UK perspectives on legal aid for crime

victims.

Louise Taylor, Nottingham Trent University

9th June 2014.

Jurisdictional issues.

The Code of Practice for Victims of Crime 2013 (England and Wales).

• Enshrines service standards which were put on a statutory basis for the first time under the Domestic Violence, Crime and Victims Act 2004.

• Revised Code published in 2013 to accommodate Directive 2012/29/EU.

• Code does not contain legally enforceable rights for crime victims (see s. 34).

Definition of ‘victim’ under the Code.

•“A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by criminal conduct”.

OR

•“A close relative of a person whose death was directly caused by criminal conduct”.

The status of crime victims in English domestic law.

• Bipartisan adversarial system of justice.

• No special party status beyond that of witness.

• No legally enforceable victims’ rights, only service standards.

Criminal legal aid (general)

•Legal aid is governed by the Legal Aid Agency, which is part of the Ministry of Justice.

•Significant recent cuts in legal aid provision – austerity measure.

•Current climate likely to be hostile to development of further legal aid provision.

Legal aid provision for crime victims.

•Due to their lack of party status crime victims are thought not to require, and therefore have no entitlement to, legal aid. However, victims can access:–State funded support/advocacy services;

–Criminal injuries compensation;

–Legal aid to pursue civil actions connected to the criminal matter, e.g. civil injunctions to protect domestic violence victims (but only limited provision).