Hi, I'm Mrs. Allchin, and I'm going to be taking you through the citizenship lesson today.

I'm going to give you all the information that you need to be able to take part in the lesson and I'll also pause and tell you when you need to complete an activity or complete a check for understanding.

I hope you enjoy the lesson.

This lesson is called What Right Do Defendants and Victims of Crime Have? And it comes from the unit of work, Does Our Legal System Protect Citizens' Rights? By the end of this lesson, you'll be able to describe the rights of defendants and victims of crime and explain why these rights are important.

The key words for today's lessons are legal rights, which are protections and freedoms given by law to individuals, ensuring fair treatment and justice within the legal system.

Defendant, which is a person that is accused of committing a crime or being accused of a civil wrong.

And justice, which is fairness as a result of the application of a law, usually by a judge, in society.

This is our lesson outline for today for what rights to defendants and victims of crime have? So first we're going to look at what rights does a defendant have? We're then going to look at what rights does a victim of crime have? And then we're going to look at what can they do if their legal rights are denied? So we're going to start by looking at what rights does a defendant have? So first of all, let's look at what a defendant is.

So a defendant is a person or company that is accused of committing a crime or they're being accused of a civil wrong.

They are defending their innocence because they are innocent until they're proven guilty.

As our legal system is based on a balance of justice, deterrence, and rehabilitation, it is vital that within our legal system, a defendant has full legal rights and has access to full defence.

So Laura's asking, "Can you identify any legal rights that defendants are entitled to?" So have a think, people that have potentially been accused of committing a crime, what rights are they entitled to? So let's have a check for understanding.

Our legal system is based on a balance of what? What are the three missing words? And you've got a clue there because you've got the first letter.

So our legal system is based on a balance of justice, deterrence, and rehabilitation.

So let's have a look at some of those rights that we started to think about just before.

So Article 7 of the Universal Declaration of Human Rights, the UDHR, states that everyone is equal before the law and has the right to equal protection from discrimination.

So this means that a defendant must not be subject to any discriminatory behaviour during the trial, and the core outcome must be based solely on legal evidence and then mitigation, as opposed to biases based on the defendant's race, sex, or other protected characteristics.

So they cannot be subject to any discrimination.

It has to be fair and based on evidence that is provided.

And Article 8 of the UDHR states that everyone has the right to an effective remedy if their legal rights are violated.

This means that people have a way to seek justice if their legal rights are violated by the law or constitution.

So if you think about the word remedy, you might think about that if you've been poorly and you have a remedy to make yourself better.

So that's what it means.

It means that people have a way to make things right, to seek justice if they feel as though their legal rights have been violated.

So this human right applies to not only victims of crime, but defendants too.

So that remedy, that idea of making right applies to defendants too, not just victims of crime.

And there are clear appeal processes within our legal system so that defendants may file a notice of appeal if they do not feel their case was heard fairly or their sentence is appropriate.

The appeal must be based on law and/or fact and can take place within both criminal and civil law, so that appeal process is really important.

Let's have a check for understanding.

True or false, a defendant is unable to accuse the legal system of discriminatory practise.

Is that true? Is that false? And can you tell me why It's false, and why? A defendant has the right to a fair trial, to be free from discrimination.

If they feel this has not happened, they have the right to appeal.

Article 9 of the Universal Declaration of Human Rights also protects people from arbitrary arrest and detention.

It also establishes standards for how people should be treated by the police.

So when we think about the word arbitrary, it means for no good reason or on a whim or just at random.

So our legal system ensures that not only can people only be arrested if there is credible evidence, but also that the Crown Prosecution Service will decide if criminal cases can be brought to court.

And that a decision is based on if there is sufficient evidence.

And detention, prison, follows strict guidelines with judges referring to sentencing guidelines before deciding a fair prison duration, and also if prison is the most appropriate sentence.

So again, that can't just be decided on a whim or depending on how that judge was feeling that day.

There's really clear guidelines that must be followed when passing sentence.

And Article 10 of the UDHR states that everyone has the right to a fair and public trial.

So public trials form a really key aspect of defendant's legal rights as these ensure trials are open, making any corrupt or unfair treatment visible and accountable.

If you think about it, if it was just the defendant and a judge in the room, that there's no other witnesses, there's no one else that's seen that and that's why that public element is really, really important.

Ultimately, the judge will make decisions regarding who can and cannot sit in on a trial.

And in most cases, family courts and youth courts are kept closed from the public due to the nature of the cases being heard.

Whereas other courts will normally have a public gallery.

Court listings are also made public, and many outcomes from court cases are also published.

So all of this adds to that idea of that public trial, and this ensures that cases are not happening in secrecy.

So Laura's asking how can we ensure fairness in cases that are not open to the public? So remember, sometimes maybe in youth courts and family courts, it won't be open to the public.

