in the case, and encourage two way communication to enable the victim to pass to the prosecution team any information that may assist the conduct of the prosecution or have a bearing on an assertion made by the defence.
- Protect victims from unwarranted or irrelevant attacks on their character and may seek the courts intervention where cross examination is considered to be inappropriate or oppressive.
The prosecution team will be alert to any unwarranted or irrelevant attacks on the victim’s character, and will seek the intervention of the court where the prosecution considers that cross examination is inappropriate or oppressive.
- On conviction, robustly challenge defence mitigation which is derogatory to a victims character.
At the sentencing stage the prosecutor will challenge any assertion by the defence in mitigation that is derogatory to a victim’s character and which is considered false or irrelevant to proper sentencing considerations.
- On conviction, apply for appropriate order for compensation, restitution or future protection of the victim.
The prosecutor will always consider making an application for ancillary orders and will apply for confiscation, compensation, Company Directors Disqualification Act orders and travel and restriction orders wherever appropriate.
- Keep victims informed of the progress of any appeal, and explain the effect of the courts judgement.
The case progression officer will keep victims informed of any appeal, should they wish, and of the effect of the court’s judgment.