Make a victim personal statement to the Parole Board

Who can make a victim personal statement and when

The Parole Board decides if prisoners who are eligible for parole can be released. It also makes recommendations on whether it’s safe for prisoners to be:

transferred to an open prison

given a temporary release under supervision (known as being ‘on licence’ or probation)

Victims

You can make a ‘victim personal statement’ to be presented at the Parole Board hearing if you’re a victim of the prisoner.

This is sometimes known as an ‘impact statement’.

If you’re in Scotland, you need to make a written representation to the Parole Board for Scotland.

You can use your statement to explain how the crime has affected you - from the time it was committed until now.

This includes the effect the crime has had on you and your family:

physically

mentally

emotionally

financially

Relatives of victims

You can make a victim personal statement if you’re a close relative of a victim who:

has died

is aged under 18

cannot make a statement themselves - for example, because of mental incapacity or illness

Close relatives include spouses and partners, parents, children, grandparents, grandchildren, siblings and dependants. Other family members, guardians and carers of victims may also be allowed to make a statement.

When more than one relative wants to make a statement, the Parole Board may ask for 1 or 2 statements to represent them all.

When to make your victim personal statement

If you choose to join the Victim Contact Scheme, your Victim Liaison Officer will tell you when a prisoner is being considered for parole.

They’ll tell you when to write your victim personal statement. They’ll also send it to the Parole Board for you at least 28 days before the hearing.

If you did not join the Victim Contact Scheme, you can contact your local probation office about:

giving a statement

joining the scheme if you want to be told when a prisoner is being considered for release or transfer

The Parole Board has more information about making a victim personal statement and joining the Victim Contact Scheme.

How a victim personal statement is used

The Parole Board panel makes a decision based on whether a prisoner is a risk to the public.

The panel can use your victim personal statement to help it:

understand the impact of the crime

decide what questions to ask the prisoner, to find out about their understanding of how their crimes have affected victims

decide what the prisoner can and cannot do (known as ‘licence conditions’) if they’re released

The Parole Board will make its decision by:

privately reviewing a file of information and reports about the prisoner

holding a hearing, if the board needs more information

You can ask to attend the hearing to read out your statement if you want, or have it read out for you. The Parole Board decides if you can attend.

Write your victim personal statement

Your victim personal statement is your opportunity to explain how a crime has affected you and your family - for example, physically, emotionally, financially or in any other way.

You can update the statement that you wrote for the prisoner’s trial or write a new one.

Your statement should take less than 10 minutes to read out.

You can usually choose how your statement is presented at an oral hearing.

You must always submit a written version of your statement.

What to include

You need to include how the:

crime affected you at the time

crime has affected you since it happened

prisoner’s release or move to an open prison would affect you, your family, friends or  community

Do not include:

whether you think the prisoner should be released

long descriptions of the original crime

any threats or critical comments to or about the prisoner or the Parole Board

Tell your Victim Liaison Officer if you think you have other information that will help the Parole Board make a decision.

Young victims and children

If you do not want to or cannot make a written victim personal statement, you can tell your Victim Liaison Officer about how:

you and your family were hurt

the crime makes you feel now

you think you would feel if the prisoner was released

Your Victim Liaison Officer will write this down and give it to the Parole Board.

Your parent or guardian can also make a statement if they want to.

The prisoner’s access to your victim personal statement

Prisoners usually have full access to all victim personal statements presented at their hearing.

Speak to your Victim Liaison Officer if you do not want the prisoner to have access to your statement.

You’ll need to make a good case that it will:

put you or your family at risk

have a negative effect on you in some other way

Statements are only withheld from prisoners under exceptional circumstances.

Choose how your victim personal statement is presented at the hearing

You’ll usually have a choice of how your victim personal statement is presented at the hearing.

You can ask:

for the Parole Board panel to read your statement themselves

to attend the hearing and read out your statement in person

to attend the hearing and choose someone else to read out your statement

to choose someone to go the hearing instead of you and read out your statement

Because of coronavirus (COVID-19) you cannot currently attend hearings in person. You will have to submit your statement remotely.

At some hearings you may be able to read out your statement via a live video link or make a recording for the panel.

Requests by victims to attend hearings are usually granted, but it’s not a legal right and you can be refused.

You can usually bring your Victim Liaison Officer or a family member or friend if you come to the hearing.

People under 18 years of age usually cannot attend parole hearings in person and must choose one of the other options, such as getting someone else to read out your statement.

What happens at a parole hearing

You’ll be asked to read out your victim personal statement (unless someone else is reading it for you).

You will not be able to add anything to your written statement at the hearing and will not usually be asked questions.

After you’ve made your statement you’ll be asked to leave and the hearing will continue.

Your Victim Liaison Officer will tell you the outcome.

Read the guide on getting parole for detailed information on what happens at a parole hearing.

Prisoners at parole hearings

Prisoners are usually not present while their victims read their statements. The prisoner’s legal representative is usually there.

You can ask that the prisoner is present while you read your statement, but they’ll need to agree to this and the Parole Board has to allow it.


Represent yourself in court

Overview

You have the right to speak for yourself in court without a solicitor or other legal professional.

You may choose to do this because:

you think it’s better to talk directly to the judge, jury or magistrates yourself

you cannot afford to pay legal fees

If you’re considering representing yourself because you cannot afford legal costs, check if you can get legal aid instead.

You’ll be known as a ‘litigant in person’ if you represent yourself. You’ll also be known as an ‘applicant’, ‘respondent’ or ‘defendant’ depending on whether your case is heard in a family, civil or criminal court.

Read Advicenow’s guides to going to court for advice on how to conduct your case.

There are different courts and rules in Scotland.

Someone with you in court

You may be allowed to have someone to help you in court by taking notes and giving advice, but they cannot:

speak for you

interfere with proceedings

sign documents on your behalf

This person is known as a ‘McKenzie friend’.

The judge will decide whether you can have a McKenzie friend with you in court.

Read guidance on what a McKenzie friend can and cannot do.

Get legal advice

You can still get legal advice to help you with your case, even if you choose to represent yourself in court.

Find a solicitor.

Read advice on what you should consider before going to court for a debt, dispute or personal injury claim.

Divorce and separation involving children

You’ll be referred to as the ‘applicant’ if you brought the case, for example you filed the divorce papers.

You’ll be known as the ‘respondent’ if you’ve received divorce papers or a request for a separation, or a contact order or residence order for a child.

Before you go to court

You must normally go to mediation before you go to court.

The court will not hear your case until you send them a C100 form.

Read guidance about whether you should take your case to court.

Read the ‘Guide for Separated Parents: Children and the Family Courts’.

Find out more about:

how to apply for a court order

the types of court order you can apply for or respond to

what the court does after you apply for a court order

getting free and independent help with forms and documents

Divorce and separation: money and property

You’ll be referred to as the:

‘applicant’ if you brought the case, for example you filed a divorce petition

‘respondent’ if someone else has brought the case

Find out what you must do before you go to court if you’re divorcing or separating and you’ve a dispute about money or property.

You must normally consider mediation before you go to court.


Solve a residential property dispute

Overview

You can apply to the First-Tier Tribunal (Property Chamber - Residential Property) if you’re a landlord, tenant, freeholder, leaseholder, park home occupier or site owner. The cases you can apply for include:

rent increases for ‘fair’ or ‘market’ rates

leasehold disputes, for example variable service charges, recognising a tenants’ association, management disputes

leasehold enfranchisement, for example buying the freehold for a group of flats, extending a lease

disputes about park homes, for example breach of agreement, changing the pitch fee

financial penalties issued by local authorities

rent repayment orders

improvement notices and prohibition orders where your notice is under the Housing Act 2004

disputes about licences for houses in multiple occupation

the right to buy your council home being refused because it’s deemed suitable for elderly people

banned tenant fees you paid to a landlord or letting agent, for example fees for a credit check

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

There are different ways to apply in Wales, apply in Scotland and apply in Northern Ireland.

Help you can get

You may want to get help and advice before you apply - contact Leasehold Advisory Service or Citizens Advice.

You can also get legal advice, including from a lawyer.

Apply to the tribunal

Download and fill in the right form for your application.

Why you’re applying | Form | Guidance

Rent | See the form finder | Leaflet T540

Service charges and leasehold management | See the form finder | Leaflet T541

Leasehold enfranchisement | Form ‘Leasehold 9’ | Leaflet T542

Houses in multiple occupation and selective licensing | Form HMO | Leaflet T543

Improvement notices, prohibition orders, demolition orders | Form HHSRS | Leaflet T543

Park homes | See the form finder | Leaflet T544

Financial penalties appeals under the Housing Act 2004 | Form HO4 | Leaflet T543

Financial penalties appeals under the Tenant Fees Act 2019 | Form TFA2 | Leaflet TFA3

Rent repayment orders | Form RRO1 | Leaflet T543

Recognising a tenants’ association | Form TA | Leaflet T545

Right to buy your council home is refused | Form RTB1 | Leaflet T546

Tenant fees charged by landlord or letting agent | Form TFA1 | Leaflet TFA3

All other cases | See the form finder |

Fees

You may have to pay a fee to apply - the form will say how much. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Send the form

Email the form to the regional office that covers your area.