So Article 11 of the UDHR states that everyone is presumed innocent until proven guilty, and this includes ensuring that the defendant has had all the guarantees necessary for their defence.

Therefore, even if a court is closed, the defendant would have a legal professional representing them and ensuring that they were not being found guilty without sufficient evidence.

So even if members of the public are not in the gallery, in the courtroom, the defendant would always have someone representing them on their behalf, so that's another professional witness to what is happening in the courtroom.

A defendant has further legal rights which include the right to remain silent.

They do not have to testify against themselves or prove their innocence.

They have the right to ask the witness questions for the prosecution.

They have the right to be able to present evidence that they feel supports their case.

And also very importantly, they have the right to an interpreter or any other resources to ensure that they are not disadvantaged due to any specific learning need or disability.

So if someone had a hearing impairment or a visual impairment, if someone didn't have English as their first language, they would absolutely be provided with the support needed to make sure that they could access everything and not be disadvantaged in any way.

Let's have a check for understanding.

This is quite a long one to read, so let's have a quick read together first.

So what are the missing words? A defendant has further legal rights, which include the right to remain something, they do not have to testify against themselves or prove their innocence.

The right to cross-examine something for the prosecution, the right to present something that supports their case, and the right to an interpreter or any other resources to ensure they are not something due to any specific learning need or disability.

So pause while you have a go at this check for understanding.

Right, let's have a look at those missing words.

So they have the right to remain silent, the right to cross-examine witnesses, the right to present evidence that supports their case, and they have the right to interpreters or any other support to ensure that they are not disadvantaged due to any particular need.

So for task A, I'd like you to outline defendant's legal rights and why they are important in our legal system.

You should refer to at least three specific defendant rights in your answer and also make reference to the importance of justice within the legal system.

Pause while you have a go at this task.

So when outlining defendant's legal rights and why they are important in our legal system, you may have included, "Defendant rights are important because they make sure everyone gets a fair trial.

One key right is a right to a fair trial, which means a person is innocent until proven guilty and has a chance to defend themselves properly.

Also the right to a defence, which means they can have a lawyer to help them argue their case and challenge any evidence against them.

If a defendant does not speak English, they also have the right to an interpreter so they can understand everything happening in court.

These rights matter because they help prevent unfair punishments and make sure justice is done so innocent people are not wrongly convicted and everyone is treated fairly under the law." So we've had a look at the rights that a defendant has, so now we're going to have a look at the rights that a victim of crime should have.

So the victim's code was established by the Domestic Violence Crime and Victims Act in 2004, and it came into effect in 2006, and it applies to all criminal justice agencies including the police, the Crime Prosecution Service, Court Service, and the Probation Service, so a special victims code.

They are responsible for making sure citizens receive their legal rights as victims of crime.

So the victim's code really lays out and makes it really, really clear what all of these professional services should be ensuring that victims have in terms of their rights.

Sofia is telling us, "There are 12 legal rights within the victim's code.

Can you identify any?" So you might not have ever heard of the victim's code before, you might have heard it before, but if not, just think as a victim of crime, what rights do you think a person should have? So pause while you have a think for yourselves.

So let's have a look at these together.

So victims have the right to understand and to be understood, and there is a difference there between the two.

The law can be really, really confusing, and victims of crime are also likely to be feeling a wide range of emotions, and therefore a key right is that victims of crime must understand what is happening at all times.

They should have the full process explained to them in easy-to-understand language and they should understand what is happening at each stage from when they first initially report the crime right the way through to potentially sentencing within the courtroom.

And it's also vital that they are understood by others, and this includes the use of translation services and any other methods if needed.

So that's a right of victims of crime, to understand and to be understood.

They also have the right for their crime that's being committed against them or potential crime to be recorded without delay.

So the police officers must record crime without delay.

So the police who enforce the law must record the crime in a timely manner.

Even if the police decide a crime has not taken place, a non-crime recording must still happen, that must still take place.

It's a right that victims should expect.

They also have the right to provision of written information.

So Sofia's asking, "Well, what does this include?" It's ultimately written confirmation of the crime report but also any additional legal information being provided in written form if that's requested.

Because sometimes if a victim of crime, you know, has gone through something really emotional, someone might be explaining something to them but they might then go away and they can't remember or they're confused.

So if they ask for anything to be written down or to have written reports or written examples of things or explanations of things, that should absolutely be provided so they've got access to that information when they need it.

Victims of crime also have the right to victim support, compensation, and investigation information.

So victims of crime should be offered victim support, including additional support that can be offered in court.

So basically people to talk to about what they've experienced, how they're feeling, and if they do end up having to go to court or the court case is going ahead, additional support there.

Recognising that being a victim of crime can be very traumatic for people.

Also if eligible, compensation information must be provided.

