Post by Milisha on Dec 12, 2008 20:41:16 GMT -5
PLEDGE: On conviction, robustly challenge defence
mitigation which is derogatory to a victim’s
character.
Where a defendant is convicted of a crime, and before
sentence is passed, his or her lawyer has an opportunity to
address the court to seek to explain why the crime may
have been committed and outline the personal
circumstances of their client. This is called mitigation. Where
mitigation casts unwarranted or unsubstantiated attacks on
the character of another who may or may not be a victim,
the prosecutor will challenge the account and may ask the
court to hear evidence to correct the defendant’s account.
Where this takes place the prosecutor may also make an
application to the court to prevent the defendant’s account
being reported by the media (newspapers and television).
PLEDGE: On conviction, apply for appropriate order
for compensation, restitution or future protection of
the victim.
The prosecutor will always consider whether there should
be an application for compensation or restitution on your
behalf. In appropriate circumstances the prosecutor may
also encourage the court to impose a restraining order to
ensure your future safety. In doing so, they will take into
account anything you have said in your Victim Personal
Statement.
PLEDGE: Keep victims informed of the progress of
any appeal, and explain the effect of the court’s
judgment.
If an appeal is lodged in your case, you will be advised by
the police/CPS Witness Care Units and kept informed about
what is happening. Where the court’s judgment affects the
sentence that has been passed on the defendant, the
prosecutor will explain the decision and consequences.
PLEDGE: Take into account the impact on the victim
or their family when making a Charging decision
The prosecutor will work closely with the police to build the
best possible case and seek to ensure that the charge
reflects the seriousness of the crime against you. Where
appropriate, the prosecutor will also take into account the
likely effect that the type of crime you have suffered may
have on your local community.
PLEDGE: Inform the victim where the charge is
withdrawn, discontinued or substantially altered.
You will be contacted by letter and informed as to the
reasons that this course of action was taken. In certain
crimes you may also be offered the opportunity of meeting
the prosecutor in person who will explain the decision.
PLEDGE: When practical seek a victim’s view or
that of the family when considering the acceptability
of a plea.
Where you have had to attend court and at that stage the
defendant indicates that he or she intends to plead guilty,
the prosecutor will, wherever possible, speak to you to
ensure that your views are taken into account when
considering whether to accept the plea.
PLEDGE: Address the specific needs of a victim and
where justified seek to protect their identity by
making an appropriate application to the court.
Prior to coming to court you will have been contacted by
the police/CPS Witness Care Unit who will have kept you
informed of developments in the case and considered with
you the best way for you to give evidence. You may also
have had contact with the Witness Service who will also
have provided support. You may also have been given the
opportunity to visit the court before the case to see where
you will give your evidence.
In some cases in order for you to give your evidence,
special arrangements will be made. This may involve a
range of options including giving your evidence via a
television link from a room that is away from the court
room. This will all be carefully explained to ensure that you
understand and are happy with the arrangements.
Prosecutors will also seek to ensure that in certain cases,
and where appropriate, the media (newspapers and
television) will not disclose your identity. Where this takes
place you will be kept informed throughout the process and
given a full explanation as to what is happening and, most
importantly, why.
PLEDGE: Assist victims at court to refresh their
memory from their written or video statement and
answer their questions on court procedure and
processes.
The prosecutor will introduce him or herself to you at court,
answer any questions you may have and give you an
indication of how long you may have to wait. The
prosecutor is not allowed to discuss your evidence with you,
but can answer any questions you have on court procedure
and processes. You will also be given an opportunity to read
your statement or see your videotaped statement before
you give evidence.
PLEDGE: Promote and encourage two-way
communication between victim and prosecutor
at court.
The prosecutor will ensure that you are told about the
progress of the case and, wherever possible, explain any
delay. The prosecutor will also explain how you may pass
any information to him or her during the case that you
believe may assist the court.
PLEDGE: Protect victims from unwarranted or
irrelevant attacks on their character and may seek
the court’s intervention where cross-examination is
considered to be inappropriate or oppressive.
The defendant, through his or her lawyer, may question
your evidence and it is their job to challenge your account
of events. However, the prosecutor will be alert during the
course of the trial to unwarranted or irrelevant attacks on
your character and, should these take place, will ask the
court to intervene.
mitigation which is derogatory to a victim’s
character.