What happens next

You’ll be told whether the tribunal will consider your case. You may need to provide more evidence, for example additional supporting documents.

You may be told that the case does not need a hearing and can be decided on your application alone (known as a ‘paper decision’). You can still ask for a hearing (‘oral hearing’) if you’d like one.

What happens at the hearing

What happens will depend on whether you’ve asked for a paper decision or an oral hearing.

Paper decision

There will not normally be an oral hearing if you ask for a paper decision, unless a judge requests one.

The paper decision will be based on:

your application

supporting documents

You’ll usually get a decision within 6 weeks of the tribunal looking at your documents.

Oral hearing

Because of coronavirus (COVID-19), your hearing may take place by phone, by video or in person. Find out what to expect if you’re attending a hearing in person. The tribunal will contact you and tell you how the hearing will take place.

The hearing is public. You’ll present your case to the tribunal - someone else can do this for you, for example a legal adviser, surveyor, friend or family member.

You may be asked questions by:

your representative (if you have one)

the other party’s representative

the tribunal hearing your case

You’ll usually get a decision within 6 weeks of the hearing.

If you're unhappy with the decision

You may be able to appeal if you’re unhappy with the decision. Ask the tribunal for permission to appeal to the Upper Tribunal (Lands Chamber) within 28 days of the hearing’s decision.

Contact HM Courts and Tribunals Service (HMCTS) if you want to complain about the quality of service you received.

Legislation and previous decisions

Previous decisions

Search the decisions database to see how and why previous decisions have been made.

Legislation

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013.

Rent disputes

The tribunal will make a decision based on the:

Rent Act 1977

Rent Acts (Maximum Fair Rent) Order 1999 - this limits the amount of rent that can be charged

Local Government and Housing Act 1989 - this covers long leases at low rent

Housing Act 1988

Park homes

Caravan Sites and Control of Development Act 1960

Mobile Homes Act 1983

Leasehold disputes

Landlord and Tenant Act 1985

Landlord and Tenant Act 1987

Commonhold and Leasehold Reform Act 2002

Rent repayment orders

The tribunal will make a decision based on part 2, chapter 4 of the Housing and Planning Act 2016.

‘Housing Act 2004’ appeals

The tribunal will make a decision based on Housing Act 2004 in certain cases. See:

part 1, chapter 2 for the law on improvement notices and prohibition orders

part 1, chapter 4 for the law on demolition orders

part 1, chapter 3 for the law on emergency remedial notices or emergency prohibition orders

part 2 for the law on licensing houses in multiple occupation

part 3 for the law on selective licensing

part 4, chapter 2 for the law on empty dwelling management orders

Leasehold enfranchisement

Leasehold Reform, Housing and Urban Development Act 1993

Leasehold Reform Act 1967

Landlord and Tenant Act 1987


Staying in touch with someone in prison

Letters, video and telephone calls

Letters

You can contact a prisoner by writing to them. Write the person’s prisoner number on the envelope. Normally there’s no limit on the number of letters you can send.

Most letters sent to and from prison are checked by prison staff.

Prisons cannot open letters from solicitors and courts except in special cases, for example if they suspect a letter is not really from a legal adviser.

You can complain to the prison if you think your letters are being read when they should not be, or if your letters are not reaching the prisoner.

Video calls

You can make video calls to people in some prisons using your mobile phone or tablet.

Video calls are free at the moment. This is because of coronavirus (COVID-19).

Calls can last up to 30 minutes. A prisoner is allowed 1 video call a month.

Who can call

You must be over 18 and on the prisoner’s list of friends and family.

You can invite up to 3 other people (of any age) on the call if they are on the prisoner’s visitor list.

How to call

Find out if the prison offers video calls.

Install an app on your phone or tablet (it can take up to 24 hours for your account on the app to be verified).

Check if everyone who wants to join the call is on the prisoner’s list of friends and family.

Request a video call using the app or ask the prisoner to request a call.

Prison staff will schedule the call and send confirmation by email.

All video calls are recorded. Prison staff may watch video calls while they are happening.

Telephone calls

The prisoner has to call you using a prison phone.

They can only call people named on their list of friends and family. This list is checked by security when they first arrive so it may take a few days before they’re able to call.

Prison staff can listen to and record most types of call. Some calls are not monitored, for example when a prisoner calls a legal adviser.

You can also exchange voice messages with a prisoner using the Prison Voicemail service.

Email and social media

Prisoners are not allowed to access social networking websites (such as Facebook or Twitter) while they’re in custody.

You cannot email prisoners directly, but you can use a service called Email a Prisoner. If you send a message this way, it’ll be printed out and delivered by prison staff. Each email costs 40p and you need to buy credit to use the service.

In some prisons, prisoners can also reply and attach a photo through Email a Prisoner. Check which prisons allow replies.

Banned items

You must not send or give anything to a prisoner that:

is indecent or obscene

threatens the security of the prison

is written in code

You must not take anything written by a prisoner that they want to publish and be paid for.

It’s a criminal offence to send or give a prisoner:

illegal drugs

alcohol

weapons

a camera

a mobile phone

Contact the prison if you’re unsure what you can send or give.

Sending money

You can send money to someone in prison by making an online payment by Visa, Mastercard and Maestro debit card.

The money is paid into the prisoner’s account - a basic cash account they can use to send and receive money.

You can no longer send money by bank transfer, cheque, postal order or send cash by post to any prison. You’ll need to use a debit card instead.

If you cannot make an online payment

You may be able to apply for an exemption - for example if you:

are unable to use a computer, a smart phone or the internet

do not have a debit card

This will allow you to send money by post.

You can also find out how to get a debit card by setting up a basic bank account.

Visiting someone in prison

You can normally visit partners and close family members in some prisons. There are restrictions because of coronavirus (COVID-19).

Find out which prisons are open for visits and what you need to do.

You can only visit a prisoner if they’ve added you to their visitor list. The prison will contact you once you’re on this list.

Get help with the cost of visiting someone

You might be able to get help paying for a prison visit, for example travel costs, if you’re receiving certain benefits.

How often you can visit someone in prison

A convicted prisoner is usually allowed at least two 1-hour visits every 4 weeks.

A prisoner on remand (waiting for their trial) is allowed three 1-hour visits a week.

You can find out more about the exact rules on visits on the prison information page of the prison you’re visiting.


Types of prison sentences

Concurrent and consecutive sentences

If someone’s convicted of committing more than one crime, they’re usually given a sentence for each crime.

Concurrent sentences are served at the same time.

Consecutive sentences are served one after the other, for example a 6 month sentence followed by a 3 month sentence.

The judge (or magistrate) tells the person what type of sentence they get and how it must be served.

Suspended prison sentences

A ‘suspended’ prison sentence is carried out in the community.

The person has to meet certain conditions, for example:

having to stay away from a certain place or person

doing unpaid work - called ‘Community Payback’

If the person breaks the conditions of their sentence they can be sent to prison.

Determinate prison sentences - fixed length of time

A ‘determinate’ prison sentence is for a fixed length of time.

If the sentence is for 12 months or more

For prison sentences of 12 months or more the person spends the first half of the sentence in prison and the second half in the community ‘on licence’.

If they break any licence conditions, for example they commit another crime, they could go back to prison.

If the sentence is under 12 months

For prison sentences under 12 months, the person’s normally released automatically halfway through.

Indeterminate prison sentences - no fixed length of time

An ‘indeterminate’ prison sentence does not have a fixed length of time.

This means:

no date is set when the person will be released

they have to spend a minimum amount of time in prison (called a ‘tariff’) before they’re considered for release

The Parole Board is responsible for deciding if someone can be released from prison.

Indeterminate sentences are given if a court thinks an offender is a danger to the public.

Life sentences

If a person’s found guilty of murder, a court must give them a life sentence.

A court may choose to give a life sentence for serious offences like:

rape

armed robbery

A life sentence lasts for the rest of a person’s life – if they’re released from prison and commit another crime they can be sent back to prison at any time.

Whole life term

A whole life term means there’s no minimum term set by the judge, and the person’s never considered for release.

Sentences for young people

People under 18 get different sentences to adults.

Detention and Training Order

A Detention and Training Order can be given to someone aged between 12 and 17.

They last between 4 months and 2 years.

The first half of a Detention and Training Order is served in custody, the second half is served in the community.

Violent or sexual crimes

For severe crimes - usually violent or sexual - young people can get an ‘extended sentence’. They could spend a long time in custody, and when released they’ll be put under supervision for a long time (for example being tagged).

Murder

For murder, the court sets the minimum amount of time to be spent in custody. The young person can’t apply for parole before this time.

When released, the young person will be kept under supervision for the rest of their life.

Other serious crimes

Sometimes the sentence for a young person can last as long as the sentence for an adult for the same offence (but not longer). This includes life sentences.


Prison life

Arriving at prison

When someone arrives at prison they have at least one interview and assessment with a qualified professional so they:

know what their rights are

get help with their physical and mental health, for example with sexual health or drug and alcohol problems

are told what courses they can do in prison

understand prison rules and procedures

The prisoner gets a prisoner number and their property is recorded and put somewhere safe until they’re released.

