Victims' Right to Review (VRR) Solicitors

What is the Victim’s Right to Review (VRR)?

The Victims’ Right to Review is a scheme operating in England and Wales which allows victims of crime to challenge certain decisions made by the police or the Crown Prosecution Service (CPS). 

In particular, it allows a victim to request a formal review where a decision has been made not to prosecute a suspect/take no further action during a police investigation or to discontinue Court proceedings.

Who can apply to the Victims’ Right to Review?

The following people can apply for a VRR:

• A victim of a crime
• A close relative of someone who has died as a result of a crime
• The parent or guardian of a victim who is under the age of 18
• Someone who is representing a victim who has a disability or who has ​been badly injured as a result of a crime, which means they can’t represent themselves
• A business

You may also nominate someone to act on your behalf, such as a solicitor. 

It is important to note that the Victims’ Right to Review (VRR) scheme only applies in cases where a suspect has been identified and interviewed under caution. 

The VRR scheme does not apply in the following circumstances:

• Where a suspect has not been identified and interviewed
• Where only some charges are brought against some suspects
• Where a positive outcome has been reached against another individual connected to the incident (for example, a caution, community resolution, or a charge leading to a court appearance)
• Where a suspect is charged with a different offence to the one originally recorded or complained of (for example, being charged with common assault instead of actual bodily harm)
• Where the victim withdraws their complaint or chooses not to continue engaging with the investigation, and the police decide not to charge or refer the case to the CPS
• Where the victim’s complaint has already been withdrawn, or they are not engaging with the investigation
• Where an out-of-court disposal has been issued, such as a conditional caution or community resolution.

Victims’ Right to Review Schemes

There are two separate Victims’ Right to Review schemes. The scheme you apply under depends on who made the original decision not to prosecute or withdraw the proceedings. 

The police or the Crown Prosecution Service (CPS) may decide not to charge a suspect during an investigation. This is usually because they consider there to be insufficient evidence to meet the evidential threshold for prosecution, or because they believe it is not in the public interest to proceed.

If the police made the decision, you would apply under the Police VRR Scheme. If the CPS made the decision, you would apply under the CPS VRR Scheme.

In both cases, a request for a review must be made within three months of the decision not to charge. However, under the CPS VRR scheme, it is recommended that a request for review be made within 10 working days of the victim receiving the decision letter. 

Police VRR scheme

If the police decide not to charge a suspect, victims are entitled to receive an explanation for that decision. The Police VRR scheme allows victims to challenge this outcome.

The process: 

If you request a review, the process will vary slightly depending on the police force. However, the review will be carried out by a police officer who:

• was not involved in the original investigation, and
• is senior to the officer who made the initial decision

This ensures the review is conducted independently and objectively.

Possible outcomes: 

If the reviewing officer disagrees with the original decision:

• the suspect may be charged, or 
• the case may be referred to the CPS for a formal charging decision

If the officer agrees with the original decision, it will be upheld. 

CPS VRR scheme

The CPS VRR scheme provides for victims to request a review of a CPS decision not to bring a prosecution, or to stop an ongoing prosecution.

The process: 

If you request a review:

• A different prosecutor from the same CPS office will first review the decision.
• That prosecutor must apply the CPS Code for Crown Prosecutors, along with guidance issued by the Attorney General and the Director of Public Prosecutions.

If the reviewing prosecutor agrees with the original decision, there is a second stage:

• An independent review will be carried out by a separate CPS Appeals and Review Unit.

Following a CPS review, there are two possible outcomes:

• The original decision is overturned. 
• The original decision not to prosecute is upheld.