Less Victim Protection


What has happened? 

Protective orders issued by British courts to victims of crimes, will no longer be upheld incountries in the European Union (EU) after December 31st, 2020.

 

What does this mean? 

Prior to the end of the United Kingdom’s (UK) transition period from the EU, victims of crime who were protected by protective orders issued in a British court were still protected when traveling to any of the 27 countries in the EU. 

 

Once the Brexit transition period ends, victims of crime who have been issued protective orders will no longer have protection outside of Britain. This is because, the EU’s Victim’s Rights Directive has not been included as part of the UK’s exit plan. The reason for this is unclear, as so far there does not appear to be a British alternative to the Victims’ Rights Directive and there does not appear to be plans to create a British alternative.   

The purpose of the Victim’s Right’s Directive is to ensure maximum protection and support to victims of domestic abuse and other crimes. It has been active within Britain since 2012 and has helped establish high quality levels of victim support and protection to people in Britain. Although this extended element of protection has not been used often or by many British citizens, it was still an important additional protection. 


How does this impact the legal sector? 

After December 31st 2020 victims with a protective order who wish to continue to receive protection when outside of Britain and inside an EU country, according to the Ministry of Justice must, “secure a domestic (civil) protection order from the EU member state that they are visiting”. This new development disadvantages some of Britain’s most vulnerable.  


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