Victim notification scheme for victims of offenders with a mental disorder

Who is eligible for the Scheme?

If you have received this guidance, you may be eligible to take part in the scheme.

Eligible persons may take part in the scheme where:

(a) an offence has been perpetrated against a person (the victim)
(b) a person (the offender) has been made subject to a compulsion order and a restriction order in relation that offence
(c) they have asked to be given information about the offender and is, or was at the time of asking, a person entitled to ask to be given the information (see persons eligible to take part in the scheme below), and
(d) the offender is 16 years old or over.

The persons eligible to take part in the scheme are:

• victims aged 12 years and over against whom the offence was perpetrated;
• a parent or carer of a victim where the victim is a child under 12 years;
• the highest listed near relative of the victim if the victim is incapacitated;
• any or all of the four highest listed near relatives of a victim where the victim has died;
• if the victim died before reaching 16 years, any other person who cared for the victim immediately before the offence.

If a victim is unable to communicate, but this can be overcome by a human or mechanical aid (e.g. where the victim is unable to write but can tell someone else what (s)he wants to say) the right to join the VNS stays with the victim.

The eligible nearest relatives listed in order are:

(a) spouse;
(b) cohabitee ^[1] ;
(c) son or daughter or any person that the victim had parental rights or responsibilities for;
(d) father or mother or any person who had parental rights or responsibilities for the victim;
(e) brother or sister;
(f) grandparent;
(g) grandchild;
(h) uncle or aunt;
(i) nephew or niece,

and the elder of any two persons described in any one of paragraphs (a) to (i) is to be taken to be the higher listed person, regardless of sex.

For example, in a case where a victim has died leaving a wife, two (living) parents and two brothers, the wife, both parents and the elder of the brothers would be invited to join the VNS. If one parent decided not to join, no others would be invited to take their place from further down the list.