Victims’ Right to Review
If you are a victim of an offence the SFO is obliged to inform you of decisions relating to whether or not someone has been charged with the offence.
If you are a victim of an offence into which the Director of the Serious Fraud Office (SFO) has opened a formal investigation, then the SFO is obliged to inform you of decisions relating to whether or not someone has been charged with the offence. More information for Victims and Witnesses can be found here.(LINK to Victim and Witness Page)
According to the Code of Practice for Victims of Crime (November 2020) the definition of a victim is:
‘A person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence.’
The SFO also permits business victims who have had a criminal offence committed against them the right to request a Victims’ Right to Review.
If the SFO has made one of the following decisions in relation to your case and you are unsatisfied with that decision, then you have the right to ask for that decision to be reviewed. * Not to charge anyone in the case * To discontinue all charges (or withdraw in the magistrates’ court) thereby ending all proceedings * To leave all charges in the proceedings to “lie on file” (this is the term used in circumstances where the SFO makes a decision not to proceed and requests that the charges be allowed “to lie on the file” marked “not to be proceeded with without the leave of this Court or the Court of Appeal”).
The Victims’ Right to Review only applies to such decisions made by the SFO on or after 16 November 2015.
The Victims’ Right to Review does not cover: * Cases that have not been formally accepted for investigation by the Director of the SFO * Cases where a suspect has not been identified or notified of the SFO investigation * Cases where the suspect has not been interviewed by the SFO * Cases where charges are brought in respect of some (but not all) allegations made or against some (but not all) possible suspects * Cases where a single charge or charges are terminated but another charge or related charges continue * Cases where proceedings against one (or more) defendants are terminated but related proceedings against other defendants continue * Cases where a single charge or charges are substantially altered but proceedings continue * Cases where some (but not all) charges are left to lie on file * Cases where the SFO offers no evidence * Cases where the victim has not had any contact with the SFO prior to the decision being made
Lodge a Request for a Review
Send your request for a review in writing to either the email or postal address provided below.
Requests should be made within 3 months of being told by the SFO about the decision not to prosecute.
The Public Enquires/Correspondence team will acknowledge receipt and ensure that it is dealt with by an appropriate person within the SFO.
Contact details
Email: public.enquiries@sfo.gov.uk
Post: The Correspondence Unit
Serious Fraud Office 2-4 Cockspur Street London SW1Y 5BS
The information you should provide
Please provide as much information as possible. Where relevant, you should include: * Your full name, address and preferred contact details * The details of the case in which you were a victim * Details of the SFO case team with whom you have been liaising * Why you believe that the decision not to prosecute was incorrect.
Review
The review will be made in accordance with the Code for Crown Prosecutors.
The review will take approximately 4 months. If the review will take longer, then the SFO will inform you.
If the reviewer agrees that the decision not to prosecute was correct, then the SFO will inform you and where possible provide an explanation.
If the reviewer concludes that the decision not to prosecute was incorrect, then the case will be referred to the Director of the SFO for reconsideration. You will be informed of the final decision and where possible provided with an explanation.
Once an outcome of the Victims’ Right to Review is reached, there is no opportunity for another review by the SFO.