Security categories

Prisoners are given a security category based on:

how likely they are to try to escape

their risk of causing harm to other prisoners and prison staff

A prisoner may be transferred to another prison with a different security category at any time.

Prisoner privileges and rights

Prisoners who follow rules can earn privileges. This is called the ‘Incentives and Earned Privileges Scheme’. A prisoner may be able to:

get more visits from family or friends

be allowed to spend more money each week

Privileges are different in each prison - staff can explain to the prisoner how the scheme works.

Rights

Prisoners have rights, including:

protection from bullying and racial harassment

being able to get in contact with a solicitor

healthcare - including support for a mental health condition

All prisoners should be able to spend between 30 minutes and an hour outside in the open air each day.

Punishments

A prisoner who breaks prison rules is normally punished. They can be:

kept in their cell for up to 21 days

given up to 42 extra days in prison on top of their original sentence

The prison can take away privileges, for example removing a TV from a cell.

Healthcare in prison

Prisoners get the same healthcare and treatment as anyone outside of prison.

Treatment is free but has to be approved by a prison doctor or member of the healthcare team.

Prisons do not have hospitals, but many have in-patient beds.

Most problems are dealt with by the healthcare team. If they cannot, the prison may:

get an expert to visit the prison

arrange for treatment in an outside hospital

The healthcare team can ask the prisoner’s family doctor for their records, but only if the prisoner agrees to it.

Special help and support

Prisoners can get specialist support, for example if they:

have drug or alcohol problems

have HIV or AIDS

are disabled or have a learning difficulty

Refusing medical treatment

A prisoner can refuse treatment. However, the healthcare team may choose to give treatment if the prisoner is not capable of making decisions themselves (for example they have a mental health condition).

Wherever possible, the healthcare team will discuss this with the prisoner’s family first.

Vulnerable prisoners

Staff are trained to spot prisoners at risk of bullying, suicide or self-harm. The prisoner may get their own case manager who will make sure they:

are asked about their mental health, for example if they’re feeling depressed

get regular support from a health specialist

Most prisons also have ‘listener schemes’ that offer emotional support in confidence - normally from fellow prisoners.

Psychiatric hospitals

A prisoner can be moved to a secure psychiatric hospital for their own safety. This only happens if they meet certain conditions under the Mental Health Act.

Once the prisoner gets better, they return to prison.

If you’re worried about a prisoner

If you’re worried about a prisoner:

tell a member of prison staff when you visit

contact the prison’s ‘Safer Custody Team’

Some prisons run confidential Safer Custody hotlines where you can leave a message explaining your concerns. Find a prison and check the contact section for details.

Pregnancy and childcare in prison

Women who give birth in prison can keep their baby for the first 18 months in a mother and baby unit.

A prisoner with a child under 18 months old can apply to bring their child to prison with them.

Social Services arrange for children over 18 months to be cared for (for example by the prisoner’s parents, or fostering).

Applying for a place in a mother and baby unit

The prisoner can apply for a space in a mother and baby unit when they enter prison.

An admissions board will decide if it’s the best thing for the child.

If there are no places in the prison the mother first goes to, they may be offered a place in another unit.

If there are no spaces in any unit, arrangements must be made for the child to be cared for outside prison.

If the mother is refused a place they can appeal - the prison will explain how.

Separation plans are made when the mother enters prison if the child will reach 18 months before her sentence is over.

For prisoners with sentences of 18 months or over, arrangements are normally made for the child to be cared for outside prison.

Prisons with mother and baby units

The following prisons have mother and baby units:

Bronzefield

Eastwood Park

Styal

New Hall

Peterborough

Askham Grange

Education and work in prison

Courses are normally available to help prisoners get new skills, for example learning to read and write, use computers and do basic maths. Most prisoners get an Individual Learning Plan listing courses and training.

Qualifications and skills

Most courses lead to qualifications that are recognised by employers outside prison, for example GCSEs or NVQs. Prisoners may be able to do a distance learning course, for example Open University.

A prisoner can learn skills, for example woodwork, engineering or gardening.

Working in prison

Many prisoners get the chance to work while carrying out their sentence, for example making clothes and furniture or electrical engineering.

This is done in prison workshops and is normally paid work.

Prisoners can also work around the prison itself, for example in kitchens and laundries.

A ‘low-risk’ prisoner may be allowed to work in the community.

You can find out what education and work
opportunities each prison offers.


Leaving prison

When someone can leave prison

When a prisoner is released depends on:

the length of their sentence

their behaviour in prison

any time spent on remand (waiting for their trial)

If the prisoner has a fixed term (determinate) sentence

A prisoner serving a determinate sentence is normally released automatically halfway through their sentence.

If their sentence is 12 months or more, they’ll be released on probation.

A Parole Board is not involved.

When a Parole Board reviews a case

Prisoners can apply for parole if they have an extended sentence, or a fixed-term sentence for:

4 years or more

a serious violent or sexual crime committed before 4 April 2005

If the prisoner has a non fixed term (indeterminate) or life sentence

The government will apply for parole on the prisoner’s behalf.

Temporary release from prison

A prisoner may be allowed to leave prison for short periods towards the end of their sentence - whatever its type or length.

However, the prison will not release someone if it thinks they’re a risk to the public or may commit more crime.

Resettlement day release

A resettlement day release lets a prisoner out during the day - for example to go on a training course to help them find work once they’re released.

Resettlement overnight release

A resettlement overnight release lets a prisoner spend the night at the place they’ll live at after they’re released.

Childcare resettlement licence

A childcare resettlement licence lets a prisoner spend time with their child. They can only apply for this if they’ll be the sole carer of a child when they finish their prison sentence.

Before someone leaves prison

All prisoners get help preparing for life when they leave prison. In the last 12 weeks of their sentence, they’re given advice and support on:

finding somewhere to live

getting a job

looking after money

Prisoners get additional support if they:

have abused substances (such as drugs or alcohol)

are sex workers

are the victim of domestic violence

Most prisoners spend the last few months of their sentence in a prison near where they plan to live.

Support when someone leaves prison

A person leaving prison may get the following financial support:

Universal Credit

Jobseeker’s Allowance

help from your local council

Scottish Welfare Fund in Scotland

Discretionary Assistance Fund in Wales

Prisons may also work with organisations in their local area, such as charities, to help prisoners prepare for their release. You can find out about these organisations in the prison information pages.

Useful websites

There are organisations that can provide support for people leaving prison, including:

Nacro (previously National Association for the Care and Resettlement of Offenders)

Prison Reform Trust

The Hardman Directory

Shelter

Unlock


Getting parole

Overview

Getting parole means you can leave prison or be released from custody before the end of your sentence. You’ll be kept under supervision, known as being ‘on licence’ or probation.

You may be released or transferred to an open prison (‘open conditions’).

The rules are different in Scotland, Northern Ireland or if you’re a young offender.

The government will apply for parole on your behalf - you do not have to do anything.

When you’re eligible for parole

When you’re eligible for parole depends on what type of sentence you have.

Life or indeterminate sentence

You’ll be contacted either:

3 years before your earliest release date (‘tariff’) runs out if you’re serving a sentence of 4 years or more

at least 6 months before your tariff runs out if you’re serving a shorter sentence

Extended or fixed-term sentences

You’ll be contacted up to 6 months before your earliest release date if you have either:

an extended sentence

a fixed-term sentence of 4 years or more, given before 3 December 2012 for a serious violent or sexual crime committed before 4 April 2005

You’re not eligible for parole if your sentence is less than 4 years.

What happens next

You’ll get an application form to fill in. Ask a friend for help if you need to. You can also use a legal advisor.

The prison will put together some documents. They’ll include what you’ve done in prison and what you plan to do on release.

Check that the documents are correct. You can add evidence (‘representations’) showing why you should be released.

The Parole Board will decide either that you cannot be released or that your case needs a hearing. You may have to represent yourself if you cannot get legal aid or do not have a solicitor.

It usually takes 6 months to get a decision about your case.

Your case will be reviewed again within 2 years if you do not get parole.

Challenge the Parole Board’s decision

You may be able to challenge the Parole Board’s decision.

Parole Board hearing

You may have to go to a hearing before the Parole Board can make a decision.

You’ll get a hearing if:

the Parole Board thinks there’s a realistic prospect of you being released or moved to open conditions

they need more evidence from you because the file did not give them what they needed

for any other reason, the Board thinks it would be fair to give you an oral hearing

You’ll be told when and how the hearing will be held.

Hearings and coronavirus (COVID-19)

Because of coronavirus, most hearings are now taking place remotely - either by phone or video.

If the Parole Board decides your case needs a face to face hearing, it will work with the prison to make arrangements for a safe hearing to take place.

What happens at the hearing

Up to 3 members of a panel will decide whether to release you based on a file of documents the prison puts together. This includes:

your behaviour in prison

what you plan to do once released

whether you’re likely to commit more crime or are a danger to the public

why you’re in prison

previous offences

what the judge said when you were sentenced

the victim statement - this may be read at the hearing

medical, psychiatric and psychological evidence

Who’ll be at the hearing

You must usually attend the Parole Board hearing.

