Case Studies

Code for victims of business crime

by Mark Rowe

Businesses which are victims of crime are entitled to receive services under a new Victims’ Code. This includes businesses or enterprises (such as charities) but not public sector bodies. For the code in full visit the gov.uk website.

For details in brief visit http://www.police.uk/news/victims-code/

To get the services as a victim of business crime the business has to give a named contact to the relevant service provider. In practice it means that a business can make an ‘Impact Statement’. This may be offered at the same time as a witness statement if appropriate, or by self-completion by post or by email; you can say whether the business would like to have relevant parts of the Impact Statement read aloud by a CPS Prosecutor before the defendant is sentenced. Whether all or part of the Impact Statement is read aloud is subject to the discretion of the court.

Businesses of all sizes can make an impact statement. The statement outlines how a crime has affected the business. The court must pass what it judges to be the appropriate sentence taking into consideration the circumstances of the offence and of the offender and where the court considers it appropriate, the impact on any victims. The named contact that made the statement may be required to attend a court hearing and be questioned on this statement.

The named point of contact can submit the statement by email or by fax or by post to the police. Making an impact statement does not prevent an individual victim
from making a separate ‘Victim Personal Statement’. You are entitled to access services under the code regardless of whether anyone has been charged or convicted of an offence relating to the criminal conduct and regardless of whether you decide that you do not wish to co-operate with the investigation.

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