Where a defendant is convicted of a crime, and before
sentence is passed, his or her lawyer has an opportunity to
address the court to seek to explain why the crime may
have been committed and outline the personal
circumstances of their client. This is called mitigation. Where
mitigation casts unwarranted or unsubstantiated attacks on
the character of another who may or may not be a victim,
the prosecutor will challenge the account and may ask the
court to hear evidence to correct the defendant’s account.
Where this takes place the prosecutor may also make an
application to the court to prevent the defendant’s account
being reported by the media (newspapers and television).
PLEDGE: On conviction, apply for appropriate order
for compensation, restitution or future protection of
the victim.
The prosecutor will always consider whether there should
be an application for compensation or restitution on your
behalf. In appropriate circumstances the prosecutor may
also encourage the court to impose a restraining order to
ensure your future safety. In doing so, they will take into
account anything you have said in your Victim Personal
Statement.
PLEDGE: Keep victims informed of the progress of
any appeal, and explain the effect of the court’s
judgment.
If an appeal is lodged in your case, you will be advised by
the police/CPS Witness Care Units and kept informed about
what is happening. Where the court’s judgment affects the
sentence that has been passed on the defendant, the
prosecutor will explain the decision and consequences.
PLEDGE: Take into account the impact on the victim
or their family when making a Charging decision
The prosecutor will work closely with the police to build the
best possible case and seek to ensure that the charge
reflects the seriousness of the crime against you. Where
appropriate, the prosecutor will also take into account the
likely effect that the type of crime you have suffered may
have on your local community.
PLEDGE: Inform the victim where the charge is
withdrawn, discontinued or substantially altered.
You will be contacted by letter and informed as to the
reasons that this course of action was taken. In certain
crimes you may also be offered the opportunity of meeting
the prosecutor in person who will explain the decision.
PLEDGE: When practical seek a victim’s view or
that of the family when considering the acceptability
of a plea.
Where you have had to attend court and at that stage the
defendant indicates that he or she intends to plead guilty,
the prosecutor will, wherever possible, speak to you to
ensure that your views are taken into account when
considering whether to accept the plea.
PLEDGE: Address the specific needs of a victim and
where justified seek to protect their identity by
making an appropriate application to the court.
Prior to coming to court you will have been contacted by
the police/CPS Witness Care Unit who will have kept you
informed of developments in the case and considered with
you the best way for you to give evidence. You may also
have had contact with the Witness Service who will also
have provided support. You may also have been given the
opportunity to visit the court before the case to see where
you will give your evidence.
In some cases in order for you to give your evidence,
special arrangements will be made. This may involve a
range of options including giving your evidence via a
television link from a room that is away from the court
room. This will all be carefully explained to ensure that you
understand and are happy with the arrangements.
Prosecutors will also seek to ensure that in certain cases,
and where appropriate, the media (newspapers and
television) will not disclose your identity. Where this takes
place you will be kept informed throughout the process and
given a full explanation as to what is happening and, most
importantly, why.
PLEDGE: Assist victims at court to refresh their
memory from their written or video statement and
answer their questions on court procedure and
processes.
The prosecutor will introduce him or herself to you at court,
answer any questions you may have and give you an
indication of how long you may have to wait. The
prosecutor is not allowed to discuss your evidence with you,
but can answer any questions you have on court procedure
and processes. You will also be given an opportunity to read
your statement or see your videotaped statement before
you give evidence.
PLEDGE: Promote and encourage two-way
communication between victim and prosecutor
at court.
The prosecutor will ensure that you are told about the
progress of the case and, wherever possible, explain any
delay. The prosecutor will also explain how you may pass
any information to him or her during the case that you
believe may assist the court.
PLEDGE: Protect victims from unwarranted or
irrelevant attacks on their character and may seek
the court’s intervention where cross-examination is
considered to be inappropriate or oppressive.
The defendant, through his or her lawyer, may question
your evidence and it is their job to challenge your account
of events. However, the prosecutor will be alert during the
course of the trial to unwarranted or irrelevant attacks on
your character and, should these take place, will ask the
court to intervene.