The right to request a review applies if the Police make a decision:

1. To take No Further Action (“NFA”), or
2. Do not refer the case to the Crown Prosecution Service (“CPS”) for a charging decision

The Police scheme involves one stage whereby an officer independent of the original investigation and, usually, senior to the initial officer dealing, will conduct a review of the case.  The nominated reviewing officer should look at the case afresh and consider if the original decision was “wrong”.

When a decision has been made by police to take ‘no further action’ or refer a case to the CPS for a charging decision, the victim is entitled to have the reasons for such a decision explained. The information provided should be sufficient enough for a victim to make a decision as to whether they want to make a VRR request. Reasons should ideally be provided in writing but this can also take place in the form of a face to face meeting with the decision maker. Where a meeting is not offered it can be requested by the victim.

In many cases police provide no/limited reasons for the NFA decision leaving a victim feeling frustrated and further let down by the process. It is important to obtain as much information as possible for the reasons behind the decision so that that these can be properly challenged via the VRR scheme.

A police VRR would challenge the assessment of evidence, further investigations, consideration of alternative offences, correct application of the law, the decision not to refer the case to the CPS and a request to re-open the case and refer it to the CPS.
The VRR is not a mechanism to make a complaint against the police for misconduct.
Whilst each Police force has its own VRR process, most forces offer information on their websites.

Time frame

Police VRR requests should be made within three months from the date of the decision.

There is a possibility of an extension, but this is at the discretion of the police on a case-by-case basis, following an application with good reasons for the delay. 

There can be many plausible reasons why a victim has not made a request in a timely manner; sometimes even trying to process the decision not to prosecute can take time to come to terms with. 

If you are close to the three-month deadline, or the three months have lapsed and you are technically out of time to make a VRR request, do not let this deter you from exercising your right under the VRR scheme. Please get in touch with us and we will be happy to discuss your options.

If you have already requested a VRR and now wish to put in representations to support the VRR, then a request to put the VRR on hold should be made as soon as possible. We can assist with this so please do not hesitate to contact us.  

Outcome of Police VRR

The original decision is overturned and the perpetrator is charged/summonsed to attend court

• The original decision is overturned and the case is referred to the CPS to make a charging decision
• The original decision is overturned and the suspect is dealt with by way of an out of court disposal
• Further enquiries are necessary before a review can be concluded/completed
• Original decision overturned but case is statute-barred
• The original decision to take no further action is upheld

If a victim is dissatisfied with the outcome of the VRR this may be challenged via an application to the High Court for a Judicial Review.

There are usually two stages to the CPS VRR scheme:

Stage 1: Local resolution –  a review is undertaken by a different local prosecutor i.e. a prosecutor from the same office. The lawyer assigned will review the decision not to prosecute and decide if that decision was wrong.

If the decision not to prosecute is upheld at stage 1, the victim can, within 10 days, refer the decision to the Appeal and Review unit (stage 2, see below) and provide further representations to be considered.

Stage 2: Appeal and Review unit – a full independent review conducted by the Appeals and Review Unit of the CPS. The nominated reviewing lawyer will look at the case afresh and consider whether a prosecution should commence.

Where a decision has been taken not to pursue a prosecution the CPS should provide the victim with a detailed written explanation, and for certain offences conduct a meeting to explain the decision. Where reasons given are limited/inadequate then a request for detailed reasons can be made.

Time limits

A VRR under the CPS VRR scheme should be requested within five working days from the date of the decision not to prosecute and the CPS can also consider a request made within three months of the original decision.

An out of time review may be considered but only in exceptional circumstances.
There can be many plausible reasons why a victim has not made a request in a timely manner. If you are close to the three-month deadline, or the three months have lapsed and you are technically out of time to make a VRR request, do not let this deter you from exercising your right under the VRR CPS scheme. Please get in touch with us and we will be happy to discuss your options.

If you have already requested a VRR and now wish to put in representations, then a request to put the VRR on hold should be made as soon as possible.
A request to put a VRR on hold and for extra time is not automatically granted by the CPS and therefore time limits should be upheld wherever possible. We understand that in some instances this may not be possible, and we are happy to assist in making the necessary applications to the CPS.

Outcome of CPS VRR

Following a VRR the original decision not to prosecute/close the investigation can be upheld or overturned along with other possible outcomes. There may be new evidence that arises or other relevant matters raised that need to be explored/investigated. Therefore, the CPS may refer the matter back to the police to re-open the investigation.

If a victim is dissatisfied with the outcome of the VRR this may be challenged via an application to the High Court for a Judicial Review.