Guidance

Your rights and personal information

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
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You have rights after a crime.

You should be treated with respect, dignity, sensitivity and compassion.

You can ask questions about your rights and how your information will be used.

You can also ask for support to help you understand information you receive.

Tell services if contact could put you at risk

Tell police or another service if it is not safe to contact you by phone, text, email or post.

Ask them to discuss a safer way to contact you.

Tell them if your address, phone number, email address or safety needs change.

If you or someone else is in immediate danger, call 999 .

Your rights after a crime

The Victims’ Code explains the minimum standards of service that victims should receive from criminal justice services in England and Wales.

Depending on your circumstances and the stage of your case, you may have the right to:

  • be treated with respect and understood;
  • receive information about the criminal justice process and your case;
  • have your safety, communication and support needs considered;
  • get support after a crime;
  • make a Victim Personal Statement;
  • be told about important decisions;
  • and complain if you have not received the service you should have received.

Some rights apply whether or not you report a crime. Other rights apply after a crime has been reported or as a case moves through the criminal justice process.

How services may use your information

Police, prosecutors, courts, support services and other organisations may use information about you to provide support, investigate a crime, make decisions, keep people safe and run the criminal justice process.

They should only use or share information where there is a lawful and necessary reason.

They should share only information that is relevant and needed for that purpose.

A service should explain how it uses your information and who to contact if you have questions.

You can ask about this before you share information.

Information may sometimes be shared without your agreement.

For example, this may happen where it is necessary to investigate a crime, protect someone from serious harm, safeguard a child or vulnerable adult, or meet a legal duty.

If police ask for sensitive records

Police or other authorised people may sometimes ask for information held by another organisation, such as medical, counselling, education or social care records.

You should be told what information is being requested, why it may be needed and how it will be handled.

Requests for information should be necessary and proportionate.

Sensitive information, including counselling records, should not be requested routinely.

You can ask questions about a request and ask for support to help you understand it.

Read the Victim Information Requests Code of Practice for more information.

Ask for information held about you

You can ask an organisation whether it holds personal information about you and ask for a copy of information you are entitled to receive.

This is called a subject access request .

Make your request to the organisation that holds the information.

For example, contact the police force that dealt with your report if your request is about your contact with that force.

Be as specific as you can about the information you want and the dates it relates to.

The organisation may ask for information to confirm your identity or help it find the records.

Some information may be withheld or edited.

This may happen if providing it could harm an investigation, public safety or another person’s rights and privacy.

A subject access request is different from a Freedom of Information request.

Read the ICO’s guidance on personal information and the criminal justice system for more information.

If you are unhappy with a service or how your information was used

If you have not received the service you should have received

Complain first to the service involved, such as the police force, Crown Prosecution Service or court service.

Read Challenge a decision or make a complaint for more information.

If you are concerned about how an organisation handled your personal information

Raise your concern with the organisation first.

If you are not satisfied with its response, you may be able to complain to the Information Commissioner’s Office .

If you disagree with a decision not to investigate or prosecute

A service complaint or data protection complaint will not usually change a decision about an investigation or prosecution.

Read Challenge a decision or make a complaint to find the relevant review route.

Ask for the support you need

Tell a service if you need help to understand or use its information. You can ask about:

  • an interpreter or translation;
  • British Sign Language interpretation;
  • information in an accessible format;
  • a safe way to contact you;
  • support for a disability, learning disability, neurodivergence or mental health need;
  • and Welsh language support in Wales.

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