ABSTRACT

In view of their status as witnesses for the prosecution, victims have no legally enforceable right to participate in the English criminal process. The extent to which their inability to participate has exacerbated their experiences of secondary victimisation, particularly in serious offences, such as rape and domestic violence, has been demonstrated in Chapter 4. Even victims of less serious offences may find the criminal process intimidating. In order to reduce this secondary victimisation, reforms have been introduced recently permitting victims a limited degree of participation. As regards the pre-trial process, the CPS is now required to consider the effect on victims of its decisions to continue or discontinue prosecutions and to accept defence pleas. In addition, victims may make Victim Personal Statements indicating the impact of the offence, which must be considered by the court at the sentencing stage. The UK is also conducting pilot projects concerning the use of Family Impact Statements (FIS) and lawyers for the families of homicide victims at sentencing.