The Victims’ Code: If You Investigate or Prosecute, Assume It Applies to You

The Victims’ Code is often treated as a police and CPS document. For anyone who investigates or prosecutes, that view is out of date, and the Code itself says why.

What the Code is

The Code of Practice for Victims of Crime in England and Wales sets out the services, and a minimum standard for those services, that must be provided to victims of crime by organisations called service providers. It is issued under section 32 of the Domestic Violence, Crime and Victims Act 2004, and the current Code came into operation on 1 April 2021 (SI 2020/1314).

The Code defines a victim as “a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence”. It also covers a close relative of a person whose death was directly caused by a criminal offence.

It now has statutory teeth

Since 29 January 2025, section 5 of the Victims and Prisoners Act 2024 has required those providing services under the Code to provide them in accordance with it, unless they have good reasons not to. Organisations must have a process for victims to complain about an alleged failure. A failure does not of itself create legal liability, but the Code is admissible in evidence and a court may take a failure into account.

Who is bound?

The Code names a wide range of organisations, including police forces, Witness Care Units, the Crown Prosecution Service, HM Courts and Tribunals Service and HM Prison and Probation Service. Other bodies, including the Environment Agency, HSE, HMRC, the ICO and the Serious Fraud Office, are covered where they accept formal responsibility for a criminal investigation or a decision to prosecute.

Then comes the sentence that matters for everyone else. The Code says that where functions are equivalent — “for example the other service provider is investigating or prosecuting an alleged offence” — “they must deliver the same Rights without unjustified delay, regardless of whether the other service provider is listed above.”

BDG’s position: if you investigate or prosecute criminal offences, assume the Code applies to you. That includes local authority and regulatory investigators who take formal responsibility for a criminal investigation or a decision to prosecute. If your role touches victims but you are not investigating or prosecuting, best practice is still to follow it. If you are unsure where your team sits, check your enforcement or prosecution policy, or ask your legal adviser.

The twelve rights

Victims are entitled:

1.        To be able to understand and to be understood

2.        To have the details of the crime recorded without unjustified delay

3.        To be provided with information when reporting the crime

4.        To be referred to services that support victims and have services and support tailored to their needs

5.        To be provided with information about compensation

6.        To be provided with information about the investigation and prosecution

7.        To make a Victim Personal Statement

8.        To be given information about the trial, trial process and their role as a witness

9.        To be given information about the outcome of the case and any appeals

10.    To be paid expenses and have property returned

11.    To be given information about the offender following a conviction

12.    To make a complaint about their Rights not being met

Enhanced rights

Three groups are entitled to enhanced rights.

Victims of the most serious crime, including those bereaved by a criminal offence and victims of domestic abuse, hate crime, terrorism, sexual offences, human trafficking and modern slavery.

Persistently targeted victims. And vulnerable or intimidated victims: anyone under 18 at the time of the offence, anyone whose evidence is likely to be affected by a mental disorder, physical disability or physical disorder, and anyone whose evidence the service provider considers will be affected by fear or distress about testifying.

What it looks like day to day

Compliance is delivered by individuals, not policy documents:

• First contact — Rights 1 to 3: record without unjustified delay, check understanding, give the required information.

• Investigators — Rights 4, 6 and 7: referral to support, keeping the victim informed, the Victim Personal Statement.

• Supervisors — identify enhanced-rights victims early.

• Everyone — Right 12: know your complaints process and tell victims about it.

On the horizon

The Ministry of Justice consulted on a new Victims’ Code from 5 February to 30 April 2026. Until a new Code is laid and brought into force, the current Code applies.

Train with BDG. See our investigation courses. Read Edition 7 of The Investigator Bulletin in full at https://www.bdgtrainingconsultancy.co.uk/investigator-bulletin.

To discuss your team’s needs, email info@bdgtrainingconsultancy.co.uk.

Sources: Ministry of Justice, Code of Practice for Victims of Crime in England and Wales, gov.uk (updated 29 January 2025), including “Who is responsible for meeting the Rights under this Code?”; Domestic Violence, Crime and Victims Act 2004 (Victims’ Code of Practice) Order 2020 (SI 2020/1314); Victims and Prisoners Act 2024 s.5 and SI 2025/95; Ministry of Justice, A new Victims’ Code — consultation (CP 1502-I), 30 January 2026.

This article is a training and awareness summary and does not constitute legal advice your own organisation’s policy and legal adviser take precedence.