So if as a victim of crime, you are eligible for compensation, information about how to go ahead and apply for that should be provided.

And of course, victims of crime must be kept informed of their case at all stages because not understanding what's happening and not knowing what's happening and when can be very, very stressful.

So they need to be kept in the loop and kept informed at what is happening at all times.

Let's have a check for understanding.

What are the missing words for the first six legal rights in the victim code? Select from the options below.

So we've got to understand and be something, crime recorded without something, provision of something information, victim something, five is just one word, and then investigation something.

And the word you have to choose from are support, written, delay, understood, information, and compensation.

So pause while you have a think about this task.

So these are the first six legal rights: to understand and be understood, crime recorded without delay, provision of written information, victim support, compensation, and investigation information.

The police officer's saying, "There are further rights relating to victim impact and being informed." So can you think, are we missing anything or does anything need to be expanded? So victims of crime have the right to provide a statement that outlines how the crime has impacted their life, and this is considered at sentencing.

So during the court process, there is an opportunity for that statement to be read out by the victim themselves or someone else, a lawyer acting on behalf of the victim.

So that can be really, really important, and that can be something that the judge might actually use to help them make their decision regarding sentencing.

So that should be an option there.

They don't have to take it, but it should be offered as a right.

There is also the right to be kept informed regarding the court case, including their role in the court room if applicable.

So if they are going to be asked to be in the courtroom and to provide evidence, again they need to be really kept informed about that.

This is all linking back to how stressful it is to be a victim of crime and how confusing the process should be, so it all needs to be explained and be made as sort of simple as possible for people to understand.

And also there is the right to be told the outcome of their case and any future appeal cases made by the defendant.

So as a victim of crime, your rights don't just end once that court case has happened.

If for example the person that's committed a crime against you ended up going to prison, and even if they had a prison sentence for many, many years, as it was reaching the point of their release date or an appeal for them to potentially be released, you would be kept informed of that 'cause you have a right to know what is happening.

You also have the right to expenses and property, and what that means is victims of crime have the right to claim expenses and also to have their possessions returned to them after the trial if they were being used in evidence.

So they might have had to have clothing taken away or other items taken away, so they obviously have the right to have those returned back to them.

Offender information, so victims have the right to be kept informed of the offender's actions in prison and also their parole and release dates, as we've already touched upon a little bit already.

So you can see that lots of these rights kind of overlap and interlink with each other.

And they also have the right to complain.

So if a victim of crime does not feel their rights have been met, they absolutely have the right to complain.

So let's have a check for understanding.

True or false, it goes against the defendant's rights to inform their victim of information relating to their parole? Is that true? Is that false? And can you tell me why? It's false, and why? A key victim right is to be kept informed about all aspects of the court case, including sentencing, prison behaviour, parole applications, and release dates.

For Task B, I'd like you to outline the legal rights of victims of crime.

You do not need to explicitly refer to all 12 principles outlined in the victim's code because that's a lot to remember, but you should try and summarise the main idea of these within your work.

So pause while you have a go at this task.

So your outline of victims' legal rights may have included, "Victims of crime have the right to be listened to and taken seriously, meaning the police and other services must treat them with respect.

They should be kept updated by their case, like if a suspect is arrested or goes to court.

Victims can also get help and protection, such as support services or special measures in court if they feel unsafe.

If they're unhappy with how their case is handled, they have the right to challenge decisions and ask for a review.

These rights are important because they help victims feel supported and ensure they get justice." So we've looked at the rights that a defendant has and we've looked at the rights that a victim of crime has, so now we're going to have a look at what can they do if their legal rights are denied? So it is important to remember that both defendants and victims of crime have legal rights within our legal system.

S that's a really crucial point to remember, defendants even though they are potentially being accused of committing a crime, they still have rights as do victims of crime.

So let's just really quickly have a recap of that.

So defendants have the right to a fair and public trial, the right to appeal, the right to have a defence, they have the right to be free from discrimination, and not to be found guilty unless there is sufficient evidence, and they also needs to have the right to fair sentencing that follows guidelines.

Victims have the right to be listened to and to be understood, to have the process explained to them, to be kept informed of the case at all stages, be compensated if that's applicable, and to have their victim statement taken into account at sentencing if they wish.

So both sides have rights.

So Jacob's asking are there any cases where a defendant had their rights denied? And there are examples, there are case studies.

So in 2021, Ademola Adedeji was wrongfully convicted of conspiracy to cause grievous bodily harm after the prosecution used a drill music video and text messages as evidence to link him to a gang-related attack in retaliation for the murder of his friend.

The case was successfully appealed in 2025 on the basis that Ademola appearing in a drill video and sending messages when clearly angry and upset about the death of his friend did not amount to strong enough circumstantial evidence, meaning he did not receive a fair trial.

