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Victims right to review scheme

The purpose of this scheme is to make it easier for victims to seek a review of a police decision not to bring charges or to terminate all proceedings. The scheme applies to all National Recording Standard Offences committed after the 1st of April 2015 and for which a suspect has been interviewed under caution.

In these circumstances the following process is in place.

  • At the time of filing the report the officer in the case will inform the victim in writing of a decision not to proceed and of the right for that decision to be reviewed.
  • The scheme is available to all persons who have suffered harm or economic loss caused by a crime fitting the criteria.
  • You have three months from the date of notification to appeal via the Crime Management Unit or the Fraud Desk for Economic Crime matters.
  • The City of London Police will acknowledge the receipt of any review request within 10 working days.
  • The review will be allocated to an officer who is at least one rank higher than the original decision maker who is independent of the original investigation.
  • The reviewing officer will contact you to discuss the basis of your request for review.
  • Where ever possible the review will be undertaken within 30 working days of the review officer being appointed. In complex cases this period can be extended but you will be kept informed of any progress by the reviewing officer at mutually agr​eed intervals.
  • The reviewing officer must approach the case afresh and reach their conclusions on the following points.
    • Has all the available evidence been identified and taken into consideration
    • Is a further investigation required.
    • Should the matter be referred for a decision by the Crown Prosecution Service.
  • The outcome of the review and the rationale for the reviewing officer’s decision will be recorded in writing and will take precedence over the original decision. Factors that might lead to the original decision being overturned include:
    • Evidence has been misinterpreted or disregarded.
    • Failure to consider or an unreasonable decision to ignore relevant policy
    • Incorrect application of the law.
  • There are six potential outcomes of a review
    • The original decision of no further action is upheld.
    • The original decision is overturned and the suspect is charged or summonsed.
    • The original decision is overturned and the suspect is cautioned.
    • The original decision is overturned and the case is referred to the CPS for a charging decision.
    • The investigation is reopened and further enquiries are requested by the reviewing officer to enable a decision to be made.
    • The original decision is overturned but due to certain offences being subject to time limits proceedings can no longer be instigated.
  • The outcome of any review must be communicated to you in writing unless you have stipulated otherwise.
  • Suspects should not be made aware of the victims request for a review during the review process or in cases where the original decision not to prosecute is upheld.
  • In cases that are referred to CPS and they decided on no further action then the victim has the right to instigate a further review of the CPS decision.
  • If you remain dissatisfied with the outcome of the police review and wishe to pursue the matter further you can still apply to the high court for a judicial review.

The following cases do not fall within the scope of the right to review scheme:

  • Where no suspect has been identified and interviewed.
  • Where charges are brought in respect of some but not all of the allegations.
  • Where charges are brought in respect of some but not all of the suspects.
  • Where the offence charged relates to the matter complained about but the charge differs from the crime that was recorded; for instance charging a common assault against a recorded crime of actual bodily harm.
  • Cases which are concluded by way of out of court disposals (cautions etc.)
  • Cases where the victim retracts their complaint or refuses to cooperate with the investigation.