There will be other people at the hearing, for example:

your solicitor (you may need to represent yourself at the hearing if you cannot get legal aid or do not have a solicitor)

a prison psychologist

the victim (when they’re reading their victim statement)

the victim liaison officer

witnesses

What happens next

The Parole Board will write to you with their decision. The hearing and full decision will be kept private.

You may be able to challenge the decision.

Represent yourself at the hearing

You’ll have to represent yourself at the Parole Board hearing if you do not use a solicitor.

Check if you can get legal aid to help pay for a solicitor.

Read more detailed information about representing yourself at a hearing.

Help and advice

Ask the Offender Management Unit in your prison to give you the name and number of the case manager handling your case.

You can also get help from:

Prisoners Advice Service

Howard League

Prison Reform Trust

your prisoner offender supervisor, offender manager or case administrator

a solicitor

You can also contact the Parole Board for help and advice.

Your family and friends can also get support.

Challenge a decision

You can challenge a Parole Board decision that was made on or after 22 July 2019. You cannot challenge a decision made before 22 July 2019,  but you can apply for judicial review.

You can challenge a Parole Board decision if you think:

your parole was not reviewed correctly, for example important information was not given to the Parole Board

the decision was unreasonable

The Parole Board will decide if the decision needs to be reconsidered, and if there needs to be a new hearing.

Ask your lawyer if you can get criminal legal aid to help pay for the costs of challenging a decision.

If the Parole Board refuses to reconsider the decision you can apply for judicial review.


Probation

Overview

Probation means you’re serving your sentence but you’re not in prison.

You could be put on probation because:

you’re serving a community sentence

you have been released from prison on licence or on parole

While on probation, you may have to:

do unpaid work

complete an education or training course

get treatment for addictions, like drugs or alcohol

have regular meetings with an ‘offender manager’

Meetings with your offender manager

When you’re on probation you may have meetings with your offender manager. This will usually happen at your local probation office.

At your first meeting your offender manager will explain:

the rules of your probation

the dates, times and places of future meetings

any appointments you must go to, for example training courses or treatment

what happens if you do not do what you are asked

Your offender manager will ask you to read and agree to a ‘sentence plan’. This will tell you the rules you have to stick to during your probation and what your responsibilities are.

What you must tell your offender manager

You must tell your offender manager if:

you plan to change your name or address

you will not be able to make any meetings you have arranged with them

you’re having problems sticking to the rules of your probation

If you miss a scheduled meeting with your offender manager, you should get in touch and tell them why. You may need to provide proof, like a letter from a doctor or your employer.

You are allowed to miss meetings or appointments to attend religious or other important events if you give your offender manager advance notice.

If you break the rules of your probation

You could go back to court if you break any rules of your probation. For example, if you:

do something your sentence bans you from doing

commit another crime

miss meetings and appointments without a good reason

behave in an aggressive, racist or other unacceptable way at a meeting or appointment

You can also be taken back to prison if you break the conditions of your licence or parole.

Being taken back to prison

You can be taken straight back to prison if you have been released on licence or parole and you break the rules of your probation. This is known as a ‘recall’. Your offender manager will tell you why you’ve been recalled.

There are three types of recalls.

Fixed-term recalls

You’ll be sent back to prison for either:

14 days - if your original sentence was less than 12 months

28 days - if your original sentence was 12 months or more

When you’re released you’ll be back on probation and licence until the end of your sentence.

Standard recalls

You’ll go back to prison until the end of your sentence, unless a parole board or the Secretary of State for Justice decide to release you.

Your case will be sent to a parole board automatically after 28 days. They will either release you straight away or set a date (within 1 year) when you can be released on licence.

Your offender manager can also review your case at any time and recommend to the Secretary of State that you should be released.

Indeterminate sentence recalls

Your case will be sent to a parole board either:

28 days after you go back to prison

within 12 months of your last parole board review

The parole board will do one of the following:

release you on licence immediately

set a date when you’ll be released on licence

keep you in prison

ask you to attend a hearing

delay making a decision about your sentence until they have more information

Ask to be released again on probation

If you have been taken back to prison and think you should be released on probation again, ask the prison in writing. This is called ‘making representations’.

You can also ask a family member, friend or legal adviser to write to the prison for you.

You must do this within 2 weeks of being told why you are being recalled to prison.


After a crime: your rights

Your rights

You have the right to contact the police and be kept informed about the investigation if you’re:

the victim of a crime

You have different rights if you’re the victim of a crime in Scotland or Northern Ireland.

When you report the crime

The police must give you:

written confirmation of the crime you’ve reported

a crime reference number

contact details for the police officer dealing with your case

They must also:

tell you clearly what will happen next

tell you how often they’ll give you an update on their investigation

carry out a ‘needs assessment’ to find out what support you should get

ask a victim support organisation to contact you within 2 days

They must also ask if you want to write a statement about how the crime has affected you. This is called a ‘victim personal statement’. It can be used later when the court is deciding on a punishment.

During the police investigation

The police must give you updates on their investigation, and tell you within 5 days when a suspect is:

arrested or charged

set free or released on bail

given a caution, reprimand, final warning, or penalty notice

When the police have finished their investigation, they can pass the information to the Crown Prosecution Service (CPS) who then decide if there’s enough evidence to take the case to court.

If the police or the CPS decide to drop the charge, they must tell you within 5 days. You can ask for a review if you disagree with their decision.

Privacy

The police might give some information about the crime to the media to help with the investigation. They’ll normally ask your permission before they do this.

If you’ve been the victim of a sexual assault or rape, it’s against the law for anyone to publish your name, photo or anything else that could identify you.

If the case goes to court

Your local Crown Prosecution Service (CPS) must tell you immediately where and when the trial will be.

If you’re asked to give evidence, the police will pass your details to a Witness Care Officer who will support you before and during the trial.

If the defendant is found guilty, you may be able to read your victim personal statement to them.

After the trial ends, your Witness Care Officer must tell you:

the verdict - within 24 hours

what sentence the offender gets - if they’re found guilty

if the offender appeals their conviction or sentence

You can also:

claim compensation - if the crime was violent

get free help and advice from the Victims’ Information Service or Victim Contact Scheme

meet the offender (‘restorative justice’) - contact your local victim support organisation to arrange this

If the crime was serious or you're vulnerable

You may get extra support if you:

are the victim of a serious crime

are under 18

have a mental health condition or lack mental capacity

have a disability

are a close relative of someone who died because of a crime - for example their partner, child or sibling

have been a victim of crime repeatedly - for example you’re being targeted, harassed or stalked

Serious crimes

You’re the victim of a serious crime if it was:

arson with intent to endanger life

attempted murder

domestic abuse

kidnapping or false imprisonment

a hate crime

human trafficking

a sexual offence

terrorism

wounding or grievous bodily harm with intent

What support you’ll get

You’re entitled to:

get information quicker - usually within 24 hours

protection in court if you need to give evidence

specialist help and advice

a Family Liaison Officer - if you’re a close relative of the victim

Contact the police officer dealing with your case or your local Crown Prosecution Service (CPS) about getting this extra help.

Make a complaint

You can complain if you’ve been:

treated unprofessionally, disrespectfully or insensitively

discriminated against

The Victim’s Code has full details of how the police, Crown Prosecution Service (CPS) and other organisations should treat you if you’re the victim of crime.

Make your complaint to the organisation you want to complain about. For example:

the police

the CPS or your Witness Care Officer

the court

The organisation must confirm they’ve received your complaint within 10 days.

If you do not agree with the decision

You can complain to the Parliamentary and Health Service Ombudsman if you do not agree with the decision about your complaint.


Claim compensation if you were the victim of a violent crime

Overview

You might be able to claim compensation if you were the victim of a violent crime. This includes if:

you were injured

a close relative died

you saw the crime happen to a loved one (or were there immediately afterwards)

you paid for the funeral of a person who died

You usually have to claim within 2 years of the crime. The crime must be reported to the police before you apply.

It does not cost anything to apply.

If you were injured trying to stop a crime

You might also be able to claim compensation if you were taking a ‘justified and exceptional’ risk trying to stop a crime. For example somebody was in danger and it was not a situation that you were trained to deal with.

Get practical and emotional support

Visit Victim and Witness information if you’re in England and Wales.

Get support as a victim or witness of crime in Scotland.

You can also get help and advice from your trade union.

Eligibility

The crime must have happened in England, Wales or Scotland. It must be reported to the police.

The process is different if the crime happened in Northern Ireland or in another country.

When you can claim

In most cases you must apply within 2 years of the crime happening.

You may be able to claim for a crime that happened more than 2 years ago if one or both of the following apply:

you’re claiming because of childhood sexual or physical abuse

you could not claim earlier, for example because your mental or physical health stopped you

You may also be able to claim if the crime happened before 1 October 1979 and you lived with the attacker as a family member at the time of the incident. This was known as the ‘same roof’ rule and has changed.