So that was an example there where rather than a specific evidence being used to make that the argument and ultimately decide the outcome of the case, it was using other information as well.

So on appeal, that was viewed to be unfair and that he did not have his right to a fair trial met.

In 1991, so going back a lot further, Oliver Campbell was convicted of murdering a shopkeeper during a robbery in London.

Now his rights were denied at trial as his confession was obtained under pressure, despite him having severe learning difficulties and an IQ of 73, this made him very, very vulnerable to coercion, so being pressured into saying something 'cause he felt like he had to and also indicates that he might not have understood fully what it was that he was confessing to or even actually what was happening during that part of the investigation and the questioning and everything that followed.

And the Court of Appeal did actually overturn his conviction in 2024 after new evidence confirmed his confession was unreliable.

So these case study show you how absolutely vital it is that a defendant's rights are met because if not, it can be a real miscarriage of justice.

Let's have a check for understanding.

Why was Oliver Campbell's confession later viewed as a denial of his rights? His confession was obtained under pressure, despite him having severe learning difficulties and an IQ of 73, making him very vulnerable to coercion.

So now Jacob's asking, "Are there any cases where a victim of crime has had their rights denied?" So I'm gonna pause there in case you might have heard of something in the media, in case you know of any cases, then we'll have a look together.

So in 2013, Ms. A was verbally threatened in the workplace.

This crime was reported to the police and the suspect was arrested.

However, at some point in this process, an error was made which meant that Ms. A was not aware of the court case, and therefore did not attend to be able to give evidence on behalf of the prosecution and the defendant was released.

So ultimately there an error has happened in the process.

Ms. A was not informed of the upcoming court case, so she therefore was not able to attend to give evidence, to read out a victim statement or anything like that.

And because of that lack of her being present and being able to give that evidence, actually the defendant was released.

So Ms. A was not kept informed about the court proceedings and she was unable to have her say in court, so she absolutely did not have her rights met as a victim of crime.

This could cause her lots of stress, lots of anger, and she was actually awarded 2,000 pounds in compensation due to the lack of justice that she received.

So let's have a check for understanding.

So the CPS's failure in relation to Mrs. A's case meant that she was denied the chance to what? So Mrs. A not being told about the court case, she was denied the chance to what? What right was she denied? So because she was not made aware of the upcoming court case, she was unaware of the court hearing and was therefore denied the chance to attend court and present evidence for the prosecution; this went against her legal rights.

These case studies highlight how defendant rights and victim rights are equally important within our legal system, ensuring the process is fair and provides justice.

Clear guidelines exist throughout the legal system to ensure that rights are met on both sides.

And when these rights have not been met, there are clear processes for appeal.

Let's have a check for understanding.

True or false, victim's rights are more important than defendant's rights? Is that true? Is that false? And can you tell me why? It's false, and why? Defendant's rights and victims' rights are equally important within our legal system, ensuring the process is fair and provides justice.

For Task C, I'd like you to explain using a case study example why an important feature of our legal system is for defendants and victims to be able to make an appeal if their legal rights have been denied.

So have a think about the case studies that we've looked at during this lesson and really think about that idea of justice and why it's really important that they're able to make an appeal if needed.

Pause while you have a go at this task.

So when explaining why an important feature of our legal system is for defendants and victims to be able to make an appeal if their legal rights have been denied, you may have included, "An important part of our legal system is that both defendants and victims can appeal if their rights have been denied, making sure justice is served.

For example, in Oliver Campbell's case, he was wrongly convicted of murder because his confession was forced, even though he had learning difficulties.

After many years, new evidence proved his confession was unreliable and his conviction was overturned, showing why appeals are needed to stop unfair punishments that are a result of an unfair trial.

The victim's legal rights are important because they provide support and protection.

In the case of Ms. A, she was threatened at work by someone she knew.

Even though he was arrested, the system failed her due to an administrative mistake, the CPS did not tell her about the court hearing, which meant she did not get the chance to provide evidence.

This is a denial of rights because victims deserve to have a say and to be kept informed about their own cases.

If victims are not given their rights, they might feel ignored or unsafe, which could stop them from reporting crimes in the future.

Making sure victims are heard and protected should always be a priority." So in summary of the lesson, what rights do defendants and victims of crime have? Defendants have the right to a fair trial, legal representation, and the presumption of innocence until proven guilty.

They can remain silent, challenge evidence, and appeal convictions.

These legal rights protect individuals from wrongful punishment and ensure justice is served fairly.

Victims of crime have the right to be treated with respect, receive updates about their case, and be supported throughout the legal process.

They can give a victim personal statement and apply for compensation if applicable.

These legal rights help ensure victims feel heard, feel safe, and are involved in seeking justice.

That brings us to the end of this lesson.

Well done for all your hard work, and I hope you come for some more citizenship lessons in the future.