Your rights
Anyone can be affected by crime at any time. Many people have little or no knowledge of the criminal justice process and are unaware of their rights as victims or witnesses and so are unable to exercise them.
If people impacted by crime don’t know what rights they have, they are immediately at a disadvantage when it comes to accessing the support they need as well as knowing what they can expect from the justice system. We can support people in understanding their rights as a victim of crime.
Victim and witness rights are set out in the Scottish Government’s Victims’ Code for Scotland.
When it comes to my own experience of the criminal justice system, I didn’t feel I had a voice. I’ve spent more time talking about my experience for the sake of people affected by crimes similar to my own, bypassing the fact that the system was part of what made my experience not okay.
Right to minimum Standards of Service
Victims and witnesses are entitled to a certain level of support and information from the organisations they deal with in the criminal justice system.
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Right to information
Under the Right to Information, you can track your case's progress through justice agencies and, in some cases, receive updates on offender releases through the Victim Notification Scheme.
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Right to participation
The Right to Participation means that you have the ability to understand and take part in the justice system processes for your case.
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Right to protection
Your physical, emotional and mental wellbeing is protected with this right, including preserving your privacy, keeping you safe and limiting any re-traumatisation during interviews.
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Right to support
You have the right to support during and after a crime, including special measures for vulnerable witnesses and certain crime victims. Contact Victim Support Scotland for assistance.
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Right to compensation and expenses
You are entitled to be reimbursed for certain costs associated with attending court, have your property returned to you once trial proceedings are concluded and, in some cases, can receive compensation.
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Right to complain
If, as a victim of crime, you think any of your rights have been breached, you can complain to the relevant criminal justice agency by asking for details of their complaints procedure.
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