Your nationality

You must have been one of the following when the crime happened:

a British citizen or EU or EEA national (or their close relative)

a family member of an EU or EEA national who has the right to be in the UK

a member of the armed forces (or you’re a close relative living in their household)

a potential victim of human trafficking on or before the date of your application - this must be confirmed by the UK Human Trafficking Centre and UK Visas and Immigration

an asylum seeker

a national of a country that has signed up to the Council of Europe Convention on the Compensation of Victim of Violent Crimes

You’re also eligible if you were ‘ordinarily resident’ in the UK at the time of the crime. This depends on your connection to the UK, for example if you were living, working or studying there (or you were the family member of someone who was).

What you can get compensation for

You can get compensation for:

physical injuries

disabling mental injuries

sexual or physical abuse

the death of a close relative

paying for someone’s funeral

loss of earnings and expenses

Disabling mental injuries

A disabling mental injury is something that significantly affects your day-to-day performance at work or school, your relationships, or your sexual relationships. Mental injuries must be diagnosed by a psychiatrist or clinical psychologist.

Loss of earnings and expenses

You might get compensation for loss of earnings, or paid expenses to cover the cost of:

care, home adaptations or mobility aids

damage to physical aids, such as dentures, walking sticks or glasses

You usually have to be unable to work or have very limited ability to work for 28 weeks or longer to be eligible.

You will not be paid loss of earnings for the first 28 weeks you were unable to work.

You must have been employed when the crime happened or for the 3 years immediately before it. If you were not employed, you might still be eligible if you could not work, for example because you were in full-time education, retired or caring for someone.

Make a claim

You can claim for compensation online.

If the crime happened between 1 August 1964 and 30 September 1979 and you lived with the attacker as a family member at the time of the incident, you can also request someone to call you to start your claim.

When you make a claim to the Criminal Injuries Compensation Authority (CICA), you may need to provide:

the date and location of the crime

the name of the police station where the crime was reported

your crime reference number

your GP’s name and address

your dentist’s name and address (if you had dental treatment because of your injuries)

details of any previous applications you’ve made to CICA

details of any unspent criminal convictions

If you deliberately provide information you know is wrong or misleading, you may be prosecuted and your application for compensation may be refused.

You’ll be asked if you’ve tried to get compensation or other money you’re entitled to, for example:

by claiming benefits

through insurance payments

from a civil court claim

from a criminal court case (if the crime went to court)

You do not need to wait for the outcome of other claims before you apply.

It does not cost anything to apply and you do not have to use a legal adviser.

You cannot save your application and return to it later. The service will time out if you stop using it for 30 minutes or more.

Make a claim

Help making your application

Contact the CICA helpline if you need help because you:

do not feel confident using a computer or mobile device

do not have internet access

You can ask a friend or relative to make an application on your behalf.

General enquiries

Email info@cica.gov.uk if you have a question about the claims process.

You cannot claim the cost of using a legal adviser.

What happens next

You’ll get a reference number when you submit your claim. Use the reference number whenever you contact Criminal Injuries Compensation Authority (CICA) about your claim.

Your claim will be assessed on:

the information you provided in your application

information from the police, including the evidence you gave them

your criminal record

medical evidence (if it’s needed)

CICA will contact you if they need more information and when they make a final decision.

Medical evidence

You’ll be told if you need to provide a medical report. It can cost up to £50.

Contact CICA if you need help getting or paying for the medical report.

You might also need to attend a psychological assessment if you’re claiming compensation for mental injuries.

If you’re using a legal adviser

If you and your legal adviser disagree about how much money you owe them, you normally will not be paid your compensation in full until you resolve this.

Disagreeing with a decision

Write to CICA and ask them to review a decision if you disagree with it.

If you disagree with the outcome of CICA’s review, you can appeal to the criminal injuries compensation tribunal.

Update your claim

Sign in to your account to finish your application.

You need to contact Criminal Injuries Compensation Authority (CICA) if:

your contact or personal details change

you stop using or change a legal adviser

you get compensation or money from any other sources after you apply

If you applied by phone

Call CICA to update your claim if you applied by phone.

You’ll need your reference number.

If you’re a victim who lived with the attacker before 1 October 1979

The deadline to apply for compensation was 13 June 2021 if you were a victim of violent crime and:

you lived with the attacker as a family member at the time of the incident (this was known as the ‘same roof’ rule)

Claims made after the deadline

You may still be able to claim if you can show you were unable to apply before 13 June 2021 and you either:

were a child at the time of the crime

could not apply earlier because of exceptional circumstances (you must provide enough evidence so your claim can be decided without further extensive enquiries)

If you’ve made a claim before

If you’ve made a claim before but it was refused or reduced because of the ‘same roof’ rule you can reapply for compensation if you’re eligible. The ‘same roof’ rule does not apply anymore.

How to make a claim

You can request someone to contact you about your claim. You’ll need to give some information like your name and contact details.

A caseworker will contact you within 2 working days or on the next available day you’ve selected on the form.

Request someone to contact you

Other ways to apply

You can make a claim online or on the phone by calling Criminal Injuries Compensation Authority (CICA). You can also call CICA to arrange a time for someone to take your claim over the phone.


Compensation after an accident or injury

Write a letter, complain or try mediation

You can get compensation by taking legal action, but it could cost you money and you may not win your case against the person or organisation to blame.

Writing a letter or making a complaint

If it’s not a serious injury, you may be able to solve the issue by writing a letter or making a complaint - use the complaints procedure if there is one.

Explain what went wrong and tell them how much compensation you want or how they can make up for the injury.

Using mediation

You may want to use a mediation service to negotiate a settlement.

There is usually a fee, but it can be cheaper, quicker and easier than going to court.

Check your insurance policies

You may already have insurance to pay for legal costs.

check your insurance policies (like motor, home contents or holiday insurance policies) to see if they include ‘legal expenses insurance’

check if you have legal cover as a member of a trade union, or an organisation like the RAC or the AA

Policies normally only cover you for some types of legal problem and have other terms and conditions.

‘After the event’ insurance

If you’re not insured, you could take out insurance after the incident to protect yourself against a large legal bill.

A solicitor can help you choose an ‘after-the-event’ insurance policy and may take it out on your behalf.

If you win, you may be able to get some of the costs back from the losing side.

Some insurance companies will not insure you if they think you’re unlikely to succeed, and some policies are very expensive.

Using a solicitor or a claims company

You can’t usually get legal aid for personal injury cases.

A solicitor should advise you on costs before you agree to hire them.

Get advice from Citizens Advice on what’s involved in taking legal action and how much it will cost you.

Claims companies

Businesses known as claims companies can help you find a solicitor.

Most claims handlers aren’t solicitors, and so won’t be able to represent you in court.

Check that a claims company is authorised: business search.

‘No win, no fee’ deals

If you use a ‘no win, no fee’ agreement, you will only have to pay the solicitor’s fee if you win the case.

You may still have to pay for some other costs, like:

fees to pay for experts

court fees

travelling expenses

If you lose, you will also have to pay for:

the other side’s legal costs

other expenses and charges, such as fees for witnesses

The solicitor may charge a fee for winning the case.


Criminal injuries compensation tribunal

Overview

You can appeal to the First-tier Tribunal (Criminal Injuries Compensation) if you disagree with a decision by the Criminal Injuries Compensation Authority (CICA) on your claim for compensation.

You may want to appeal if you’re refused compensation or unhappy with the amount.

The tribunal can:

uphold CICA’s decision

increase or reduce your award

decide you should not get anything

ask CICA to make the decision again

You have 90 days to appeal to the tribunal from the date of CICA’s review decision. Explain why you’re late if you miss the deadline, for example if you’re waiting for medical reports.

The tribunal is independent of government and will listen to both sides of the argument before making a decision.

Help you can get

You can contact Victim and Witness Information to find local help and support.

You can represent yourself at the tribunal. To get help and advice before you appeal you can find a solicitor.

Appeal to the tribunal

Download and fill in the appeal form giving reasons why you disagree with the the Criminal Injuries Compensation Authority’s (CICA’s) decision.

You must also provide:

the decision letter from CICA

documents supporting your case, for example, medical records or evidence of loss of earnings

Send the form, decision letter and documents to the address on the form.

Call or email the tribunal helpline if you have any questions about completing the form. The tribunal cannot give you legal advice.

What happens next

The tribunal will send a copy of your appeal form to the Criminal Injuries Compensation Authority (CICA). CICA will usually respond to you and the tribunal within 6 weeks.

You’ll have one month to get back to the tribunal with any extra information or arguments.

How your appeal will be decided

The tribunal will write to tell you if your appeal will be decided using either:

the paperwork in the case

a hearing

You can ask the tribunal for a hearing if you’re unhappy with not being given one.

The tribunal judge’s decision will be sent to you by post if your appeal is decided using paperwork.

You’ll be given at least 14 days’ notice of any hearing.

Hearings

The hearing will usually be held in the area covered by the police force which investigated the crime.

The hearing will be attended by:

2 or 3 tribunal judges or members

a clerk

a representative from CICA

any witnesses

A police officer who knows about your case may also attend if they can help the tribunal.

Offenders do not usually attend tribunal hearings.

What happens at a hearing

You’ll be asked questions about the crime and your injuries.

You’ll present your case to the judge - someone else can do this for you, for example a lawyer friend or family member.

Witnesses will come into the hearing room to give evidence - they’ll leave after they’ve done that.

You or your representative can ask questions during the hearing, and can make points at the end.

