Providing a Check on Prosecutorial Decision-Making An Analysis of the Victims’ Right to Review Reform

Published online on June 23, 2017

Abstract

The Victims’ Right to Review (VRR) enables victims to request a review of a prosecutor’s previously finite decision not to proceed with charges; the outcome of which can include a reversal of that decision. Informed by the voices of those involved in the VRR’s development and operation, and a quantitative dataset unique to our study, this article analyses the VRR process and outcomes two years post its implementation. Ultimately, we argue that despite being a primary aim of the reform, transparency, accessibility and accountability concerns may hinder the VRR’s capacity to address victims’ procedural justice needs (information, voice, control, validation), thereby reducing its effectiveness.