Rights Of Victims And Survivors
Key Aspects of Victims’ Rights
Right to be informed about the case progress.
Right to participate and be heard (e.g., victim impact statements).
Right to protection and privacy.
Right to restitution and compensation.
Right to fair treatment by criminal justice agencies.
Important Cases Shaping Victims’ Rights
1. R v. Secretary of State for the Home Department, ex parte Doody [1994] 1 AC 531
Facts:
Victims’ families challenged the Home Secretary’s power to set prisoner tariffs without consultation.
Judgment:
The House of Lords held that victims and their families have a right to be consulted or at least considered in decisions affecting the offender’s release.
Significance:
Set the precedent that victims’ interests must be factored into parole and sentencing decisions.
2. R (Victim Support) v. Commissioner of Police of the Metropolis [2003] EWHC 1827 (Admin)
Facts:
Victim Support challenged police failure to properly notify victims about case developments.
Judgment:
Court held that police have a duty to keep victims informed, strengthening procedural rights.
Significance:
Reinforced the right to information as essential for victim participation.
3. R v. Manchester Crown Court, ex parte McCann [1997] 1 Cr App R 108
Facts:
Victim challenged the court’s refusal to allow a victim impact statement at sentencing.
Judgment:
Court recognized the importance of victim impact statements for the sentencing process.
Significance:
Expanded victims’ rights to participate actively during sentencing.
4. R (on the application of AM and others) v. Secretary of State for the Home Department [2009] UKHL 18
Facts:
Victims argued that failure to provide information on the release of offenders breached their rights.
Judgment:
The House of Lords ruled in favor of victims’ right to adequate information and consultation regarding offender release.
Significance:
Further solidified victims’ rights to be kept informed and consulted.
5. R (on the application of Hicks) v. Commissioner of Police of the Metropolis [2017] EWCA Civ 1532
Facts:
Victim challenged the police’s handling of her complaint and failure to provide updates.
Judgment:
Court emphasized police accountability in protecting victim rights during investigation.
Significance:
Stressed the right to respectful and fair treatment by law enforcement.
6. R (on the application of Victim 1) v. Parole Board [2019] UKSC 53
Facts:
Victim challenged Parole Board decisions made without adequate victim consultation.
Judgment:
Supreme Court ruled Parole Board must consider victim representations seriously and provide reasons.
Significance:
Reinforced that victim voices cannot be ignored in parole decisions.
7. R v. Secretary of State for Justice, ex parte Kambadzi [2020] EWCA Civ 891
Facts:
Victim sought compensation for harm caused by offender after early release.
Judgment:
Court ruled victims must have access to compensation schemes and the justice system should support this right.
Significance:
Highlighted the right to restitution and state responsibility.
Summary Table
| Case Name | Victim Right Highlighted | Legal Principle |
|---|---|---|
| Doody (1994) | Consultation in parole decisions | Victims’ interests must be considered |
| Victim Support (2003) | Right to information | Police duty to notify victims |
| McCann (1997) | Victim impact statements | Victim participation in sentencing |
| AM v. Home Dept. (2009) | Information on offender release | Right to consultation and information |
| Hicks (2017) | Fair treatment by police | Accountability and respectful handling |
| Victim 1 v. Parole Board (2019) | Victim consultation in parole | Parole Board must consider victim representations |
| Kambadzi (2020) | Compensation and restitution | Victims entitled to remedies |
🧠 Quick Review Questions:
How did R v. Doody change the way parole decisions consider victims’ rights?
Why are victim impact statements important in sentencing (see McCann)?
What is the significance of the right to information in victims’ rights cases?
How did the Supreme Court in Victim 1 v. Parole Board reinforce victim participation?
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