You’ll usually get the tribunal’s decision on the day of the hearing.

Expenses for going to the hearing

The tribunal will send you information on how to claim expenses for going to the hearing, such as travel costs.

If you lose your appeal

There’s no right of appeal but you may be able to ask for a ‘judicial review’ of the decision if you think the decision was wrong for a legal reason. This means they may hear the case again.

Contact a solicitor for legal advice if you’re unsure.

Before you apply

Before applying for a judicial review:

write to the tribunal, saying why you think the decision was wrong

ask for written reasons for its decision

You must do this within 1 month of the date of the decision.

How to apply - England and Wales

You must get permission from the Upper Tribunal (Administrative Appeals Chamber) if you live in England or Wales.

Fill in the judicial review claim form and return it to the address on the form.

Find out more about appealing to the Upper Tribunal.

How to apply - Scotland

You must get permission from the Court of Session if you live in Scotland by using the application for leave to appeal form.

Send the form to:

Legislation and previous decisions

Read the rules the tribunal must follow and its decisions on previous cases.

Previous decisions

Search the decisions database to see how and why previous decisions have been made.

The tribunal will make a decision based on the Criminal Injuries Compensation Scheme 2012.

Legislation

The tribunal must follow the rules in the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

Read the Practice Directions and Statements for more information.


Get an injunction if you've been the victim of domestic abuse

How to apply

You can apply for an ‘injunction’ if you’ve been the victim of domestic abuse. An injunction is a court order that either:

protects you or your child from being harmed or threatened by the person who’s abused you - this is called a ‘non-molestation order’

decides who can live in the family home or enter the surrounding area - this is called an ‘occupation order’

The person named in the injunction can be arrested if they break it.

Get advice on applying for an injunction from a charity, for example Refuge, Women’s Aid, Citizens Advice or the Men’s Advice Line.

You may be able to get free legal representation.

If you’re in immediate danger of being abused or have been abused, report it to the police.

Apply online

You can use the RCJ Citizens Advice CourtNav service to prepare an injunction application online.

You’ll need to:

create an online account

explain what happened to you

include the name and address of the person who’s abused you

As part of your application, you can choose a law firm to review it.

If you’re unable to get legal aid or pay for legal advice, your application can be sent back to a legal adviser at RCJ Citizens Advice to check for free.

The legal adviser will tell you if you need to make a court application and how to submit one.

Because of coronavirus (COVID-19), your hearing may take place over a video or phone call. If you need a face-to-face hearing, you’ll need to explain why in your application.

Apply by email or post

Follow these steps to apply for an injunction by email or post.

Check if you’re eligible to apply for a non-molestation order or an occupation order.

Download and fill in the application form (form FL401) and make 2 copies.

Write your witness statement telling the court what has happened and asking for the relevant order.

At the bottom of the witness statement write a statement of truth. Use the following words: “I believe that the facts stated in this witness statement are true.” Sign and date the statement of truth.

Download and fill in form C8 if you want to keep your address and telephone number private.

Email or send all the documents to a court which deals with domestic abuse cases - there’s no fee.

Many courts are closed because of coronavirus. You’ll need to check that the court is open and staffed before you send in your application.

Emergency orders

If you need protection immediately, ask for an emergency order when you apply. You do not have to tell the person you want protection from that you’re applying so it’s known as a ‘without notice’ or ‘ex-parte’ application.

The court will hold a hearing which you must attend. It may issue an order at the hearing.

You’ll still have to tell that person about your application after the order has been issued.

An emergency order will usually last until your hearing.

If you’re 17 or under

If you’re under 16 you’ll need permission to apply from the High Court.

If you’re 16 or 17 you’ll need to appoint a ‘litigation friend’ to represent you in court – this is usually a parent, family member or close friend.

After you’ve applied

After you’ve applied you must arrange for the person you’re applying to get an injunction against to be told about your application.

Who can apply: non-molestation order

You can usually apply if you’re a victim of domestic abuse and the person you want to be protected from (‘the respondent’) is:

someone you’re having or have had a relationship with

a family member

someone you’re living or have lived with

Check the following lists to make sure you can apply.

If you’re under 16 you need permission from the High Court to apply.

Husband, wife, civil partner or other relationship

You can apply if you’re a victim of domestic abuse and the respondent is your:

husband, wife or civil partner

former husband, former wife or former civil partner

fiancé, fiancée or proposed civil partner

former fiancé, former fiancée or former proposed civil partner – if your engagement or agreement to form a civil partnership ended less than 3 years ago

boyfriend, girlfriend, partner or a person you’re in or have been in a relationship with for more than 6 months

If you were engaged to or had agreed to form a civil partnership with the respondent, you’ll need to provide evidence, such as a ring or statement from a witness who attended a ceremony or celebration.

Family member

You can apply if the respondent is a close family member, for example a parent, brother, sister, aunt or uncle.

People who have parental responsibility for your child or grandchild

You can apply if you have a child or grandchild and the respondent is the child’s parent or person you share parental responsibility with.

If your child (or grandchild) has been adopted, you can also apply to get an injunction against their:

adoptive parent

anyone who has applied to adopt them

anyone the child has been placed with for adoption

You can also apply for an order against the child or grandchild if they’ve been adopted.

You can report anyone who abuses you to your neighbourhood police team.

Who can apply: occupation order

You can apply for an occupation order if you’re a victim of domestic abuse and meet the requirements. The order will say who can live in the family home or enter the surrounding area.

You can apply if:

you own or rent the home and it is, was, or was intended to be shared with a husband or wife, civil partner, cohabitant, family member, person you’re engaged to or parent of your child

you do not own or rent the home but you’re married or in a civil partnership with the owner and you’re living in the home (known as ‘matrimonial home rights’)

your former husband, wife or civil partner is the owner or tenant, and the home is, was, or was intended to be your shared matrimonial home

the person you cohabit or cohabited with is the owner or tenant, and the home is, was, or was intended to be your shared home

After you submit your application

You’ll be given a document called a ‘Notice of Proceedings’ by the court. This tells you when your court hearing will take place.

Telling people about your application

The court will send you back a sealed copy of your application. You must arrange for the sealed copy and your witness statement to be ‘served’ on the person named in the application. This means making sure they get a copy of the documents in person.

Your solicitor will do this if you’re using one or you can ask the court to serve the documents for free.

Do not serve the documents yourself.

Your court hearing

Your hearing will be held in private (sometimes called ‘in chambers’). In most cases only you and the person you’re applying for an injunction against, and any legal representatives, can attend. Read about what to expect when you go to a court hearing.

The court will provide an interpreter if you asked for one when you applied for the injunction. They can translate what happens during the hearing but they cannot represent you or give you legal advice.

Contact the court before the hearing if you need support or extra protection.

The judge may make a decision without a hearing if, for example:

you’re self-isolating because of coronavirus

the person you’re applying for an injunction against lives with you

This is called ‘on paper’.

Get a decision

At the end of the hearing the court will make one of the following decisions:

the person you’ve applied for an injunction against must make an ‘undertaking’ (a promise) to do or not do something

you must provide more information - the court may issue a short-term order (an ‘interim order’) to protect you while you get this information

it will issue an order - when that ends they may hold another hearing to decide whether to renew the order

You’ll get a copy of the order if the court issues one. It will say what the respondent can and cannot do.

If your order expires and you still want protection, you’ll have to apply again.

After the hearing

You must arrange for the order to be ‘served’ on the respondent. This means making sure they get a copy of the order in person.

If you have a solicitor, they will arrange for the documents to be served. If you do not have a solicitor you can:

ask the court to serve the documents - you will not need to pay for this

hire a professional process server to serve the documents

Do not serve the documents yourself.

The court will send the order and the statement of service to the officer in charge of your neighbourhood police station or the police station named in the court order.

If the person named in your injunction does not follow the court order, you can call the police.

Complaints and appeals

You can complain to the court where you had the hearing if you’re unhappy with the service they provided.

You may be able to make an appeal about the decision if you think there’s been a serious mistake. You’ll have to get permission to make the appeal and there’s usually a fee. Read the guidance on how to make an appeal.


Terrorism and national emergencies

Terrorism threat levels

The threat level indicates the likelihood of a terrorist attack in the UK.

National threat level

The threat to the UK (England, Wales, Scotland and Northern Ireland) from terrorism is substantial.

Northern Ireland-related threat level

The threat to Northern Ireland from Northern Ireland-related terrorism is severe.

Threat levels

There are 5 levels of threat:

low - an attack is highly unlikely

moderate - an attack is possible but not likely

substantial - an attack is likely

severe - an attack is highly likely

critical - an attack is highly likely in the near future

The level is set by the Joint Terrorism Analysis Centre and the Security Service (MI5).

Threat levels do not have an expiry date. They can change at any time as different information becomes available.

More information about terrorist threat levels

Get more information about terrorism threat levels in the UK on the MI5 website.

You can also check the government’s travel advice for different countries.

Counter-terrorism

The Security Service (MI5) is responsible for protecting the UK against threats to national security.

The Office for Security and Counter-Terrorism coordinates the government’s response in case of a terrorist incident.

Counter-terrorism laws are enforced by the police.

Public safety

The government will issue a warning to the public if that’s the best way to protect a community or a place facing a specific threat.

Reporting suspected terrorism

If you suspect someone is involved in terrorism in any way:

call the police or report your suspicions to them online

report suspicious activity to MI5

report online terrorist material

You can remain anonymous.

National emergencies

National Risk Register

The government regularly assesses the natural hazards and man-made threats that could affect the UK.

These are published in the National Risk Register. This explains the likelihood of a risk occurring and possible effects of an emergency if it happens.

Local and central government preparations

Your local council, fire, police and ambulance services and other organisations take part in regular training exercises to prepare for emergencies.

Find out how emergencies are planned for in your area.

You can also read guidance for local councils on recovery after an emergency.

There are also government plans to make sure essential services, like food, water, transport, health and financial services, keep working in the event of an emergency.


What to do if your vehicle has been stolen

Report your vehicle as stolen

Tell the police and your insurance company straight away if your vehicle has been stolen.

Call your local police station

Dial 101 and ask to be put through to your local police.

Make sure you have your vehicle’s:

registration number

make and model

colour

You’ll get a crime reference number. You’ll need this when you call your insurance company.

The police will tell DVLA about the theft and if the vehicle is found.

Call your insurance company

Your insurance company will tell you how to make an insurance claim.

Tell DVLA if your insurance company pays out

If your insurance company pays out a claim for your stolen vehicle, you must tell DVLA it’s been sold to the insurance company.

If your vehicle had a personalised registration number that you want to keep, you need to get it back before you tell DVLA that you no longer own your vehicle.

You can tell DVLA online or fill in the yellow ‘sell, transfer or part-exchange your vehicle to the motor trade’ section of your vehicle log book. Send the perforated section to DVLA, with a letter saying when the payment was accepted and details of your insurance company.

You’ll need to give the remaining part of your log book to your insurance company.

If your insurance company asks for the whole log book then you’ll need to send a letter to DVLA including:

the details of your insurance company

the date of the claim

your registration number

the make, model and colour of your vehicle

your signature

Send your letter to:

Get a vehicle tax refund

Your vehicle tax will be cancelled by DVLA once you tell them you no longer own your vehicle. If you pay by Direct Debit, the Direct Debit will be cancelled automatically.

You must apply for a refund instead if your vehicle had a personalised registration number that you want to keep.

You’ll automatically get a refund cheque for any full months left on your vehicle tax. The refund is calculated from the date DVLA gets your information. The cheque is sent to the name and address on the vehicle log book.

You will not get a refund for:

any credit card fees

the 5% surcharge on some Direct Debit payments

the 10% surcharge on a single 6 month payment

If you had a private (personalised) registration number

Apply to keep your private (personalised) registration number as soon as your vehicle is stolen.

This means the number will stay in your name so you can assign it to another vehicle later.

You must apply within 2 years and 6 months of telling DVLA your vehicle has been stolen.

You can only get your private registration number back if:

you told the police about the theft

the vehicle had a valid MOT certificate when it was stolen

the vehicle had up-to-date vehicle tax when it was stolen

Apply to keep your registration number

You can only apply by post. It costs £80.

You need to send all of the following to DVLA:

a V317 ‘transfer or retain a vehicle registration number’ form - the address is on the form

the vehicle’s log book (V5C) or green ‘new keeper’ slip with a completed V62 ‘application for a vehicle registration certificate V5C’

the £80 transfer fee

If you get your stolen vehicle back

If you’ve already applied to keep your private registration number, you can apply to put it on another vehicle straight away.

You must apply before your vehicle is sold or scrapped.

If you do not get your stolen vehicle back

You must wait 6 months before you can transfer your private registration number to another vehicle. You can only do this by post.

Tell DVLA you no longer own your vehicle

After you get your private registration number back, you can tell DVLA that you no longer own your vehicle.

Tell DVLA online or fill in the yellow ‘sell, transfer or part-exchange your vehicle to the motor trade’ section of your vehicle log book and send the perforated section to DVLA.

Apply for a vehicle tax refund

You will not automatically get a vehicle tax refund - you’ll need to apply for one.

Contact DVLA to get form V33. Complete your form and send it to DVLA. You must include your crime reference number.

Check that your name and address is correct on your log book - otherwise you will not receive the refund.

You’ll usually get your refund in 4 to 6 weeks.


Young people in custody

Overview

People under 18 who are sentenced to custody are sent to secure centres for young people, not to adult prisons.

Why young people are sent to custody

A court can give a young person a custodial sentence if:

the crime is so serious there is no other suitable option

the young person has committed crimes before

the judge or magistrate thinks the young person is a risk to the public

A young person can also be sent to custody on remand.

The Youth Justice Board decides which secure centre a young person will be sent to.

They will choose somewhere that:

can deal with the young person’s needs safely, eg if they have a health problem

is suitable for their age, sex and background

is as near to their home as possible

Arriving at custody

The young person is interviewed by the reception officer as soon as they arrive.

The reception officer uses this interview to make sure the young person is properly looked after, eg if they need any health care.

Search

The young person will have some of their belongings taken away, like their money and phone.

They will also be searched to make sure they don’t have things like drugs on them.

Personal officer

Within the first few days, the young person will meet their personal officer. This person is in charge of the young person’s well-being for as long as they’re in the secure centre.

Find out more about the support that’s available for a young person in custody.

What custody is like for young people

Time in custody is spent:

in lessons

learning skills to get a job or to return to education

taking part in programmes to improve behaviour

participating in sport, fitness, and other activities

There are strict rules about what young people can and can’t do, and they may have to go through alcohol or drug counselling.

Types of secure centre

There are 3 types of custody for young people:

young offender institutions

secure training centres

secure children’s homes

Young offender institutions:

are run by the Prison Service and private companies

are for people aged 15 to 21 (people under 18 are held in different buildings)

house between 60 to 400 people, split into ‘wings’ of 30 to 60 people

Secure training centres:

are run by private companies

are for people aged up to 17

house between 50 and 80, split into units of 5 to 8 people

give 30 hours of education and training a week, following a school day timetable

Secure children’s homes:

run by local councils

are for people aged 10 to 14

house between 8 and 40 people

Visiting young people in custody

You must arrange your visit first. Contact the secure centre to find out what you need to do.

Who can visit

Family members and friends can ask to visit. If you’re under 18 you have to be accompanied by an adult.

People whose job it is to support the young person, like a social worker or legal adviser, can visit them at any time.

When you can visit

Each centre will have specific times for visiting. They will tell you when these are, and you won’t be allowed to visit outside of these times.

How often you can visit

Usually, you can visit a young person once a week if you are a family member or friend, but this can vary.

How many people can visit

Generally, 3 people are allowed at one time. If you want to bring more people, you will need to get permission first.

Getting help with travel costs

Family members can sometimes get help with the costs of visiting, such as train tickets or petrol.

There are different rules for claiming money back depending on where you visit.

Travel claims for visiting a young offender institution (YOI)

You should contact the Prison Service to claim for a visit to a YOI.

Travel claims for visiting a secure children’s home

You should contact the young person’s youth offending team to claim for a visit to a secure children’s home.

The document ‘AVS1 - Assisted visits scheme information for relatives’ will give you information on this. You need to complete form AVS2.

Travel claims for visiting a secure training centre (STC)

Call the STC you’re visiting on one of the following numbers. Ask for the STC monitor - they’ll tell you how to make a claim and what it covers.

Oakhill: 01908 866 021

Rainsbrook: 01788 528 806

Medway: 01634 823 305

Find out about call charges.

You may get help claiming the cost of a train journey before you travel. You can also
claim back the cost of your travel after your visit.

You could get help with registered childminder costs if you have young children.

If the young person is on remand

Contact the young person’s youth offending team, who can organise a visit.

You can’t get help with your travel costs if the young person you’re visiting is on remand.

Advice and support

For advice or support, a young person can speak to a member of staff, for example:

their personal officer

a chaplain, social worker or teacher

a doctor, nurse or other health worker

The personal officer is the person in charge of the young person’s well-being.

Chaplains provide support to everyone, whatever their faith. A young person can ask to speak to a chaplain of their own faith if they want.

Support from the youth offending team

Someone from the local youth offending team will stay in contact with the young person while they’re in custody. The young person can get in touch with them whenever they need.

Friends and family

A young person will be able to contact their family regularly, and can arrange for them to visit.

Advocacy services

Young people can also speak to someone from an advocacy service.

Advocacy services

Advocacy services are run by children’s charities and are confidential.

A young person in custody can ask an advocacy service for help if they:

feel they can’t speak for themselves

don’t understand something

can’t make themselves understood

How to get in touch

People from an advocacy service regularly visit secure centres so young people can meet them. Young people can also telephone them.

Barnardo’s
Telephone: 0808 168 2694
Find out about call charges

This number is for young people in young offender institutions (YOIs) or secure training centres (STCs). The phone number is different for young people in a secure children’s home - they need to ask a member of staff for the number.

Other people to call

Young people and their families can also contact other organisations for help.

Organisations that can help

The Howard League might be able to offer legal advice and help to people under 18 in custody.

The Prison Reform Trust and Nacro offer advice and support to young people and their families, but can’t give legal advice.

Find out about call charges.


Youth crime prevention programmes

Overview

There are various prevention programmes that work to keep young people away from crime. They are run within local communities, and can involve parents and families.

Young people are placed on these programmes if:

they have been in trouble with the police

they’re ‘at risk’ of committing a crime

they’re involved in anti-social behaviour

Attending one of these programmes is voluntary. The young person and their parents or carers have to be happy with everything before it starts.

Many programmes are run by the council’s local youth offending team or by other local organisations like youth charities.

To find out about youth crime prevention programmes in your area, contact your local youth offending team.

How young people are put on a programme

Young people are usually sent - or ‘referred’ - to one of these programmes by the police or the youth offending team.

However, they can also be referred by a teacher, social worker or parent.

Assessment - making sure it’s the right programme

Before anything happens, the youth workers running the prevention programme will assess the young person to:

make sure a prevention programme will help

decide which type of support will be most suitable

The young person will be involved in the assessment and will be asked questions about their life and background.

What these programmes are and how they work

Youth crime prevention programmes have different names and do different things, but they all involve activities to help keep young people away from crime. Young people can also learn new skills or get advice about school or jobs.

Some are run in groups while others are for just one young person supervised by an adult.

Two of the main prevention programmes are ‘youth inclusion programmes’ and ‘youth inclusion and support panels’, although there are many others.

Youth inclusion programmes

These are for 8 to 17 year-olds and usually last for set lengths of time, eg 6 months. Sometimes a young person can attend for longer if they need to, if they find the activities helpful.

Youth inclusion and support panels

These panels - made up of people like local youth or social workers - work with 8 to 13 year-olds to make sure they get access to local services that will help them stay out of trouble. These services could be things like getting extra help at school, or treatment for health or mental health problems.

Both these programmes use something called an ‘intervention plan’ that everyone must agree on, including the young person and their family. This plan describes what the young person is expected to do, as well as what support the young person will get.

Young people can also be mentored, and sometimes their families can also be involved.

Mentoring

A mentor is a specially trained volunteer who spends time helping someone.

They can help a young person with things like:

doing better at school

coping with bullying

applying for jobs or colleges

Sometimes this personal help can be more effective than sending a young person on a group activity. A mentoring programme doesn’t usually have a set time limit - a young person can be mentored for as long as is helpful.

Mentors are not connected to the police or a school.

Involving parents and families

Usually, parents and families will be involved in helping a young person on a crime prevention programme. This could mean anything from attending classes with their child, to just making sure the young person does what they are asked.

Parenting programmes

If a young person gets into trouble with the law, their parents or carers might be asked to go on a parenting programme. Usually, they will be asked to attend voluntarily, but sometimes they will have to go.

This can be part of a youth crime prevention programme, and sometimes it will be separate.

How these programmes work will change from person to person, and will be planned in a way that’s right for the young person and their family. They could involve:

improving parenting skills

making sure nothing at home is causing the young person to commit crime


Being arrested: your rights

When you're arrested

If you’re arrested, you’ll usually be taken to a police station, held in custody in a cell and then questioned.

After you’ve been taken to a police station, you may be released or charged with a crime.

The law on being arrested is different in Scotland.

Your rights in custody

The custody officer at the police station must explain your rights. You have the right to:

get free legal advice

tell someone where you are

have medical help if you’re feeling ill

see the rules the police must follow (‘Codes of Practice’)

see a written notice telling you about your rights, eg regular breaks for food and to use the toilet (you can ask for a notice in your language) or an interpreter to explain the notice

You’ll be searched and your possessions will be kept by the police custody officer while you’re in the cell.

Young people under 18 and vulnerable adults

The police must try to contact your parent, guardian or carer if you’re under 18 or a vulnerable adult.

They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:

your parent, guardian or carer

a social worker

another family member or friend aged 18 or over

a volunteer aged 18 or over

The National Appropriate Adult Network provides appropriate adult services in England and Wales.

Your rights when being questioned

The police may question you about the crime you’re suspected of - this will be recorded. You don’t have to answer the questions but there could be consequences if you don’t. The police must explain this to you by reading you the police caution:

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

How long you can be held in custody

The police can hold you for up to 24 hours before they have to charge you with a crime or release you.

They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder.

You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

When you can be released on bail

The police can release you on police bail if there’s not enough evidence to charge you. You don’t have to pay to be released on police bail, but you’ll have to return to the station for further questioning when asked.

You can be released on conditional bail if the police charge you and think that you may:

commit another offence

fail to turn up at court

intimidate other witnesses

obstruct the course of justice

This means your freedom will be restricted in some way, eg they can impose a curfew on you if your offence was committed at night.

Giving fingerprints, photographs and samples

The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (eg from a mouth swab or head hair root) from you as well as swab the skin surface of your hands and arms. They don’t need your permission to do this.

The police need both your permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions.

This doesn’t apply when they take a blood or urine sample in connection with drink or drug driving.

Information from fingerprints and samples is stored in a police database.

You can find out if your information is stored on the police database by getting a copy of your police records from your local police station.

You have to write to your local police (England, Wales and Northern Ireland) or local police (Scotland) to have your personal information removed from the police database.

They’ll only do this if an offence no longer exists or if anything in the police process (eg how you were arrested or detained) was unlawful.

Legal advice at the police station

Your right to free legal advice

You have the right to free legal advice (legal aid) if you’re questioned at a police station. You can change your mind later if you turn it down.

How you can get free legal advice

You must be told about your right to free legal advice after you’re arrested and before you’re questioned at a police station. You can:

ask for the police station’s ‘duty solicitor’ - they’re available 24 hours a day and independent of the police

tell the police you would like legal advice - the police will contact the Defence Solicitor Call Centre (DSCC)

ask the police to contact a solicitor, eg your own one

You may be offered legal advice over the phone instead of a duty solicitor if you’re suspected of having committed a less serious offence, eg being disorderly. The advice is free and independent of the police.

Being questioned without legal advice

Once you’ve asked for legal advice, the police can’t question you until you’ve got it - with some exceptions.

The police can make you wait for legal advice in serious cases, but only if a senior officer agrees.

The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected terrorism).

You have the right to free legal advice if you are questioned by the police.

Complaining about your treatment by the police

Contact the police force you want to complain about if you’re unhappy about how the police have treated you.

Police forces must refer certain types of complaints to the Independent Office for Police Conduct (IOPC).


Being stopped by the police while driving

Overview

The police can stop a vehicle for any reason. If they ask you to stop, you should always pull over when it’s safe to do so. You’re breaking the law if you do not stop.

If you’re stopped, the police can ask to see your:

driving licence

insurance certificate

MOT certificate

If you do not have these documents with you, you have 7 days to take them to a police station. You’re breaking the law if you do not show the requested documents within 7 days.

The police can also give you an on-the-spot fixed penalty notice for many minor offences and make you take a breath test in certain circumstances.

You can also have your vehicle seized if you’re stopped on suspicion of driving without insurance and for some other offences.

Breath tests

The police can stop you at any time and ask you to take a breath test (‘breathalyse’ you) if:

they think you’ve been drinking

you’ve committed a traffic offence

you’ve been involved in a road traffic accident

If you refuse to take a breath test, or fail to supply a sample of breath and do not have a ‘reasonable excuse’, you can be arrested. A reasonable excuse could be a genuine physical or mental condition stopping you from giving a sample.

The breath test gives a result straight away. If it shows you’re not over the drink drive limit, you may be allowed to go.

If you fail the breath test, you’ll be taken to a police station and given a final breath test. If it’s positive, you will be charged.

If the officer thinks you’re under the influence of alcohol or drugs, they can ask you to:

take a drug test

do a physical test (a ‘field impairment test’), for example walk in a straight line then turn around and walk back

You can be arrested if you fail the test.

If you fail a breath test you cannot drive your car until you’re sober. You can ask someone else to collect your car for you.

Minor motoring offences

The police can give you a ‘fixed penalty notice’ for less serious traffic offences, including for:

careless or inconsiderate driving

using a mobile phone while driving

not wearing a seat belt

driving too close to another vehicle

You can be fined up to £200 and get penalty points on your licence if you get a fixed penalty notice - you may be disqualified from driving if you build up 12 points within 3 years.

The police can also decide to:

take no action

issue a warning

offer driver training

charge you with an offence

You can choose not to pay the fixed penalty if you believe that it was given unjustly, but you’ll have to argue your case in court.

Faults with your vehicle

If your vehicle has something wrong with it, for example a broken brake light, the police may give you a ‘vehicle defect rectification notice’.

You’ll need to get your vehicle fixed and provide proof that it’s been fixed, for example a receipt for the work from a mechanic. You have 14 days from the date of the notice to show the proof to the police.

When the police can seize your vehicle

The police can seize a vehicle if they think it’s being used in a way that causes alarm, harassment or distress, for example careless or inconsiderate driving.

They can also seize a vehicle if they think it’s:

being driven by someone who does not have a proper licence or insurance

dangerously, illegally or obstructively parked

broken-down or abandoned

If your vehicle is seized there’s a ‘release fee’ of up to £200 plus a storage fee of £20 for every day or part day.